Terms of Service
Last Updated: May 21, 2018
“Important Notice:
GungHo Online Entertainment, Inc.(“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to the use of our game applications for personal computers and mobile devices and Applications accessible on social networking services (“SNS”) (each, an “Application” and collectively, “Applications”). Your use of the Applications is subject at all times to these TOS and our privacy policy which can be found at the following URL: https://mobile.gungho.jp/reg/rules/eng.html(“Privacy Policy”). Any inconsistencies between this TOS or the Privacy Policy shall be resolved by the Company, acting reasonably. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. In some instances, separate terms of service, rules, policies or guidelines will set forth additional conditions that may apply to an Application, including, without limitation, the Apple iTunes Store Terms and Conditions, the Google Play Terms of Service, Google Terms of Service, Google Business Play Program and Policies, any applicable SNS terms and conditions, and any special terms and conditions set out at the following URL: [ https://mobile.gungho.jp/reg/rules/eng.html ](collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will take precedence unless the Company determines otherwise, acting reasonably.
1.LICENSE
(a) License Grant. Subject to the terms and conditions of these TOS, the Privacy Policy and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to: (i) download, install and use the subject Applications (excluding source code) on your personal computer and/or mobile device, and (ii) access and use the Application through the subject SNS. The Company may terminate this license without notice in the event you fail to comply with these TOS, the Privacy Policy or any Additional Terms. Upon termination of the license, you must immediately cease accessing and using all Applications.
(b) Limitations. The license granted to you is subject to the following limitations. You shall not or permit any other person to:
(i) in whole or in part, (1) modify or create any derivative work of the Company Materials (defined below), other user’s User Content or Application, or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of any Application except to the extent permitted by applicable law;
(ii) modify, alter or remove any copyright, patent, confidentiality, trade mark and other notices, labels or legends in any Company Materials, other user’s User Content or Application;
(iii) assign, rent, distribute, license, sell, or grant a security interest in any Company Materials, or other user’s User Content or Application, to other parties in any way not expressly authorized herein;
(iv) exploit any Company Materials, other user’s User Content or Application, or any of its parts for any commercial purpose;
(v) use any third-party software to modify any Application;
(vi) use any Application to access, copy, transfer, transcode or retransmit content in violation of third party intellectual property rights; or
(vii) create or maintain, under any circumstance, any unauthorized connections to any Application. All connections to the Applications may only be made through methods and means expressly
approved by the Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to the proprietary interface or interfaces other than those expressly provided by the Company for public use.
(c) Additional Agreements.
(i) You agree to use the Applications only in compliance with these TOS, the Privacy Policy, Additional Terms and applicable rules, laws and regulations, including applicable tax laws.
(ii) You agree that by accessing and using the Applications you may be exposed to content that you may find offensive, indecent or objectionable and that you access and use the Applications at your own risk.
(iii) In the event that you have not reached the legal age of capacity to enter into an agreement of this type in your jurisdiction, you agree that you shall obtain any required consent from your parent or guardian prior to (i) accessing or using the Application, and (ii) purchasing any Virtual Items.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the licence granted hereunder with immediate effect and may subject you to civil and/or criminal liability.
2.IP OWNERSHIP
(a) Company Materials. The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Applications (including past, present and future versions) (excluding User Content), including, without limitation: graphics; layout; text;
images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Applications; and all other materials or content made available on the Applications (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trade mark, patent, publicity and other laws, rules, regulations and international treaties.
(b) Trade mark Notice. All words and logos in an Application marked by the ™ or ® symbols are trade marks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trade marks and service marks appearing in the Applications are the property of their respective owners. All rights are reserved. Use of any of our trade marks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.
(c) Application. The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all Applications, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, art work, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game currency, in-game accessories or incentive points, any related documentation, and “applets” incorporated into the Applications. The rights described in the foregoing sentence are the copyrighted work of the Company and/or its licensors and are protected by applicable intellectual property laws. The Application may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this TOS.
(d) No Additional Rights. Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
(e) In-Game Items. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE ONLY LICENSING THE RIGHTS TO ACCESS AND USE THE APPLICATIONS, AND AS THE COMPANY EITHER OWNS, OR HAS LICENSED, ALL OF THE COMPANY MATERIALS, APPLICATIONS AND OTHER CONTENT WHICH APPEAR IN THE APPLICATIONS, THE COMPANY DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE APPLICATIONS, OR THE PURPORTED SALE, GIFT OR TRADE IN THE “REAL WORLD” OF ANYTHING RELATED TO THE APPLICATIONS. SPECIFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY VIRTUAL IN-GAME CURRENCY (I.E., COINS, CARDS, CASH, TOKENS, POINTS, ETC.), IN-GAME ACCESSORIES, INCENTIVE POINTS OR OTHER GOODS OR SERVICES FOR USE IN THE APPLICATIONS (COLLECTIVELY, “VIRTUAL ITEMS”), YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH VIRTUAL ITEMS. ACCORDINGLY, YOU MAY NOT (I) SELL OR ATTEMPT TO SELL, IN THE ‘REAL WORLD’, SUCH VIRTUAL ITEMS FOR “REAL” MONEY OR ANY OTHER CONSIDERATION, (II) GIFT OR ATTEMPT TO GIFT VIRTUAL ITEMS IN THE ‘REAL WORLD’, OR (III) EXCHANGE OR ATTEMPT TO EXCHANGE, IN THE ‘REAL WORLD’, VIRTUAL ITEMS FOR ‘REAL MONEY’ OR ANY OTHER CONSIDERATION, AND DOING SO MAY LEAD TO THE TERMINATION OF THE LICENSE GRANTED HEREUNDER WITH IMMEDIATE EFFECT, AND MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY.
IMPORTANT NOTICE: The Company does not recognize or condone any outside service that may be used for the sale, gift or exchange or purported sale, gift or exchange of Virtual Items that you may accumulate as a result of accessing or using the Applications. This includes the exchange of any Virtual Items on third party services including eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and will not support, such transactions.
(f) IN THE EVENT THAT THE COMPANY CEASES TO OFFER THE APPLICATIONS FOR ANY REASON, IS ACQUIRED BY A THIRD PARTY OR FILES A NOTICE OF BANKRUPTCY WITH ANY COURT, YOU SHALL NOT BE ENTITLED TO ANY REFUND OR CREDIT, IN ‘REAL MONEY’ OR OTHERWISE, IN RESPECT OF VIRTUAL ITEMS ACQUIRED BY YOU, WHETHER OR NOT SUCH VIRTUAL ITEMS HAVE BEEN USED BY YOU IN THE APPLICATIONS.
(g) Certain of our Applications may allow or invite you to participate in an option whereby you elect to exchange Virtual Items in return for another Virtual Item selected at random, from a class of Virtual Items. By way of example, you may elect, in certain Applications, to exchange a Virtual Item for a randomly selected in-game character, token or other benefit. Please note that the probability of obtaining one in-game character or token or other benefit may be different from the probability of obtaining another. You acknowledge that (i) you may choose not to participate in such option, (ii) if you do choose to participate, the in-game benefit you obtain will be selected at random; and (iii) the value of the Virtual Item exchanged in order to participate in the option may be the same regardless of the in-game value of the in-game character (or benefit) obtained via such participation.
3.ACCOUNT, FEES AND REFUNDS
You may currently access the Applications without establishing a user account (“Account”). We may, however, in the future require Application users to register and establish an Account. You must pay the applicable fee for each Application and any available Virtual Items. Where applicable and subject to the applicable payment terms and conditions, you can order Virtual Items by visiting the purchase page in the Application, provide your credit card, PayPal or other applicable billing method information.
In addition to the foregoing, you hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, arising out of your access and use of the Applications.
Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable fees and other charges by major credit card or such other methods expressly authorized in writing by the Company and its partners.
Any dispute arising between you and any third party payment provider (including a credit card company) shall be resolved directly between you and such third party provider. Under no circumstances shall Company be liable for any obligations incurred by you to such third party provider in connection with your access and use of the Applications. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such dispute.
You have the right to cease accessing and using any Application at any time. You understand and agree that unless otherwise expressly provided for in this TOS, the cessation of access and use of the Applications is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this TOS or the Company’s enforcement or application of this TOS, (ii) the Company Materials and other content available through the Applications, (iii) your ability to access and/or use the Applications and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Without limiting any other remedies, we may limit, suspend, terminate, modify or delete your access to the Applications (or any portion thereof) at any time if you are, or we reasonably suspect that you are, failing to comply with any of this TOS, the Privacy Policy or Additional Terms with or without notice to you. If the Company terminates your access to the Applications, you may lose your user ID as well as any benefits, privileges, Virtual Items and User Content associated with the subject Application, and we are under no obligation to compensate you for any such losses or results.
Moreover, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the subject Applications (including all Virtual Items). Under no circumstances shall Company be responsible for storing any User Content and other information following suspension, termination, modification or deletion of your access to the Applications.
We reserve the right to stop offering and/or supporting an Application at any time for valid commercial reasons, at which time your license to access and use the specific Application will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you.
ALL FEES AND CHARGES YOU INCURRED IN PURCHASING VIRTUAL ITEMS ARE NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN WE STOP OFFERING AND/OR SUPPORTING ANY APPLICATION AVAILABLE TO YOU.
4.USER CONTENT
The Company does not solicit submissions, creative materials, ideas or suggestions other than those the Company may specifically request. Any communications or materials you transmit to the Company by e-mail or otherwise, including, without limitation, data, questions, feedback, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary except as otherwise described in the Privacy Policy. As part of an Application, the Company may invite you to participate in blogs, message boards, contests, sweepstakes, forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or to or via an Application, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Company Materials not created by you, “User Content”). You agree that your User Content is wholly original and has been created by you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these TOS without the Company incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You hereby grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Company, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. Subject to the Privacy Policy, you grant the Company the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content. Except as prohibited by applicable law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
The Company has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent) ). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.
You acknowledge and agree that your communications with other users via any channel of communication in an Application are public and not private, and, subject to the terms of the Privacy Policy, that you have no expectation of privacy concerning your access and use of an Application. Subject to the terms of the Privacy Policy you acknowledge that personal information that you communicate in your public communications via an Application may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications in an Application. Subject to the terms of the Privacy Policy You are solely responsible for any public communications that you make via an Application and their legality under all applicable laws and regulations. Company is not responsible for information that you choose to communicate to other users in an Application, or for the actions of other users. For further information regarding Company’s use of information collected in connection with the Applications, please refer to the Privacy Policy.
5.ONLINE CONDUCT
You agree that you will be personally responsible for your access and use of the Applications and for all of your User Content and online activity in connection with the Applications, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. Specifically, you agree to comply with these TOS, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
(a) Post, transmit, promote, or distribute illegal content.
(b) Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or Company or affiliate’s employee or agent.
(c) Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
(d) Infringe upon the intellectual property rights or rights of confidential information of Company or any third party.
(e) Alter, delete or cancel any user profile information or User Content.
(f) Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS in an attempt to disturb other users, “spamming” or flooding or posting repetitive text.
(g) Impersonate another person, indicate that you are a Company or affiliate employee or agent, or attempt to mislead users by indicating that you represent Company or any of Company’s licensors or affiliates.
(h) Attempt to get a user ID, password, or other user information, or any other private information from a user. Company employees will NEVER ask for your password. DO NOT give your password, secret answers, or billing information out to anyone.
(i) Upload any content that you do not own or have the right to freely distribute.
(j) Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.
(k) Upload files or display URLs that contain a virus or corrupted data.
(l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes.
(m) Make any commercial use of the Applications, including, without limitation by permitting any third party to use the Applications in a computer arcade, gaming center or similar, without the express written consent of Company.
(n) Improperly use in game support or complaint buttons or make false reports to Company.
(o) Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
(p) Modify, reproduce, distribute, delete or create derivative works of the Applications, Company Materials or any User Content displayed therein, or any component thereof.
(q) Attempt (or authorize, encourage or support others’ attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Applications or any component thereto except to the extent permitted by applicable law.
(r) Solicit or attempt to solicit, and post or communicate any user’s personal information without such user’s consent or outside the scope of the particular Application.
(s) Interfere with, hack into or decipher any transmissions to or from the servers running the Applications.
(t) Exploit any bug in any Application or in any Company product to gain unfair advantage in a game or exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party.
(u) Attempt to play any game on or through any service that is not controlled or authorized by Company. You will not participate in any online service that provides online features or game play for a game that is not authorized by Company.
(v) Do anything that interferes with the ability of other users to enjoy playing a game and using the Applications or that materially increases the expense or difficulty of Company in maintaining the Applications for the enjoyment of all its users.
(w) Modify or remove any copyright, patent, confidentiality, and/or other notices, labels or legends in the Applications.
(x) Host, provide or develop matchmaking services for a game or intercept, imitate or redirect the internet protocols used by Company or its licensors in any way, including, without limitation, by modifying or adding components to a game, or by using any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet whether utilizing commercial or non-commercial gaming networks.
(y) Attempt to gain and maintain any unauthorized connections to an Application. All connections to a game and/or the Applications may only be made through methods and means expressly approved by Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to a game’s proprietary interface or interfaces other than those expressly provided by Company for public use.
(z) Interfere or attempt to interfere with the proper functioning of the Applications or connect to or use the Applications in any way not expressly permitted by these TOS.
(aa) Use the Applications in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.
If you encounter another user who is violating any of the items described in the Online Conduct list above, please contact us either:
6.MODIFICATIONS
(a) Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page and/or at
the following URL: [ https://mobile.gungho.jp/reg/rules/eng.html ] . Such modifications or supplements shall be effective immediately upon posting in the Applications. You are responsible for periodically checking the Applications for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you must cease using the Applications. Your continued access and use of any Application constitutes your agreement to be bound by the modified TOS.
(b) Changes. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Applications, whether temporarily or permanently, in whole or in part for valid commercial reasons and/or as required by applicable law. Any such Change shall be effective immediately upon notice by posting on the Applications or these TOS, or by any other method of notice the Company deems appropriate, acting reasonably. Any access or use of the Applications after such notice of Change, constitutes acceptance by you of such Change. Temporary interruptions in the availability of the Applications may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Applications, and termination of any license. Despite taking all reasonable measures, the Applications may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Applications are made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.
(c) Applications. The Company and/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. The Company has no obligation to make available to you any subsequent versions of the Applications. You may have to enter into a renewed version of these TOS, in the event you want to download, install or use a new version of the Applications.
7.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATIONS AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATIONS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.
8.LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATIONS.TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU, IN RESPECT OF ANY ACT OR FAILURE TO ACT IN RELATION TO AN APPLICATION, EXCEED THE HIGHER OF US$50 OR THE AMOUNT PAID BY YOU TO THE COMPANY IN CONNECTION WITH YOUR USE OF SUCH APPLICATION. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR ACCESS AND USE OF ANY APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ANY APPLICATIONAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9.LINKS WITH OTHER SITES
For the convenience of our users, an Application may provide certain links to websites provided by third parties. The Company is not responsible for the content of any other website linked to or from an Application. If you link to another website via an Application, you will leave the Application and you will do so entirely at your own risk. The Company provides links from an Application to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website.
THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF SUCH LINKED WEBSITE.
10.INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, from third parties arising from: (a) your breach of these TOS, the Privacy Policy, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Applications in breach of these TOS, the Privacy Policy, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party, (d) use of the Applications in breach of these TOS, the Privacy Policy, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein or (e) any interaction you may have with other users of the Applications, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company as may be required by the Company in respect of such matter. The obligations set forth herein shall survive termination of these TOS.
11.GOVERNING LAW AND JURISDICTION
The Applications are made accessible, operated and controlled from GungHo Online Entertainment, Inc. in Japan. They can be accessed from various countries of the world. The laws of Japan, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Applications and your access and use thereof. By accessing and using the Applications, you submit and consent to the exclusive jurisdiction of the Tokyo District Court with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these TOS, the Privacy Policy, Additional Terms and/or your use of any Application.
12.INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
13.VOID WHERE PROHIBITED
The information provided through the Applications are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Applications is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions.
14.COMPLAINTS, NOTICE AND CONTACT INFORMATION
The Company takes claims of infringement of intellectual property rights and violation of rights including rights of privacy or publicity very seriously. If you believe that any of the material that is or was in any Application infringes or has infringed any rights, including copyrights or trade marks, owned by you, or by an owner for which you are authorized to act, please contact us either:
15.PRIVACY POLICY
The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy which can be found at the following URL:
https://mobile.gungho.jp/reg/rules/eng.html sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Applications.
16.NOTICE
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Applications or these TOS, or such other method of notice the Company deems appropriate acting reasonably. Where Company decides to give such notice, any access or use of any Applications after delivery of such notice constitutes acceptance by you of the noticed action.
17. RESTRICTIONS
The Applications may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Applications as well as any applicable end-user, end-use and destination restrictions issued by national governments. By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.
18. MISCELLANEOUS
If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. The TOS, the Privacy Policy and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into this Agreement it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of party to assert any right under these TOS shall not be considered a waiver of that party’s right which will remain in full force and effect. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not allowed to assign the TOS or any rights hereunder. The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.
* * *
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Applications, please contact us either:
Please note that email communications are not always secure so please do not include sensitive information in your emails to us.
Privacy Policy
GungHo Online Entertainment, Inc. (“Company,” “we”, “us” or “our”) maintains this Privacy Policy (“Privacy Policy”) that summarizes our policies and processes on how we collect, use disclose, transfer and store your personal information. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.
The Privacy Policy applies only to the collection, use and storage of personal information that you may decide to provide to us in your use of: (1) our website(s) (our “Sites”), (2) our applications for mobile platforms or devices and our web applications accessible on social networking services (“SNS”) (collectively, our mobile and web applications are referred to herein as, the “Applications”), (3) our game publisher networks, crowd sourcing service and platforms (collectively, “Networks”) provided in connection with Applications and third-party applications utilizing our Services (“Third Party Mobile Applications”) and (4) chat rooms, blogs, web forums, messaging boards or other public forums in Applications and our Sites (collectively, our “Forums”). The Applications, Networks, Sites and Forums are referred to herein collectively, as the “Services”.
By accepting our Privacy Policy and the applicable Terms of Service during Service account registration or by otherwise accessing or using our Service(s) you are agreeing to the terms and conditions of this Privacy Policy (including our collection, storage, use and disclosure of your personal information) and that your access or use of the Service(s) is also subject to the applicable Terms of Service.
Collecting Personal Information
Our primary goal in collecting the information described below is to provide you, the user, with a customized experience on our Service and to deliver better service, products, and more relevant content to our customers, prospective customers, and visitors.
1. Personal Information We Collect
Personal information may be collected from you during your use of the Service, including, during (a) the registration process, (b) promotional campaigns, (c) customer support and technical service requests, and/or (d) ordering and use of products and other services, or from and through third party service providers and partners.
Information Collected Directly From You
Registration Information. When you communicate directly with us, either through an Application, at our Site, a Network or Forum, you are authorizing us to collect, store and use/share information collected from you in accordance with this Privacy Policy. Such information may include: (i) your age or date of birth; (ii) your first and last name; (iii) your valid e-mail address; (iv) password and other information necessary to ensure security of your account; and (v) such other information you choose to provide to us such as billing information, profile photo, photo representation (avatar), character name, interests and hobbies, game play preferences, and links to profiles on various SNS.
From time to time we may expand or change the information requested upon registration or log-in, so this may not be a complete list. We ask that you provide only your own personal information, not personal information concerning anyone else.
Information Through Mobile Devices. When you use an Application or Third Party Mobile Application on your mobile telephone or other mobile devices (“Mobile Device”), in addition to such information described above, you are authorizing us to collect, store and use/share the following information (as applicable): (i) Mobile Device type including unique device IDs or other device identifiers; (ii) operating system version; (iii) mobile carrier; (iv) Internet Protocol address and network Media Access Control (MAC) address; (v) geographic location/country; (vi) time zone and language setting; (vii) platform version; (viii) navigation, interaction and engagement information regarding our users and; (ix) such other information you choose to provide to us. In addition, we receive and store information you provide when you sign up to have Short Message Service (“SMS”) notifications set directly to your Mobile Device.
Payment and Billing Information. If you purchase any in-Service items, our third party partners will collect the payment and billing information necessary to complete the transaction. Such information may include: (i) your first and last name; (ii) your valid e-mail address; (iii) credit card, PayPal and other third party payment processor information; (iv) billing address; and (v) such other information you choose to provide. Our third party partner may also receive the foregoing information that you provide when you purchase Applications and Third Party Mobile Applications through your Mobile Device.
Customer Service and Support. When you send email or other communications to us in connection with customer service and support, we will collect and store your contact information, information about your use of the Service, your user ID and such other information you provide to us in order to process your inquiries, respond to your requests and improve our Service. We will also store the correspondence and any information contained therein.
Profile Information. We provide areas on our Service where you can post information about yourself and others and communicate with others or upload content such as photographs. Such postings are governed by the applicable Terms of Service. In addition, such postings may appear on other websites or services, or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable areas, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
Information Received from SNS and APIs
When you use an Application at an SNS, you allow us to access certain information from your profile through such SNS and the applicable SNS platform Application Programming Interface (“API”). The information we receive varies by the Application and by the privacy settings you choose for the SNS and may include any or all of the following information, as allowed by you, the SNS and your privacy preferences: (i) your first and last name; (ii) your profile picture or its URL; (iii) your user ID number; which is linked to publicly available information such as name and profile photo; (iv) the user ID numbers for your friends that are also connected to our Application(s); (v) login e-mail you provided to the SNS when you registered; (vi) your physical location and that of your access device(s) and (vii) your gender.
By using our Application(s) through an SNS, you are authorizing us to collect, store and use/share any and all information you agreed the SNS could disclose to us through the API in accordance with this Privacy Policy. Your agreement is evidenced when you “accept” or “allow” (or comparable terms) one of our Applications on an SNS.
2. How We Collect Personal Information
Automated Information Collection Technologies
As described below, when you access our Services, we collect certain technical information and may associate such information with your user or account ID number for our internal use.
Cookies
A “cookie” is a small text file that is sent to your browser from a web server and stored on your computer’s hard drive. We may use cookies to track general, non-personal information about our users (e.g., user name, pages viewed, time spent on our Site(s), games, and the sites visited just before and just after our Site(s)) for statistical and market research purposes.
We use cookies to gather information about our users’ browser activities in order to constantly improve our Service. This information assists us to design and arrange our web pages in a most user-friendly manner and to continually improve our Service to better meet the needs of our customers, prospective customers, and visitors.
We may also use local shared objects also known as “flash cookies”, which help us to prevent fraud, remember your in-game settings and to track your progress on certain in-game tasks.
You have choices with respect to cookies. By modifying your browser preferences, you have the option to reject all cookies, or limit the type of cookies you allow. Flash cookies operate differently from browser cookies and cookie management tools available in a web browser will not remove flash cookies. To learn more about and manage flash cookies you can visit www.adobe.com. Rejecting or limiting the type of cookies may, however, in limited instances prevent you from accessing certain features on our Service.
Log Files
Like most Internet services, we may also use log files on the server side. The data held in log files includes your computer’s or Mobile Device’s IP (Internet Protocol) address, browser type, browser language, e-mail application, Internet service provider, referring/exit Web pages, computer platform type, date/time stamp, and user activity. Company uses server log data to analyze trends, administer the services offered through our Service. We and our third party partners may use this information for product and service improvements, and in marketing and advertising services.
The software enabling our Services has associated log and temporary files that are stored on Company’s servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on our Service. Your information may also exist within regularly performed server backups.
Tracking Technologies
Our Services may utilize a variety of methods for tracking purposes, including web beacons (also known as Internet tags, pixel tags and clear GIFs). Web beacons are small pieces of data that are embedded in images on the pages of websites to analyze the traffic patterns, such as the frequency users visit various areas of our Services. Pixel tags may allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. These methods may involve transmitting information either directly to us or to another entity authorized by us to collect information on our behalf. We also use these technical methods in HTML e-mails that we send our guests to determine whether our guests have opened those e-mails or clicked on links in those e-mails. With web beacon technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address.
Third Party Advertisers
Many advertisements are managed and placed on the Service by third parties. These third party advertisers may use cookies, web beacons or similar automated information collection technologies on your computer or Mobile Devices to help present, better target, and measure the effectiveness of their advertisements, by collecting non-personally identifiable information when you click on or move your cursor over one of their advertisements. We may share certain non-personally identifiable information about you as a user with certain third party advertisers to help them deliver more relevant advertisements through their ad networks. In some cases, we may have access to information from cookies, web beacons and similar automated information collection technologies used by third party advertisers on our Services and this information may permit us to identify other sites or services that you have visited that are also associated with the third party advertiser.
The use of cookies, web beacons, or similar automated information collection technologies by third party advertisers is subject to their own privacy policies. Finally, once you have clicked on an advertisement and have left the Service, our Privacy Policy no longer applies and you must read the privacy policy of the applicable third party advertiser to see how your personal information will be collected, stored and used as part of their service.
Click Through URLs
Some of our Services, including email messages, use “click-through URLs” linked to other content on our Services. We track this click-through data to help us determine interest in topics and use of the Services.
Monitoring/Public Information
You may also choose to disclose personal information in our Forums. Personal information you disclose in such Forums is public information, and there is no expectation of privacy or confidentiality. Please refer to the Terms of Service for additional information relating to the disclosure of personal information in such Forums.
Other Sources
We may collect or receive information from other sources including other users of the Service and third party information providers and partners. For example, we receive and store the information you provide when you enter any promotion, sweepstakes or loyalty program. Such information may be used to supplement your account information and/or profile and may be combined with other information we collect from you.
Use, Disclosure and Transfer
Unless otherwise described elsewhere in this Privacy Policy, we will not use or disclose any personal information collected from you. Your personal information may be used alone or in the aggregate with information collected from other users.
Use by Company
We use the information you provide so that we may better understand your needs and the needs of our customers, prospective customers, and visitors. Specifically, we use your personal information for many purposes, including:
(a) to allow you to register for and use our Services;
(b) to audit and analyze data to improve and ensure the continued smooth operation of our Service;
(c) for market research purposes, including, without limitation, to analyze user characteristics and usage patterns in order to better understand how our Services are used and market them more effectively;
(d) to communicate with you concerning your account or to send you announcements, newsletters, promotional materials and other information about our Services or offerings of our business partners, and to offer you opportunities to participate in surveys, contests and sweepstakes;*
(e) to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving our Service;
(f) to respond to inquiries, troubleshoot problems, investigate incidents, and handle complaints;
(g) to provide, maintain, protect and improve our Services, including keeping you posted on our latest Service announcements, software updates and upcoming events, and develop new services;
(h) to protect our rights or property or that of our users;
(i) to satisfy any applicable law, regulation, legal process or enforceable government request;
(j) to send notices, such as communications about your purchases and changes to our Terms of Service, this Privacy Policy and other Service-specific policies, and to enforce applicable terms and conditions set forth in such policies;
(k) to enable user-to-user communications; and
(l) to protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
Storage of Data – Cross Border Transfers
Your acknowledge that we are an international organization and your personal information may be stored and processed in any country where we or our third party service providers have facilities which may be a destination outside of your country of residence and may provide for different data protection rules than in your country. By using our Service you consent to this processing of your Personal Information.
If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or follow the process described in the “Opt-Out Provision” section below.
Disclosure and Transfer to Third Parties
We generally do not disclose or transfer any personal information about our customers, prospects, or visitors to any third parties. We may however, disclose and transfer data which does not contain or reveal any personally identifiable information or is specifically attributable to you to our business partners, third party analytics service providers, and networks and advertisers (collectively, “Partners”). Provided, however, some Partners may also act as third party service providers (described below) to us and may have access to your personally identifiable information. Moreover, Partners may obtain public information about you from your profile or other public sources.
We may also periodically engage in co-marketing activities, where we work with a complementary solution provider to launch a joint marketing program. In these situations, we will only send information to you on behalf of the other; we do not provide your personally identifiable information to such partner. We may also enter into business partnerships with other parties to provide specific services. If a user signs up for these services or responds to a particular marketing offer, we may share personally identifiable information such as your name or other contact information that is necessary for our business partner to provide these services or get in contact with you.
We may provide your personally identifiable information to our “Affiliates” (which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership located in the European Economic Area (the “EEA”), Japan or anywhere else in the world) for the purpose of transferring and processing such information based on our instructions and such purposes as described in this Privacy Policy and in compliance with this Privacy Policy and other appropriate confidentiality and security measures. By submitting your personal data to us, you agree to this processing of your information.
Disclosure of your personally identifiable information may occur when we engage or employ service providers, vendors or other third parties to facilitate the provision of our Services (including, without limitation, payment processing, data analysis, e-mail delivery, hosting services, customer service and promotional services) to provide the Services on our behalf, or to assist us in analyzing how our Services are being used. Such third party service providers may have access to your personally identifiable information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
In the event Company combines with another company in the future through a corporate merger, sale, acquisition, liquidation or other similar process, your personally identifiable information may be transferred with the business or a part of it, or may be sold as an asset of the business, to the successor organization in such transaction. If material changes to the Company’s privacy practices will occur as a result of such transaction, we will notify you and other users in the manner described in this Privacy Policy.
In addition, upon the expiration or a termination of any third party license arrangements involving one or more parts of the Service, your personal information (including name, email address and other personally identifiable information) may be transferred to the subject third party licensor in accordance with the terms of the applicable license agreement. In advance of such transfer to a third party licensor, the Company will notify you and other users in writing in the manner described in this Privacy Policy.
Safety, Security and Legally Required Disclosures
Your personally identifiable information, and communications you make within the Service, may be accessed and disclosed if we believe that our Service is being used in the commission of a crime, when we believe in good faith that there is an emergency that poses a threat to the safety of you or another person and when necessary either to protect our rights or property including to enforce our Terms of Service, or for us to render the service you have requested.
We may also disclose personally identifiable information when required by law, regulation, court order, or in response to an injunction or litigation disclosure request, or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on us. In addition, we will make any legally required disclosures to government authorities and provide notice to you of any breach of security, confidentiality or unauthorized release of personal or private data in accordance with applicable laws, rules and regulations.
Storage and Security
We employ reasonable organizational, technical and administrative measures (both online and offline) to protect the security of information we collect from you. Such information is housed in secure databases, equipment and servers located in the EEA, Japan and/or in other countries. The databases, equipment and servers we utilize may be owned by third party providers. To prevent unauthorized access, loss, or misuse, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we maintain. We use industry-standard technology, such as firewalls, in an effort to protect the confidentiality of your personal information. Moreover, in addition to password protection offered in connection with your Service account, we encrypt your transmission of sensitive information to us (e.g., account passwords and payment-related identifiable information) via SSL (secured socket layer) protocol in the interest of heightened privacy protection and information integrity.
Although we take reasonable precautions against possible security breaches of our Service, databases, equipment or servers, and records, we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches and factors beyond our control will never take place and result in disclosure of your personal information. Accordingly, we disclaim any guarantees, warranties or representations relating to maintenance or nondisclosure of any personal information collected from you. We strongly urge you to take reasonable measures at all times (online and offline) to protect your personal information, including your password and other sensitive information. You should keep your password confidential and should not share your password with anyone.
In addition, while we strive to protect your personal information, you should know that information sent over the Internet, whether by e-mail or by using one of our on-line forms, is not necessarily secure against interception. Therefore, we cannot be responsible for such interception and cannot guarantee the security of such information.
We will investigate, attempt to resolve and take all reasonable steps necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.
Additional Privacy Policy Terms
When we first collect information from you, we will offer you the opportunity to either opt-in or opt-out of receiving email marketing messages from us and selected third parties.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by post or telephone or electronic means only if you have consented to this. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those that were the subject of a previous sale to you.
If, at any time, you wish to stop receiving email marketing messages from us and selected third parties, please contact us either:
Review, Update, Correct, or Delete Personal Information
Generally, you may review, update, correct or delete your personal information collected by or through our Service by logging into your account. You may also correct factual inaccuracies. Certain types of personal information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the new information. Note that we reserve the right to terminate or delete any registration or promotional entry if we believe the personal information submitted was knowingly false or fraudulent.
To request the deletion of your personal information, you may contact us either:
We will use commercially reasonable efforts to comply with your request.
To have access to your personal information, you must provide proof of identification such as full name, street address, city and postcode, user ID and password, and/or information about your recent activity on our Service. We reserve the right to deny access to any user if we believe there is a question about your identity. And if the burden or expense of providing access to your personal information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. Moreover, we may still retain an archived copy of your information in our files as required by law or for legitimate business purposes, including, resolving disputes, enforcing the Terms of Service, and for other technical and legal requirements and constraints related to our Service.
To manage the information we receive about you from the SNS where you play our games, you will need to follow the instructions at that SNS for updating your information and changing your privacy settings.
Notification of Changes
We reserve the right to update and change the terms of this Privacy Policy at any time. If we decide to update and materially change the terms of our Privacy Policy, we will post those changes in our Services and/or on the applicable Sites, and in the updated Privacy Policy. You should periodically check this Privacy Policy for updates.
By continuing to access or use the Services after we have posted an updated Privacy Policy or have provided you with notice of a modification, you are agreeing to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, you should cease using the Services.
Links to Third Party Websites, Services and Offers.
Our Service may contain links to other websites, services and/or offers from third parties. We are not responsible for, nor will we be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information you voluntarily chose to provide to them. You should review the applicable privacy policies and information practices of such third parties carefully before providing personal information to them. Moreover, if you have any questions or concerns, you should contact the third party directly.
Protection of Children’s Privacy
Company is committed to providing special protection for the privacy of children who may use our Service. The Service is not intended for nor directed to children under the age of 13 and we do not knowingly collect, use or retain personally identifiable information from such children. If we discover that we have inadvertently collected personal information from children, we will take all reasonable measures to delete any records of such personal information that come to our attention.
Special Note to Parents
If you become aware that your child has provided us with personal information via our Service, we invite you to notify us so that we may delete the information from our records and discontinue any related features or services (see Opt-Out Provision above). We also urge parents to instruct their children never to give out their real names, addresses or phone numbers without parental permission when using the Internet. We appreciate your cooperation in assisting us to provide a safe and enjoyable online experience for your children.
Sensitive Information
We ask that you do not send or otherwise disclose to us any sensitive personal information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Service or otherwise.
Retention Period
We will retain your personal information only for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
Access to your Information
You may have a right under applicable law to access your personal information held by the Company and/or its Affiliates. Your right of access to such personal information can be exercised in accordance with applicable laws, rules and regulations. Please submit any requests for such access either:
We will try to comply with any request as soon as reasonably practicable.
Language
The controlling language of this Privacy Policy is English. If you have received a translation into any other language, it has been provided for your convenience only. The English version of this Privacy Policy shall govern to the extent of any inconsistency between the English version and any translated version.
Contact Us
If you have any questions, inquiries, requests, complaints, or comments regarding this Privacy Policy, or have other questions or suggestions about our information practices, please contact us either:
Please note that email communications are not always secure so please do not include sensitive information in your emails to us.