Article 1 (Application of Terms)
- These Terms of Service (hereinafter referred to as “Terms”) shall apply between Appirits Inc. (hereinafter referred to as “Company”) and users of ‘Tower of Goetia’ services (hereinafter referred to as “Service”), operated and provided on the official website (http://tog-en.aprts-games.com/) (hereinafter referred to as “Website”).
- Users shall have to agree to the Terms before using the Service.
- If minors wish to use the Service, consent from his/her legal representative (parent, etc.) must be obtained. If a minor has agreed to the Terms, it shall be considered as the consent of the legal representative.
Article 2 (Definition)
- Expressions in the Terms shall be defined as follows:
- “Service”: the online game ‘Tower of Goetia’ operated and provided by the Company.
- “User”: a person who has acquired membership and a User ID for the Service by agreeing to the Terms and by following and completing the registration steps specified by the Company.
- “User Information”: information that is required when a person acquires membership for the Service, and furthermore, information that is registered by a user to the Service.
- “Player Data”: data of a User stored on the game server of the Service, or information sent and received through the Service, and furthermore, information related to “Points” set forth in Article 5.
Article 3 (Registration)
- Use of the Service is only available for Users who have properly completed all registration steps specified by the Company and agreed to the Terms.
- The Service consists of both free and paid services. For paid services, once a payment has been made, there shall be no refund under any circumstances, therefore, the applicant must confirm strictly before registration.
- In addition to the fees of the Service, Users shall bear all other fees required for use of the Service, such as fees for hardware, software, network tools, electricity, internet access, etc.
- The Company may suspend use of the Service and revoke membership, without prior notice or the consent, of any User who has violated or potentially violates the Terms.
Article 4 (Player Data)
- A User is allowed to create only one Player Data on each game server provided by the Company.
- A User is not allowed to create and manage multiple User IDs and Player Data within the same game server. Furthermore, if the Company deems a User to have committed this breach, it will have the right to terminate the membership and delete all Player Data of that User without prior notice or consent.
- If a User breaches Article 6, Section 1 of the Terms, the Company will have the right to delete Player Data of the User without prior notice or consent.
- The Company has the right to delete Player Data of Users who have lost their membership under any circumstances.
- The Company has the right to delete Player Data of any User who has not logged into the Service for a default period of time without prior notice or consent. Furthermore, the User has consented to the deletion of Player Data in advance.
- The Company shall not approve of Player Data transfer for whatsoever reason.
- Users are forbidden, under any circumstances, from transferring, offering, lending or selling part or all of their Player Data to a third party.
Article 5 (POINTS)
- “POINTS” refers to the point system managed on game servers available to Users of the Service.
- Users can purchase “POINTS” using the method of payment provided by the Company on the Website.
- Once the Company confirms the completion of purchase and payment, the amount of “POINTS” purchased will be transferred to the game server used at the time of purchase.
- Users must accept the potential lag between the time of purchase completion and the time of providing the “POINTS” due to the nature of the internet and server services.
- The expiration date of “POINTS” will be on the last day of the fifth month from the month of purchase.
- “POINTS” belonging to Users shall become null and void in the following cases:
- “POINTS” having exceeded the expiration date stated in the preceding section.
- Termination or partial termination of the Service for reasons set forth in Article 7 of the Terms. Furthermore, in such a case, “POINTS” shall become null and void regardless of the expiration date.
- Player Data deletion for the reasons stated in Article 4 of the Terms.
- Loss of membership due to any reason whatsoever.
- Users are forbidden, under any circumstances, from transferring, offering, lending or selling their “POINTS” to a third party.
- The Company shall not approve of refunds for "POINTS” as well as conversion to other forms of electronic currency provided by a third party under any circumstances.
- The Company shall not approve of refunds or transfer of Player Data for in-game currency, items, and effects acquired by expending “POINTS”.
- The Company shall not approve the transfer of “POINTS” held by a User on the game server to other Player Data under any circumstances.
- If a minor has purchased “POINTS”, it shall be considered as the consent of his/her legal representative.
- If the Company deems that a minor has purchased “POINTS” without the consent of his/her legal representative, the membership of the User ID used to make the purchase shall be terminated in accordance with the Terms.
- A User who is a minor can purchase up to a maximum of 10,000 yen worth of POINTS per month.
Article 6 (Prohibited Matters)
- When using the Service, Users are prohibited to engage in any of the following activities.
- Giving false information when submitting or editing User registration data.
- Transferring or giving a third party access to one’s User ID or password.
- Transferring one’s User status to a third party.
- Causing economical or mental damage to others.
- Discriminating, mentally abusing others, or violating others’ honor, privacy or trust (includes collection of personal data).
- Sending, posting or transmitting obscene or violent messages, images, videos, audio, etc.
- Violating public order and morals through threatening actions, stalking or causing discomfort to another, etc.
- Illegal impersonation towards the Company, an employee of the Company or a third party, as well as falsely stating affiliation or partnership details with the Company or a third party.
- Infringing on the Company’s or a third party’s intellectual property (patent rights, design rights, trademark rights, copyrights, etc.).
- Engaging in activities related to promotion, sales, advertisement etc. which are not approved by the Company.
- Using the Service for financial gain without prior written consent from the Company.
- Sending, posting or distributing unsolicited messages.
- Gaining unauthorized access into the Company’s servers.
- Using the Service through unauthorized usage of User ID or password of a third party.
- Sending, posting or distributing computer viruses etc. that cause damage to the Company’s or third party’s devices, such as servers, etc.
- Intentionally utilizing bugs or malfunctions in the Service or operating unauthorized external tools, etc.
- Analyzing, making additions to, editing, duplicating or engaging in secondary usage of the software or data (as a whole or partly) used by the Service.
- Not abiding by the usage conditions, operation procedure, etc. as determined by the Company.
- Causing disturbances or difficulties to the management of the Service.
- Obtaining several User ID’s or creating / managing several instances of Player Data within a single game server.
- Being an entity of organized crime or an entity which corresponds to organized crime (further referred to as ‘entities of organized crime, etc.’).
- Cooperating with, being part of, or being involved with entities of organized crime, etc.
- Anything else, such as manner breaches etc., which the Company has judged as inappropriate.
- Engaging in any other actions which the Company has announced on the Website as prohibited.
- Actions which correspond to any of aforementioned items, actions which may possibly correspond to any of aforementioned items, any attempts at actions corresponding to any of the aforementioned items, as well as any actions which the Company has judged as inappropriate.
- If a User’s actions which are in violation with the Terms of Service cause damage to the Company or to a third party, or in the event of this causing dispute with a third party, the concerned User will carry all legal responsibilities, and the Company will carry none, regardless of the User having lost his User entitlements.
Article 7 (Change or Termination of Service, etc.)
- The Company reserves the right to change, suspend or terminate operation or hosting of the Service (in whole or in part) without prior notice to Users or without acquiring Users' consent under any of the following circumstances.
- In case defects or malfunctions of equipment used for operating / hosting the Service require emergency repair or maintenance.
- In case the Company judges that it will be difficult to operate / host the Service due to war, riots, labor disputes, natural disasters, fire, electricity outages or other emergencies or occurrences of Force Majeure.
- In case of unavoidable operational or technical reasons.
- In any events other than described by the preceding sections, the Company shall be able to terminate the Service in whole or in part, at its own discretion, without obtaining Users’ consent.
- The Company shall assume no liability towards Users for any cases of changing, limiting, suspending, terminating the Service.
Article 8 (Exemption)
- The Company shall hold no responsibility for any damage or disputes arising between Users or between Users and third parties.
- If the Company judges that a User’s actions are in conflict with the purpose of the Service, the Company reserves the right to delete all data concerning said actions or all the Service’s User data of said User without notifying said User or gaining his consent. Also, the Company shall make no compensations for such deletion of data.
- Hosting the Service to its Users, the Company shall assume no liability for any damage suffered by Users apart from cases specified by law.
Article 9 (Disclaimer of Warranty)
- Users agree to use the Service at their own responsibility. They will assume full responsibility for any damage suffered by the use of the Service, and the Company shall hold no liability.
- The Company does not provide any guarantee concerning the following matters.
- That contents of the Service will be according to the User’s demands.
- That there won’t be any changes or disruptions to the Service, or that the Service won’t be suspended.
- That the Service won’t experience any technical or legal defects or errors.
- That the data obtained by Users from the Service is accurate and reliable.
- That the data sent and received through the Service will be saved on the User’s device or displayed on the screen, or that the data will be received by the intended receiver and displayed on this User’s screen.
- The Company does not offer any guarantees whatsoever that the User’s intended purpose of usage is in compliance with the Service, nor does it offer any guarantees regarding its validity, etc.
- The Service is hosted in its current state, and even if the Service’s actual behavior differs from descriptions on the Website, the Service’s explanation or help articles, etc., the Service’s actual behavior will receive priority. The Company will hold no liability whatsoever concerning situations where Users have suffered damage due to the Service’s actual behavior differing from explanations or help articles.
Article 10 (Compensation for Losses)
- If the Company suffers losses due to a User’s actions, or if there are any claims from other Users or third parties due to a User’s actions, the Company has the right to claim compensation from said User, and said User will have to pay the Company the requested sum.
- If the Company suffers losses due to a dispute between Users or between third parties, the concerned User has to compensate the Company for the suffered losses.
Article 11 (Attribution of Rights)
- All copyrights or other rights related to the Service are owned by the Company or authorized third parties.
- The Company has the right to use any ideas or suggestions related to the Service which were publicly made available by Users, without obtaining the User’s consent, freely and without providing compensation, in order to improve the Service.
Article 12 (Changes and Additions to Terms of Service)
- The Company reserves the right to make changes or additions to the Terms of Service (as a whole or partially) at its own discretion, without requiring consent from Users.
- Upon making changes or additions to the Terms of Service, the Company shall announce the changes to its Users on the Website, etc. After the Terms of Service have been changed or supplemented, Users using the Service are assumed to be in agreement to the change or addition in the Terms of Service. In case of any occurrence of loss due to a User not having confirmed these changes or additions, the Company will hold no responsibility of any kind.
Article 13 (Jurisdictional Court etc.)
- In case of a dispute between a User and the Company with regard to the Service, the concerned parties shall negotiate in good faith. If the negotiation between both parties does not yield any resolution, both parties shall agree to the exclusive jurisdiction of the Tokyo District Court (Japan).
- Users agree that lawsuits related to the Service must be commenced within one year from the date of occurrence of the cause of said lawsuit. Lawsuits commenced after this period of one year will not receive a case.
- In case any portion of the Terms of Service is made invalid by mandatory provision of law, the remainder of the Terms of Service will still remain in effect.
Enacted on Nov 30th, 2015.