■ TERMS OF SERVICE ■
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These Terms of Service are provided by UtoPlanet Inc. ("the Company") for your use of the software, network-based services, and any incidental services ("the Service") provided by "Puzzle Sky Galleon" ("the App"). Please agree to the following matters stipulated in these Terms.
Your agreement and acceptance of these Terms are a prerequisite for using the Service. Should you violate any part of these Terms, the Company may, without prior notice, refuse your future use of the Service. In this case, any expenses you have already incurred will not be refunded.
If you are a minor (under 20 years of age) or a person with limited capacity, you must obtain the consent of your legal representative (guardian, parent, etc.) before agreeing to these Terms.
Article 1 (These Terms)
1.All regulations and rules presented through this website and related websites regarding the Service shall constitute a part of these Terms.
2.In the event that the regulations and rules of the preceding paragraph differ from these Terms on the same matter, those regulations and rules shall take precedence.
3.The Company may change these Terms as necessary. Such changes shall become effective 24 hours after they are posted on this website. By your first use of the Service after this period, you are deemed to have agreed to the changes. Please check this website regularly based on your understanding of the above.
4.If you do not agree to the changes in the preceding paragraph, you must immediately stop using the Service. In this case, the Company will not refund any expenses you have already incurred, regardless of the name, such as the purchase price of the App or usage fees.
Article 2 (Internet Use)
1.Using the Service may require an online environment to connect with the Company's servers. Furthermore, you may be required to perform registration or authentication in a manner specified by the Company.
2.The User shall be responsible for all costs related to the preparation of communication equipment, communication environment settings, contracts with service providers, provider fees, telephone charges, communication fees, and any other expenses necessary for the online environment and connection.
3.Except as expressly stated in these Terms, the Company will not refund any costs incurred by the User for reasons such as the inability to use or connect to the online environment, or the inability to use the Service.
4.When connecting to the Company's servers, you may need to download an update program or data that is automatically sent by the Company to optimize and update your client. In this case, the User shall execute such updates and data downloads.
Article 3 (Initial Fees and Basic Charges)
1.The purchase (download) of this App will incur fees as separately indicated, and you are required to pay in accordance with the method determined by the telecommunications carrier, payment company, and the Company. If the App is indicated as free, no fees will be incurred.
2.In the event of a dispute between the User and the telecommunications carrier or payment company regarding the purchase of this App, the User shall resolve it at their own responsibility, and the Company shall bear no responsibility.
3.The purchase price of this App will not be refunded, exchanged, or returned for any reason, except as provided by law.
4.For other conditions and notes regarding the purchase of this App, please refer to the "Display based on the Act on Specified Commercial Transactions and the Payment Services Act."
5.After downloading the App, the usage fees for the Service are, in principle, free (expenses stated in Article 2, Paragraph 2 will be incurred). However, this does not apply to services that are individually defined as paid within the Service, as stipulated in the following articles.
Article 4 (Individual Paid Services)
1.The Company may provide separately paid services ("Individual Paid Services") within the Service.
2.In order to use Individual Paid Services, you may be required to follow the methods specified by the Company, as outlined below:
(1) Directly purchasing the Individual Paid Service.
(2) Purchasing points available within the Service ("Digital Content") through a method separately designated by the Company, and then using those points to purchase the Individual Paid Service.
3.The purchase of Individual Paid Services and Digital Content must be made in accordance with the methods determined by the telecommunications carrier, payment company, and the Company.
4.In the event of a dispute between the User and the telecommunications carrier or payment company regarding the purchase of Individual Paid Services or Digital Content, the User shall resolve it at their own responsibility, and the Company shall bear no responsibility.
5.The User cannot receive a refund, exchange, or return for Individual Paid Services or Digital Content that they have purchased for any reason, including the provision of the preceding paragraph, except as provided by law.
6.The Company may set a purchase limit for Individual Paid Services and Digital Content. In this case, you cannot purchase beyond that limit.
7.For other conditions and notes regarding the purchase of Individual Paid Services and Digital Content, please refer to the "Display based on the Act on Specified Commercial Transactions and the Payment Services Act."
8.Content displayed as Digital Content on the page titled "Display based on the Act on Specified Commercial Transactions and the Payment Services Act" will be handled as Digital Content based on the Payment Services Act. Other content purchased with said Digital Content will be considered as having been provided as goods/services upon acquisition, and will not fall under Digital Content.
9.For matters other than those described in this article, please refer to Article 5 for the purchase and handling of Digital Content.
Article 5 (Use and Restrictions of Digital Content)
1.(This article applies when Digital Content is handled in the Service)
2.The Company may set a limit on the amount of Digital Content the User can hold, and the User cannot purchase or hold Digital Content beyond that limit.
3.Using Individual Paid Services requires the use of Digital Content as specified within the Service. The Digital Content will be consumed at the time you agree to use the Individual Paid Service.
4.Unless otherwise expressly specified by the Company, Digital Content purchased by the User can only be used within the Service and cannot be used for other games, apps, or services.
5.Unless expressly designated by the Company, the User cannot transfer, lend, pledge, or provide as collateral the purchased Digital Content to a third party. The Company also prohibits the execution, offer, or solicitation of such acts.
6.If the User is permanently suspended from using the Service based on the provisions of Article 17, the Digital Content will become invalid along with the suspension.
Article 6 (Termination of Individual Paid Services)
1.The Company may, after providing 45 days' notice or announcement to the User, suspend or terminate the use of Individual Paid Services and any related Digital Content. Furthermore, if the Service is terminated, Individual Paid Services will naturally be terminated as well.
Article 7 (Information Registration)
1.If requested by the Company to connect to our servers, the User shall provide and register information (including personal information such as an email address) in a manner separately specified by the Company.
2.In the case of the preceding paragraph, the User shall register accurate and formal information.
3.If there is a change in the information provided or registered by the User, you must promptly notify the Company in a manner separately specified by the Company.
4.The Company may, for the purpose of achieving the utilization purposes listed in the next paragraph, entrust the information provided by the User to a third party designated by the Company, with the obligation to appropriately manage personal information.
5.The Company will only use the information provided by the User within the scope defined in the following paragraphs or within the scope of the purpose of use explicitly stated in advance when providing/registering the information.
(1) Provision of the Service and its incidental services, related information announcements (including advertisements from the Company or third parties, email newsletters, etc.), sending of gifts, and business operations for handling issues and surveys.
(2) Investigation and response operations conducted to secure the Company's rights.
6.The Company will not disclose or provide the information provided by the User to a third party without the User's prior consent, except as expressly stated in these Terms or in the following cases:
(1) When disclosure is required by law.
(2) When there is a request for disclosure from a legally authorized person.
(3) When disclosure is unavoidable to protect or restore the rights of the Company or a third party from urgent or illegal infringement.
(4) When disclosure is deemed necessary to a contractor for business purposes.
(5) When provided to a transferee in conjunction with the transfer of the business related to the Service to a third party through business succession or other methods.
7.In addition to the preceding paragraphs, the information provided by the User will be handled in accordance with the Company's privacy policy.
Article 8 (ID, Password, etc.)
1.If an ID, password, etc. ("ID, etc.") is issued to the User in relation to the Service, you must keep them safe and not allow a third party to use them. You will also bear all responsibility for their use and management.
2.The Company will bear no responsibility for any damage suffered by the User as a result of their ID, etc., being used by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.
3.The use of the Service and its results made through the ID, etc., managed by the User shall be the responsibility of the User.
Article 9 (Prohibition of Cheating and Fraudulent Acts)
1.In using the Service, please do not perform any of the following acts ("Cheating"):
(1) Altering or fraudulently creating characters, items, or other data of the Service.
(2) Performing acts other than those intended or permitted as methods of using the Service.
(3) Using automatic operation tools (macros) and other unauthorized programs, macros, or tools to use the Service.
(4) Performing any other analysis, alteration, modification, or reverse engineering of the Service.
(5) Intentionally changing the content, progress, or structure of the Service in any way, such as by changing the original behavior or story of the Service.
2.Regardless of whether you are currently using the Service or not, do not use, distribute (including making transmittable), or encourage other Users or third parties to use programs or data that enable cheating.
3.Do not illegally access the facilities of others or the facilities for the Service (meaning communication facilities, communication lines, computers, and other equipment and software prepared by the Company to provide the Service, hereinafter the same), or interfere with their use or operation.
4.Do not use any bugs or other defects in the Service for the purpose of gaining an unfair advantage in the game.
5.Do not intentionally change, reverse engineer, decipher, translate, or use any data or messages from the Company's servers for any other purpose.
6.If you discover a bug or other defect in the Service, do not notify or disclose it to other Users in any way other than the method specified by the Company.
Article 10 (General Prohibitions)
1.In using the Service, please do not perform any of the following acts:
(1) Acts that violate laws and regulations (including but not limited to laws, treaties, government ordinances, and ordinances, and other norms that publicly bind the User), or acts that may violate them, or acts that solicit or promote illegal acts.
(2) Acts that infringe on the rights of other Users or third parties (including but not limited to rights of honor, privacy rights, copyrights, etc.).
(3) Acts that are contrary to public order and morals, such as obscene expressions, discriminatory expressions, violent/threatening expressions, grotesque expressions, and other inappropriate expressions.
(4) Commercial acts (including but not limited to solicitation), fundraising activities, pre-election campaign activities or other political activities, missionary activities, or other religious activities.
(5) Acts that induce meetings for the purpose of sexual intercourse and obscene acts.
(6) Soliciting pyramid schemes, sending chain emails, or otherwise soliciting Users to participate in similar acts.
(7) Defamation, threats, or other words, actions, or acts that cause anxiety or discomfort to other Users.
(8) Impersonating the Company, its affiliated companies, contractors' employees, customer support personnel, or other related parties.
(9) Transmitting computer viruses, transmitting excessive amounts of data, or other acts that unduly burden the Service's facilities, and acts that interfere with the use of other Users.
(10) Performing false or misleading declarations or notifications to the Company.
(11) Other acts that interfere with or may interfere with the operation of the Service.
(12) Acts of slandering or defaming the Service or other services provided by the Company.
(13) Acts of selling or reselling all data that constitutes the Service without the Company's permission.
(14) Acts of making items acquired in the game through the use of the Service subject to for-profit transactions outside the game. This includes selling them using real-world currency or making them subject to internet auctions.
(15) Acts that infringe on copyrights or other rights related to the Service.
(16) Acts of using the App's software for purposes other than using the Service.
(17) Acts of soliciting or recommending the use of cheating.
(18) Acts of sending multiple emails that are not allowed by the recipient within the Service.
(19) Acts of using the Service with a modified device.
(20) Other acts that violate these Terms.
(21) Acts of teaching other Users where to find articles or data that fall under any of the preceding paragraphs (including linking to such locations).
(22) Other acts that the Company deems inappropriate in light of the purpose of the Service.
(23) All acts that solicit or promote the preceding paragraphs, or preparatory acts.
Article 11 (Communication Functions, etc.)
1.The Company may provide bulletin board services, chat, posting, community function services, and similar services ("Communication Functions") within the Service. In this case, the use of Communication Functions will be in accordance with the provisions of this article.
2.The Communication Functions are provided free of charge and as-is for the convenience of communication among Users, and do not guarantee communication between specific individuals. Please also be aware in advance that information sent (uploaded) by the User may be recorded as history information (logs) on the Company's servers.
3.With respect to information uploaded by the User using the Communication Functions, you grant the Company a free and non-exclusive right to copy and distribute that information. In addition, even if you provide suggestions for products or marketing plans or ideas, the Company and its group companies will not be obligated to evaluate, consider, adopt, or keep secret those suggestions, and may use them free of charge. Therefore, all suggestions will be handled as if they were made with your consent, so please be aware in advance.
4.If the Company determines that the information uploaded by the User falls under any of the items in Article 10, the Company may delete the information without prior notice to the User. However, in such a case, the deletion by the Company does not reduce or exempt the User from the responsibility they should bear regarding the upload of the information.
5.When using the Communication Functions, please be aware that the information you disclose to other Users is of a nature that can be disclosed to an unspecified number of third parties. The Company bears no responsibility for the results of the User disclosing their personal information or other information to other Users.
6.In the event of a dispute, such as a complaint, being notified to the User from another User or a third party in connection with the use of the Communication Functions, the User shall resolve it at their own responsibility and expense.
7.The provisions of the preceding two paragraphs do not prevent the Company from providing support for resolution as a service to the User.
Article 12 (Copyright and Other Intellectual Property Rights)
1.Intellectual property rights and other rights related to all programs, software, trademarks, trade names, or general technology incidental to them that constitute the Service belong to the Company or a third party with legitimate authority, unless otherwise specified.
2.The User cannot use any information obtained through the use of the Service beyond the scope of private use, regardless of the method, such as copying, publishing, broadcasting, public transmission, without the prior and explicit permission of the Company or the third party who is the right holder.
Article 13 (Disclaimer and Non-Guarantee)
1.The Service is provided "as is" at the time of each service provision, and is provided as something that may contain defects in accuracy, completeness, usefulness, reliability, etc. Therefore, the Company does not guarantee the accuracy, completeness, usefulness, reliability, etc. of the content of the Service and the information provided by the Company, such as being always connected in a good environment, or that the information sent by the User is always posted on the Service.
2.When the Service requires an online environment, it is highly dependent on individual communication environments and equipment environments, and cannot be used under all circumstances. Therefore, in such cases, the Company does not guarantee that the Service can be used under any circumstances on the User's end.
3.When using the Service, the User shall avoid excessive use at their own discretion. The Company bears no responsibility for physical, mental, or financial damage resulting from excessive use of the Service.
4.If the data accumulated on the device used by the User to use the Service is lost (including deletion by the User themselves) or is altered by others, the Company will not be responsible for restoring it.
5.The Company bears no responsibility to the User or a third party for all problems that may arise when using the Service, such as malfunctions accompanying the installation of the App. In addition, when the Company can reasonably provide the Service to the User at that time, the User shall agree in advance that the Company will not provide any compensation for the Service.
Article 14 (Save Data)
1.If there is no continuous connection to the Company's servers from the User for 30 days or more, the Company may delete the User's game play history ("Save Data") recorded on the servers. Furthermore, if the User's use of the Service is suspended or terminated based on the provisions of Article 17, the Save Data will be deleted regardless of the passage of that period.
2.The Company does not guarantee that the User's Save Data will be saved or read without defects, regardless of the passage of the period in the preceding paragraph.
3.If the Company determines that it is necessary and unavoidable for the smooth operation of the Service, if it is deemed to be in the interest of many Users, or if the Company determines it is otherwise necessary, the Company may make changes to the Save Data without the User's prior consent.
Article 15 (Changes to Service Content)
1.The Company may change the content of the Service without prior notice to the User.
Article 16 (Service Interruption)
1.In the event that any of the following causes arise, the Company may temporarily interrupt the provision of the Service without notifying the User in advance.
i. When the provision of the Service is stopped due to the occurrence of an unexpected defect in the system of the Company's servers.
ii. In addition to regular or emergency maintenance regarding the system of the Company's servers, when the Company determines that a temporary interruption of server operation is necessary for operational or technical reasons.
2.Even if a delay or interruption of the Service occurs due to the reasons listed in the preceding paragraph, the Company shall bear no responsibility for any damage suffered by the User based on this.
Article 17 (Suspension of Use, etc.)
1.If the Company determines that the User falls under any of the following items, the Company may not approve the use of the Service by the User or may suspend or terminate their use. In this case, the Company will not bear or refund the expenses incurred by the User for the use of the Service.
(1) When the information provided or registered by the User is false.
(2) When the User violates these Terms or the terms of other services provided by the Company. Or when it is found that they have violated them in the past.
(3) When the User has filed for, or been filed for, bankruptcy or civil rehabilitation proceedings.
(4) When the payment service company used in relation to the use of the Service determines that the payment is invalid or canceled.
(5) When unauthorized use of the ID, etc., by a third party occurs due to the User's willful misconduct or negligence. Or when the Company determines that there is a possibility of it.
(6) Other circumstances in which the Company can reasonably determine that the use of the Service is extremely inappropriate.
(7) When 60 days or more have passed since the last day of using the Service.
(8) When the User is using the Service with multiple IDs, etc.
2.In the case of the preceding paragraph, item 8, if an act or fact falling under paragraphs 1 to 6 of the preceding paragraph exists using one of the User's multiple IDs, etc., and the Company suspends the use of that ID, etc., based on this, the Company may suspend the use of all other IDs, etc., used by that User.
Article 18 (Responsibility for Damages)
1.In the event that damage occurs to the User in relation to the use of the Service, the scope of the Company's responsibility shall be limited to the scope of actual and direct damage suffered by the User, and regardless of the Company's foreseeability, the Company shall bear no responsibility for damage arising from special circumstances, lost profits, indirect damage, or other damages. However, this does not apply in cases of willful misconduct or gross negligence on the part of the Company.
2.If the User infringes on the rights or interests of the Company in using the Service, the Company may claim damages from the User.
Article 19 (Prohibition of Assignment)
1.The User shall not assign, transfer, or provide as collateral the rights, status, or interests related to the use of the Service to a third party.
Article 20 (Support)
1.Notifications, communications, and support provided by the Company to the User regarding the Service shall be conducted only in Japanese.
2.When the User contacts the Company regarding the Service, it shall be provided only by the method predetermined by the Company. The Company cannot respond to contacts or inquiries made by methods other than those predetermined by the Company.
3.The Company may not be able to provide individual responses to contacts or inquiries from the User.
Article 21 (Termination of Service Provision)
1.The Company may terminate the provision of the Service after notifying or announcing to the User with a 60-day notice period.
2.The notice or announcement of the preceding paragraph shall become effective 24 hours after it is posted on this website by the Company.
3.Notwithstanding the provisions of the preceding two paragraphs, if the provision of the Service becomes difficult due to reasons not attributable to the Company, the Company may terminate the provision of the Service by clarifying the reason for the termination of the Service on this website promptly after the termination of the Service.
4.When terminating the provision of the Service, the Company shall be exempt from any claims from the User accompanying the termination of the Service, except for matters provided by law, by going through the procedures of this article.
Article 22 (Governing Law and Jurisdiction)
1.The governing law of these Terms shall be the law of Japan, and the Tokyo District Court shall be the court of first instance with exclusive jurisdiction by agreement.
2.Even if a part of these Terms is deemed to be without effect by the compulsory provisions of consumer protection laws and other compulsory provisions, the other parts shall remain in effect to the maximum extent that they do not conflict with them.
Article 23 (Others)
1.When using the Service, in the event that there is a part where the content of these Terms conflicts with the content of other terms of service, etc., determined by parties other than the Company, the content of these Terms and other terms of service determined by the Company shall apply with priority.
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