寶可夢大亂戰SP

Article 1: Definitions

The terminology used in this agreement will be defined as the following:

1. “The service” is the service provided in this App through the Internet.
2. “Users” are customers who use this service.
3. “Virtual Content” is a generic term for the products and services available free of charge or for purchase within the App.
4. “The official site” is the official companion website of the App, which can be linked to from within the App.

Article 2: Minors

Users who are minors can use the service and purchase Virtual Content only if their parent or guardian has permitted the purchase.

Article 3: Range of the Terms

All methods of use, rules, and any other regulations regarding the service stipulated by the Company, regardless of naming, will form a portion of the Terms.

Article 4: Price of the Service

1. The App is free to download; however, we may permit you to use “real-world” money to buy in-App Virtual Content. Certain features of the App, including certain Virtual Content, may be unavailable if not purchased. We may from time to time, and at our sole discretion, provide opportunities for users to acquire certain Virtual Content free of charge, at reduced rates, or as bonus content when you acquire other Virtual Content. For the avoidance of doubt, free content will not be considered “purchased” for legal purposes.
2. You may only purchase Virtual Content in the amount and at times permitted by us in our sole discretion, and only for your personal use. We may change the price and availability of Virtual Content at any time.
3. Users will pay for Virtual Content in accordance with the payment terms stipulated separately by the payment-processing company that we use to handle payments (“payment processor”).
4. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event that your credit card company refuses payment for an amount credited to your account, we will have the right to delete previously acquired Virtual Content and cease access to all other Virtual Content.
5. Virtual Content does not have monetary value and may not be redeemed for legal currency or items of value outside of the service. Virtual Content obtained via the service is provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the service. You have no property interest; no right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.
6. If a dispute should arise between a user and the payment processor regarding payment, the user will be responsible for resolving the dispute. To the fullest extent permitted by applicable law, we will not accept any responsibility for the dispute. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

Article 5: Return/Refund Policy

PURCHASES OF VIRTUAL CONTENT ARE NONREFUNDABLE. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR YOUR VIRTUAL CONTENTS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a cooling-off period that allows you to withdraw from a purchase. Nothing herein is meant to limit your return, cancellation, or refund rights for your purchase of Virtual Content under local law.

Article 6: Changes to the App and the Terms

1. We may, from time to time, issue updates to the App, which may be required to be installed in order for you to continue using the App.
2. We will modify the contents of the Terms at will as it becomes necessary.
3. If we change the Terms, that information will be published through the service or the official site. Changes to the Terms will take effect the moment they are published through the service or the official site, unless otherwise stated. We will consider your continued use of the App as acceptance of the updated Terms.

Article 7: Transfer

You may transfer data to a different device by using the Nintendo Account Linking Service defined in Article 10. Please note that if you do not use the Nintendo Account Linking Service, the User’s account will not be able to be recovered.

Article 8: Information Privacy

Information provided to us through the service by a user will be handled in accordance with the Privacy Notice as updated from time to time.

Article 9: Responsibilities of Use

1. Users are responsible for their own use of the service.
2. We do not guarantee to users that there are no defects or bugs in the service, and we will bear no responsibility for repairing defects or bugs.
3. We offer no guarantees whatsoever regarding the service’s use on all devices or the service’s content.
4. If a user causes damage to us or others by using the service, that user will be personally responsible for the costs of compensation for the damage.
5. The service may contain links to websites other than those operated by us. We bear no responsibility whatsoever regarding the contents of said websites.

Article 10: Linking to a Nintendo Account

1. The Service may be linked to a “Nintendo Account,” which is a service provided by Nintendo Co., Ltd. (the “Nintendo Account Linking Service”). If you will be using the Nintendo Account Linking Service, you will comply with the terms of use, privacy policy, and any other terms for the Nintendo Account in addition to these Terms and any other terms prescribed by the Company. The Company makes no warranty regarding the Nintendo Account and will bear no liability whatsoever for any losses or damages incurred by the user.
2. If you use the Nintendo Account Linking Service, the user’s use of the Nintendo Account may be suspended and, depending on the country setting of the Nintendo Account, the use of all or a portion of the Service may be restricted. Once the Nintendo Account is linked to the Service, the link cannot be canceled, and if the Nintendo Account is deleted after it has been linked, you will no longer be able to use the linked Service. The Company and Nintendo Co., Ltd., will bear no liability whatsoever for any losses or damages incurred by the user due to the linking of the Nintendo Account and the Service.

Article 11: Intellectual Property Rights

Users will not obtain intellectual property rights, claim rights, or any other rights whatsoever to any of the contents contained in the service, including, without limitation, nonpersonal user data, aggregate information, or other information relating to the use of the service. Use of content outside of the service is also prohibited.

Article 12: Suspension/Modification/Termination of the Service and User Data

1. We may, in our sole discretion and without notice, limit, terminate, or suspend a part or all of the features within the service at any time.
2. When practical, we will notify Users through the service or the official site at least 30 days in advance if the service is to be terminated.
3. We can modify the contents of the service without notifying users.
4. We may also, at our sole discretion and without notice, suspend or terminate your user profile and delete all related registration information. For example, the Company may delete your registration information if you have never purchased Virtual Content, have not cleared the first stage after the tutorial, and have not accessed the App for three months.
5. Even in cases listed in the previous clauses, we will not, except as otherwise required by applicable law, accept any responsibility for the users.

Article 13: Prohibited Actions

We prohibit the following actions:

1. Acquisition of Virtual Content or other data through unlawful methods.
2. Providing data from the service to others.
3. Reproduction of data from the service as well as providing said reproduction to others.
4. Violating our or others’ intellectual property rights or any other rights, including but not limited to creating derivative works based on the content of the App, or any part thereof, or reproducing, distributing, disclosing, or publicly performing the App or any parts thereof.
5. Using the App for the benefit of any third party (not subject to these terms of use), including, without limitation, in an outsourcing, service bureau, or time-sharing arrangement.
6. Using any unauthorized third-party software or other technological means (e.g., bots, mods, hacks, and scripts) to modify the App experience.
7. Infiltration of the server operating the service.
8. Actions that may cause a malfunction, bug, or other defect with the servers operating the service.
9. Excessively and unnecessarily installing the App on numerous devices.
10. Development of an unlawful program, tool, or app, regardless of naming, whose goal it is to use the service unlawfully. Also, providing said program, etc., to others, or allowing them to use said program, etc.
11. Any alteration (including falsification), reparation, adaptation, creation of derivative works, decompiling, disassembly, or reverse engineering of the service’s data, or any actions resembling these.
12. Having others perform any of the actions listed above or influencing others to perform any of the above actions.
13. Aiding others in performing any of the actions listed above or facilitating with your own actions.
14. Actions that we have notified users, or have announced through the service or the official site, are prohibited.
15. Any and all actions that would hamper the operations of the service.
16. Attempts to circumvent any restriction in the App or service based upon age, geography, or other restriction imposed by us.
17. Any and all actions we judge to be unsuitable.

Article 14: Indemnification

You agree to indemnify, defend, and hold us and all affiliated companies, and all officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees thereof, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the App. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Article 15: Disclaimers

1. You understand that the App is provided to you “AS IS” and may not work on every device or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE APP, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, OR CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE APP.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT, NOR WILL ITS AFFILIATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES, BE LIABLE WITH RESPECT TO THE APP UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE APP, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF THE COMPANY OR ITS LICENSORS OR AGENTS.
3. If, despite the disclaimers provided above, we are found responsible for damages to a user, the range of that responsibility will be limited to ordinary damages that directly affected the user and will not include compensation for lost wages or any other special damages. In addition, the total sum of damages will be limited to the total amount paid by a user for the service or 100 JPY, whichever is higher, except as otherwise required by applicable law.

Article 16: Applicable Law/Jurisdiction

1. The Terms will be interpreted in accordance with Japanese laws.
2. In disputes between us and the users, Tokyo District Court will have exclusive jurisdiction in the first instance of said dispute.

Article 17: Links to Third-Party Sites

In the course of using the App, you may be provided links from the App to other locations, either controlled by us, an affiliate, or an unaffiliated third party. Once you leave the App, the Terms no longer apply, and you will be subject to the terms of service and privacy notices of the destination location.

Article 18: Feedback

We may provide you with opportunities to let us know what works and what does not work with the App. If you respond to any of our requests for information, or if you report errors in the App or any other problems you discover with the App, you understand that we will own such feedback.