Terms of Use

(Last updated on August 25, 2021)

1. Terms of Use

These Terms of Use (these "Terms of Use") establish the terms and conditions between a customer ("User") who uses the "DanMachi - MEMORIA FREESE " game application (includes services ancillary to this application; the "Company App", and the ancillary services shall be referred to as "Ancillary Services") provided by [WFS, Inc.] (the "Company") and the Company regarding the use of the Company App.
By using the Company App (including but not limited to downloading the Company App, purchasing the Items, Etc. (defined in Sec. 6.2) on the Company App, or using the Ancillary Services), the User will be deemed to have agreed to these Terms of Use. The User shall not use the Company Game if he or she does not agree to these Terms of Use.
These Terms of Use may be amended at the Company's convenience without notifying the User in advance. Unless otherwise provided, the amended terms of use will become effective at the time they are posted on the Company App. If the User uses the Company App after the amendment of these Terms of Use, the User will be deemed to have agreed to the amended terms of use and the amended terms of use shall apply.
If the User is a minor, the User shall obtain the approval of his or her legal representative (e.g., person with parental authority) before using the Company App. Notwithstanding the foregoing, Users under the age of 13 shall not use the Company App, even if he or she has obtained the approval of his or her legal representative (e.g., person with parental authority).
In addition to these Terms of Use, individual terms and conditions regarding the Company App may be established. In such cases, the User shall comply with the individual terms and conditions as well as these Terms of Use. In the event of any discrepancy between the provisions of these Terms of Use and the individual terms and conditions, the provisions of the individual terms and conditions shall prevail.

2. Use of the Company App

The User may use the Company App within the limits established by the Company depending on the User's age, usage environment, and other conditions.
The Company may send notices, advertisements, and other announcement messages to the User in connection with the operation of the Company App.
The User may register a username when using the Company App, provided that if the Company determines that the following grounds apply, it may not approve the registration of such username and the User may not be able to use such username:
1. It is clear that the username refers to a specific individual
2. The username may infringe the intellectual property rights or other rights of another person
3. The username may create a feeling of disgust in others
4. The Company otherwise determines that the username should not be registered
The Company will set up one (1) account for the User for each unit of mobile device on which the User uses the Company App (but limited to a mobile device that can use the "iOS" OS provided by Apple Inc.; "Mobile Device") and for a single Company App. If the same Company App is used on a different Mobile Device, a different account will be set up. The User shall not use the game information of the account (refers to the in-app currency and the Items, Etc. (defined in Section 6.2) in the User's possession and other information that is associated with this account within a game provided by the Company App; same shall apply hereinafter) on a different account or combine such game information.
When using the Company App, the User shall register the correct date of birth if requested by the Company. In addition, the User shall not cause the Company to obtain a false IP address or other information through a connection that uses a VPN (Virtual Private Network). The Company shall not be liable for the User's damages that arise in connection with the inaccuracy or falsity of the registered information or causing the Company to obtain false information.
If the registration of a password is required for the use of the Ancillary Services, the User shall register a password that satisfies the conditions established by the Company.
The Company may view the content posted or sent by the User using the Company App (including text, pictures, images (videos), and other information, regardless of whether or not they have been made available to other Users; the "Posts, Etc.") to the extent necessary to operate the Company App or to check the status of compliance with these Terms of Use. The User shall consent in advance to the Company's viewing of the Posts, Etc. If the Company determines that the Posts, Etc. are in violation of these Terms of Use, the Company may, without any prior notice to the User, delete such Posts, Etc. or take steps to ensure that such Posts, Etc. cannot be viewed by such User or other Users.
If the Company determines that it is necessary to protect the Company App and other rights and assets of the Company, or the life, body, or property of a third party, the Company may disclose or provide such Posts, Etc. to courts, the police, and other public bodies to the extent necessary.
The User shall, at its own responsibility and cost, obtain and maintain a Mobile Device that is required to access or use the Company App. The User shall be responsible for the communication fees associated with the use of the Company App. The rights and obligations that the User has against or owes to the Company regarding the Company App are personal to the User and cannot be transferred.

3. User's Management Obligations

Account
1. The User may use his or her own account information (refers to the account ID, username, and game information that the Company sets up for each account, and any other information that is associated with the account; same shall apply hereinafter) and the password registered under paragraph 6 of the preceding Section for the sole purpose of using the Company App and shall not allow a third party to use such account information or password. The User shall not allow any third party to use any account information by disclosing, lending, selling, changing the name, gifting, pledging offering as security, transferring the account information or otherwise, or dispose of any account information without the Company's consent. In addition, the User shall not use the Company App by using a username or password that differs from the one that is registered with the Company.
2. If the User registers a password on the Company App, the User shall manage such password as confidential information.
3. If there is any use of the Company App (including but not limited to using or discontinuing the use of the Company App or registering a password) by the User's account or any use of the Company App using the registered password, the Company may deem that such use was made by the User. All results that arise through such use will be attributed to the User, and the Company shall not be liable for such results.
4. If the User discovers an unauthorized use of his or her account or password, the User shall immediately notify the Company and make reasonable efforts to rectify such unauthorized use.
5. If the Company and third parties incur damages due to the unauthorized use of the User's account or password, the User shall compensate the Company and third parties for such damages.
Communication tools
1. As Ancillary Services, the Company may provide the User with communication tools such as a messenger tool for sending content to other Users within the Company App and a group chat and message board where opinions on specific topics can be exchanged (collectively, the "Tools"). The User will use the Tools at its own discretion and responsibility, and the Company will have no obligation to back up the content posted or sent using the Tools.
2. A User who creates a group chat, message board, or the like that will be used by the Users of the Company App (the "Group Chat, Etc.") may become the administrator of such Group Chat, Etc. (the "Administrator"). In such cases, the User who has become the Administrator shall control, for example, whether or not other Users may participate in the Group Chat, Etc., and the Company shall not be liable for the content, information, and other materials that are posted on the Group Chat, Etc.
3. The Administrator will have the obligation to manage the content posted on the Group Chat, Etc. by other Users of the Company App. The other Users participating in the Group Chat, Etc. agree that, if the Administrator determines that the content posted by such Users may be in violation of these Terms, the Administrator will delete such content or place it in a state where it cannot be viewed. With regard to the content on the Group Chat, Etc. that he or she is administering, the Administrator may, in some cases, bear the same responsibility as the person who posted such content.
4. The Administrator may appoint another User of the Company App as the new Administrator ("New Administrator"). In such a case, if the New Administrator consents, the New Administrator may succeed to the rights and obligations as the previous Administrator of the Group Chat, Etc.
5. In the cases listed below, the Company may shut down or delete the Group Chat, Etc. or replace the Administrator:
  1. The Administrator is neglecting the Group Chat, Etc. without appointing a New Administrator
  2. The Administrator's account is temporarily suspended or deleted
  3. The Company determines that the use or purpose of the Group Chat, Etc. is in violation of these Terms of Use
  4. The Company otherwise determines that it is necessary

4. Privacy Policy

The Company shall properly handle the User's personal information and other privacy information in accordance with the Company's Privacy Policy (the "Privacy Policy"). The Privacy Policy is posted on the Company App, so please review it before using the Company App.
The Company makes no warranty that the information on the Company App or obtained through the Company App is complete, accurate, or up-to-date. The Company shall not be liable for the User's use of or reliance on such information.

5. Intellectual Property Rights

Posts
The User may post only the text, pictures, images, and other content in which he or she owns the necessary copyrights and other intellectual property rights or has obtained a license from the necessary rights holder (the "Content") by using the Ancillary Services.
License
The User (or the rights holder of the Content) will continue to retain the intellectual property rights including the copyrights in the Content, provided that, to the extent it is for the purpose of providing, advertising, or promoting the Company App, the Company may use the Content on the websites and the like of the Company or those partnering with the Company after performing the processing that the Company determines to be necessary. The User shall not exercise the moral rights of an author or the moral rights of a performer with regard to the use of the Company's Content under this paragraph and shall enter into an agreement with the rights holder of the Content that provides that the User will not exercise the moral rights of an author or the moral rights of a performer with regard to such use by the Company.
Ownership of rights
Excluding the Content posted by the User, all copyrights and other intellectual property rights regarding the Company App and all information relating to the Company App will belong to the Company or the rights holder that licensed the use of such rights to the Company. The User shall not reproduce, assign, lend, translate, alter, reprint, transmit to the public (including making it possible to transmit to the public), forward, distribute, publish, use for business, or the like.

6. Suspension or Deletion of the Account

If any of the grounds below applies to the User, the Company may temporarily or permanently suspend or delete the User's account, provided that the Company shall not be liable for the User's damages that arise with regard to such suspension or the like.
1. The User has violated these Terms of Use
2. The User's registered information or the Posts, Etc. contain an expression that insults or defames a third party or creates a feeling of disgust or an expression that is contrary to public policy
3. The Company determines that the User falls under antisocial forces or the like (refers to organized crime groups, members of organized crime groups, quasi-members of organized crime groups, entities affiliated with an organized crime group, corporate racketeers, persons engaging in criminal activities under the pretext of social activism, special intellectual crime groups, and other equivalent groups or individuals; same shall apply hereinafter) or is cooperating or involved with the maintenance and operation of antisocial forces or the like by providing funds or any other means
4. The Company otherwise determines that the use of the Company App by the User is inappropriate
If the Company permanently suspends or deletes the User's account, the User will lose the right to use the in-app currency, items, and other goods or services that the User possesses at the time of the suspension or deletion (the "Items, Etc.") and the right to use the Ancillary Services (including the right to view the content and the like that was posted or sent in the past through the Ancillary Services; same shall apply hereinafter) upon the suspension or deletion of the account.

7. Discontinuation of Use

The User may discontinue the use of the Company App by uninstalling the Company App from the Mobile Device.
If the User discontinues the use of the Company App under the preceding paragraph, the User will lose the right to use the Items, Etc. in his or her possession at the time of the discontinuation and the right to use the Ancillary Services upon the discontinuation of use.
Even after the User has discontinued the use of the Company App, the Company may retain information regarding the User (personal information and all information regarding the User's content) in some cases but shall have no obligation to continue retaining such information. Even in a case where the User discontinues the use registration and subsequently resumes the use of the Company App, the information regarding the account that was previously used by the User cannot be used.

8. Code of Conduct

The User shall comply with laws and regulations and respect the rights and dignity of third parties. The User agrees not to engage in the misconduct listed below:
1. Posting, sending, or making available the following in connection with the Company App
  1. Materials that may:
    1. give rise to criminal or civil liability;
    2. encourage an act that may constitute a criminal act; or
    3. encourage an illegal act or an act such as hacking, cracking, or phreaking, or provide information that shows how to commit such act
  2. Virus, worm, Trojan horse, Easter egg, time bomb, spyware, or any other computer code, file, or program that:
    1. is potentially harmful or invasive;
    2. can or is intended to damage or take over the operation of hardware, software, or other equipment; or
    3. can or is intended to monitor the use of hardware, software, or other equipment
  3. Unsolicited advertisement, advertising material, junk mail, spam, chain letter, multi-level marketing, investment opportunity, or other solicitation
  4. A company's non-public information or material that has not been properly authorized
2. Attempting to make illicit profits for itself or a third party regarding the use of the Company App, including engaging in such act through the use of misconduct, bug, automatic software, bot, hack, unauthorized mod, or any other unapproved third-party software or by using a bug or error in the Company App. If the User finds a bug or error in the Company App, the User agrees not to inform any person other than the Company.
3. Using the Company App with the intent of creating or assisting the creation of a software, automatic software, bot, hack, unauthorized mod, or any other unapproved third-party software that engages in misconduct
4. Using the Company App to defame, misuse, harass, stalk, threaten, or otherwise infringe the legal rights of a third party (including but not limited to privacy rights or publicity rights) or to collect personal information that identifies the User of the Company App
5. Interfering with the operation of the Company App or a server or network for providing the Company App, including unreasonably or disproportionately placing a heavy burden on the Company App or a server or network for the Company App, or violating the requirements, procedures, policies, or rules of such network
6. Restricting or interfering with a third party's use of the Company App by, for example, hacking or rewriting a part of the Company App
7. Revising, altering, creating an adaptation, translating, reverse engineering, decompiling, or disassembling any part of the Company App
8. Deleting any copyright, trademark, and other property rights notice that is displayed on the Company App or materials derived from the Company App
9. Framing or mirroring any part of the Company App without the Company's prior written consent
10. Creating a database by downloading information and materials on the Company App or through a system via the Company App and retaining such information and materials
11. Using a robot, spider, site search and analysis application, or any other manual or automatic device without the Company's prior written consent to extract the available information and materials on the Company App or through the Company App, create an index, scrape, and collect such information and materials through data mining or any other method or to avoid or replicate the navigation structure or display of the Company App

9. Prohibited Acts

In addition to the preceding Section, the Company prohibits acts that are determined by the Company to fall under any of the paragraphs below with regard to the use of the Company App, regardless of whether the User acted intentionally or negligently (these acts are prohibited regardless of which service or function of the User's Company App is used to commit the act):
1. Antisocial behavior
  1. An act that violates a law or regulation or is contrary to public policy
  2. A criminal act or announcing in advance, being involved in, or encouraging a criminal act
  3. Posting or registering information or the like that contains false or misleading content
  4. Placing a burden on a server that exceeds the range of normal use or encouraging such an act, or otherwise interfering with or obstructing the operation or provision of the Company App or the use of the Company App by other Users
  5. Infringing a third party's intellectual property rights (patent rights, trademark rights, copyrights, and trade secrets, etc.)
  6. Damaging the reputation or good name of a third party or infringing privacy rights, publicity rights, or any other rights of a third party
  7. Posting words and other expressions that may glorify, induce, or encourage suicide, self-harm, drug abuse, or the like
  8. Harassing a third party in any way (e.g., stalking) or defaming a third party
  9. Posting an expression that will lead to discrimination based on ethnicity, race, gender, age, or the like
2. Obscenity, expression of violence, and acts relating to online dating
  1. Posting photographs or the like of nudity with a high degree of exposure including underwear shots, close-up shots of the chest, buttocks, and the like, and shots that expose the genitals, and other pictures, images (videos), illustrations, and paintings that are determined to be obscene or posting words that correspond to sexual intercourse or genitals, or other obscene expressions, regardless of whether or not there is pixelization or blurring or its artistic qualities
  2. Posting violent or grotesque photographs and any other images, words, and other expressions that will cause general Users to be offended
  3. Posting expressions of sexual intercourse or expressions made with such intent on the Company App
  4. Directing traffic to pornographic websites (e.g., by adding a link)
  5. Posting links to child prostitution or pornography or to websites for downloading unedited video images
  6. Using the Company App to introduce sexually explicit products
  7. All acts that the Company or others determine to be for the primary purpose of requesting or guiding people to online dating or the like with the opposite sex
  8. Other acts that are determined to have a detrimental effect on the character formation and the like of minors (tattoos, drinking and smoking by minors, etc.)
3. Commercial acts
  1. Posting or sending messages of information for the purpose of buying, selling, or exchanging (including advertisement, announcement, or solicitation thereof) goods or services (unless approved by the Company), regardless of whether it is for a commercial or non-commercial purpose
    * Even information regarding a free seminar or the like will be deemed to constitute information that is prohibited from being posted under this item if goods will be sold at the seminar or the like or if it is a seminar where attendees will be entering into a contract.
  2. The User utilizing (in any manner, such as using, playing, reproducing, photocopying, selling, or reselling) all or part of the Company App provided by the Company for a commercial purpose (unless approved by the Company)
  3. The User using any information obtained through the Company App by reproducing, selling, publishing, releasing, or any other means that is not a private use by an individual, or causing a third party other than the User to engage in a similar act
  4. Sending or posting (including multi-posts, spams, chain messages, etc.) multiple messages of the same content for advertising, announcement, solicitation, and other purposes using a communication tool such as a messenger tool, group chat, message board, or the like, and leaving posts on a message board or the like that appear to differ from the objective of the message board participants
  5. Posting or sending the following information:
    1. Information that solicits third parties, such as a pyramid scheme, chain message, MLM (multi-level marketing), or the like
    2. Information that directs traffic to an affiliate or a website where points or other benefits are earned by inviting people (unless approved by the Company)
    3. Information that contains information products
  6. All medical and quasi-medical practices (regardless of their form, such as the use of drugs, spiritual practices, healing stones, counseling, and fortune-telling), regardless of whether it is commercial or non-commercial (unless approved by the Company)
  7. Collecting and storing, or attempting to collect or store, personal information of other Users
4. Posting of personal information
  1. Posting an individual's email address, telephone number, license plate number, bank account number, address, and other information that can identify an individual, regardless of whether it is information regarding the User or a third party
    * We ask for your cooperation in preventing posts for purposes of impersonation or doxing and uses that are similar to online dating websites.
  2. Impersonating a third party by posting or registering false information (including name, date of birth, email address, address, and other personal information), or a person other than the User using the Company App by using the User's account, even if permission has been obtained from the User
5. Other acts
  1. Indiscriminately sending chats, friend requests, message board invitations, or message posts
  2. Political or religious activities (excluding those approved by the Company)
  3. A User whose account was suspended due to a violation resuming the use of the Company App
  4. Intentionally or negligently inviting a User whose account was suspended due to a violation
  5. Sending an invitation to a stranger, particularly receiving an invitation through another blog, message board, or the like
  6. Transferring an invitation to a third party, or allowing a third party to use the User credentials or transferring such credentials to a third party
  7. Multiple individuals using a single user account
  8. A single individual possessing multiple User accounts for a single Mobile Device and single Company App
  9. Transferring the right to use a part of the Company App by a method other than the method established by the Company or others
  10. Exchanging the right to use a part of the Company App for cash or other property or property benefit, or advertising, announcing, or soliciting such exchange
  11. Users of a different Company App engaging in an exchange of their respective rights to use a part of each Company App, or advertising, announcing, or soliciting such exchange
  12. Indiscriminately leaving a large number of access history for the purpose of directing traffic
  13. Encouraging the activities of antisocial forces or the like or providing benefits, either directly or indirectly, to antisocial forces or the like by using the Company App
  14. Any other act that the Company determines to be inappropriate based on reasonable grounds

10. Use of Paid Contents and In-app Currency

The User may purchase paid contents sold within the Company App (including contents　offered for a monthly flat fee) and in-app currency in a currency based on the accurate place of residence, and use such in-app currency to pay the sales price of Items, Etc. that can be used within the Company App. Further, the Company may grant Items, Etc. (including paid contents and in-app currency) to the User for free in the event of a campaign or otherwise.
The purchase and use of in-app currency will be subject to the In-app Currency Terms. The In-app Currency Terms can be viewed here and are hereby incorporated in these Terms of Use by reference in this provision.
Price and other conditions of paid contents will be determined by the Company and will be displayed on the Company App. The Company may change these conditions at its discretion.
Unless the Company provides otherwise, paid contents, in-app currency and Items, Etc. are permitted for use only by the User who purchased or exchanged them. Further, where the User uses the Company App across multiple information devices which run on incompatible operating systems ("OS"), paid contents and in-app currency offered on incompatible OS will be offered as different kinds of paid contents or in-app currency despite having the same name, and cannot be succeeded or combined if the User changes the type of information device across incompatible OS.
Paid contents and Items, Etc. do not have proprietary value as money amount or quantity, and do not qualify as Advanced Payment Instruments under the Payment Services Act. Further, paid contents and Items, Etc. are contents only for the purpose of creating dramatic expression and effect within the game in the Company App, and cannot be redeemed for in-app currency or cash. Moreover, paid contents cannot be cancelled or refunded for the User's convenience after the purchase transaction is completed, unless deemed necessary under laws and regulations.
Upon purchase of paid contents, the User shall be presumed to have agreed to the payment terms and other conditions of the third party payment service provider (including Apple Inc.) and shall comply with such conditions.

11. Third-party Services

Links to third-party websites, third-party apps, or the like ("Third-party Apps, Etc.") may be displayed on the Company App. If the User will be using such Third-party Apps, Etc., the User shall do so at its own responsibility in accordance with the terms of use and privacy policy of the third party. The third-party business operator that provides such Third-party Apps, Etc. and the products and services provided therein shall be liable for such Third-party Apps, Etc., products, and services as well as the act or omission of a third party, and the Company shall not bear any liability whatsoever.
Third-party websites may provide links to the Company App, with or without the Company's consent. The Company shall not be liable for any damages incurred by the User in connection with such third-party websites.

12. Modification, Etc. of the Company App

To the maximum extent permitted by applicable law, if the Company determines that it is necessary, the Company may modify, suspend, or discontinue the Company App (including but not limited to its specifications, rules, and ancillary services) at any time without notice or liability to the User.
With regard to the Items, Etc. that are provided to the User on the Company App, the User only has the right to use the Items, Etc. within the limits established in the Company App, and will not acquire any ownership, intellectual property rights, or other rights in the Items owned by the Company and rights holder other than the Company.
If there is an entity conversion or other grounds, the Company may transfer its position under these Terms of Use to another individual or legal entity without the prior written consent of the User.

13. Disputes with Third Parties

In the event of a dispute between the User and a third party (including other Users of the Company App) regarding the User's use of the Company App, the User that is a party to the dispute shall resolve such dispute at its own responsibility and cost. If the Company, another User, or a third party incurs any damages due to or in connection with such dispute, the User shall compensate for such damages.
The User shall resolve all claims that arise from or in connection with the content posted by the User (including any claims relating to the User's violation of these Terms of Use or infringement of a third party's right) at the User's own responsibility and cost.
If the User infringes a third party's right and the Company incurs damages or other costs with regard to a complaint or claim by a third party, the User that is a party to the dispute shall be liable for such damages and other costs and the like (including attorneys' fees).

14. Severability

If any provision of these Terms of Use is determined to be in violation of a law or regulation or determined not to be legally binding on either party, such provision will be deemed invalid to the extent that it is determined to be in violation of such law or regulation or not to be legally binding, and all other provisions of these Terms of Use will remain in full force and effect.

15. Disclaimers

Warranty disclaimers
1. The Company App is provided "as is." The Company makes no warranty of any kind (including warranty against defects in title, warranty against defective goods, warranty of fitness for a particular purpose, and warranty of non-infringement), whether express or implied, including the following:
  1. The Company App will be free of interruption and error. The Company will not be liable for any operational or communication error, omission, interruption, deletion, defect, operational or transmission delay, communication line disturbance, or misappropriation, damage, unauthorized access, or falsification of content or the User's communication or message.
  2. The Company App (including any content, Ancillary Services, and Items, Etc. in the Company App) is accurate, complete, reliable, up-to-date, and free of error, and does not contain any virus or other harmful element.
Liability for damages
1. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANYNOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ASSIGNS, SUCCESSORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER'S SOLE REMEDY AGAINST PUBLISHER FOR DISSATISFACTION WITH COMPANY APP IS TO STOP ACCESSING OR USING COMPANY APP. THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF USE ARE PART OF THE BARGAIN BETWEEN COMPANY AND USER.
2. If, notwithstanding the other provisions of these Terms of Use, Company is found to be liable to User for any damage or loss which arises out of or is in any way connected with User's access or use of Company App, Company's liability shall in no event exceed the greater of: (1) the total of any payments actually made to Company in exchange for Company App during the six (6) months prior to the date of the event giving rise to claim from User; or (2) USD $100.00.
3. The Company shall not be liable for any damages incurred by the User due to grounds other than those for which the Company is at fault, such as the loss or theft of the Mobile Device on which the User downloaded the Company App or the unauthorized use of the User's account by a third party.

16. Governing Law; Arbitration

These Terms of Use shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of laws principles. All disputes arising under or in connection with the use of the Company App or otherwise under these Terms of Use ("Dispute") shall be finally settled by arbitration in Tokyo, Japan in accordance with the arbitration rules of the Japan Commercial Arbitration Association. The language to be used will be English.

17. Terms for Specific Countries

If the User resides in any of the places listed below, the relevant terms shall apply:

United States of America
1. CLASS AND COLLECTIVE ACTION WAIVER
  User and Company agree that any arbitration or court proceeding shall be limited to the Dispute between Company and User individually. USER ACKNOWLEDGES AND AGREES THAT:
  1. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN USER AND COMPANY;
  2. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
  3. USER WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
    Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with these Terms of Use. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, User agrees that the parties' contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a district court of competent jurisdiction within [Tokyo, Japan], to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do User or Company agrees to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
2. EXCEPTIONS
  Notwithstanding the above, User and Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
  1. any Dispute seeking to enforce or protect, or concerning the validity of, any of Company's intellectual property rights;
  2. any Dispute related to, or arising from, claims that the other party has committed piracy, or tortious interference; and
  3. any claim within the jurisdictional limits of the small claims courts.

Established on July 1, 2019
Revised on August 25, 2021