End User License Agreement for users in the United States of America

Updated: October 15, 2021

IMPORTANT: PLEASE READ—USE MEANS ACCEPTANCE!!

Introduction

Welcome, and thank you for your interest in our mobile game software and media dedicated to that software ("Services"). By installing, using, or accessing our Services you signify that you have read, understood and agree to be bound by this End User License Agreement and any additional terms and conditions, notices and disclaimers displayed in the Services (collectively, the “EULA”), and have also read, understood, and agree to be bound by the Services’ Privacy Policy (“Privacy Policy”), whether or not you are a registered user of the Services. In this EULA, "DGT", "us", "we", or "our" means DeNA Games Tokyo Co., Ltd. and its subsidiaries. This EULA applies to all visitors, users, and others who access the Services. All references to “you” or “your,” as applicable, mean the person who accesses or uses the Service in any manner, and each of your heirs, assigns, and successors. If you don’t agree with the EULA, please do not use the Services.

Please review and refer to the Privacy Policy to understand the Services’ collection, use, transmission and disclosure of your personal information provided by or collected from you and the choices you have when you use the Services.

Some exceptions to the EULA may apply based on your country of residence. Any such exceptions are stated in the country-specific sections below.

If you breach the terms of this EULA, we may take action against you, including but not limited to terminating your account or access to the Services. You acknowledge that DGT has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

1. Eligibility and Use of Services

You must be at least 18 years old to access our Services. By agreeing to this EULA, you represent and warrant to us that you are at least 18 years old. By accessing our Services, you (or your parent or legal guardian, as applicable) are agreeing that you will comply with the terms and conditions of this EULA. If you are under the age of 18 or under the age of legal majority where you access our Services (“minor”), you must get your parent or legal guardian to accept this EULA in order to use the Services. Please draw your parent or legal guardian’s attention to this EULA. If you are a parent or legal guardian of a minor, and you are permitting such minor to use the Services, you are also agreeing that the minor will be bound by this EULA.

2. Device Usage

You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the telecommunication service provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.

DGT does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.

3. License

(a) Grant. Subject to your compliance with this EULA, DGT grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Services on a mobile device and to run such copy of the Services solely for your own personal, non-commercial purposes. Except as expressly permitted in this EULA or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Services; (b) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (c) reverse engineer, decompile, or disassemble the Services; or (d) make the functionality of the Services available to multiple users through any means. DGT reserves all rights in and to the Services not expressly granted to you under this EULA.

With the exception of third-party materials as addressed below, all content of our Services, including text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files (“DGT Content”) is proprietary of DGT and its licensors. DGT hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to run, reproduce and display DGT Content on your Device solely for your personal and non-commercial use.

Except as permitted by this EULA, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any DGT Content. Any unauthorized use of DGT Content may violate our copyright, trademark, patent, trade secret, or other applicable rights and will result in the termination of this license. Except only as expressly set forth in this EULA, this EULA does not grant to you any license to any intellectual property rights or other proprietary rights.

(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.

(c) No Sale. You agree that our Services and any DGT Content are at all times licensed and not sold.

4. Virtual Items and Virtual Currency

DGT owns, has licensed, or otherwise has the rights to use all DGT Content appearing or originating in our Services, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency"). Virtual Items and Virtual Currency are provided solely for your personal and non-commercial use. They may only be used in our Services: they have no "real world" value, monetary or otherwise, and are non-redeemable and non-transferable outside the Services. Any balance of Virtual Items or Virtual Currency does not reflect any stored value and you agree that Virtual Currency and Virtual Items have no monetary value and do not constitute currency or property of any type. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in our Services by the terms of this EULA; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

Virtual Currency may be redeemed only for Virtual Items for use in the Services, and can never be sold, transferred, redeemed or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Currency and/or Virtual Items from us and through means provided by us, and not from any third party unless expressly authorized by us. Once you acquire a license to Virtual Currency or Virtual Items, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of this EULA and may result in cancellation of such Virtual Currency or Virtual Items or the termination of your account.

During the term of your license to your Virtual Currency, you may redeem your Virtual Currency for selected Virtual Items. As set forth below, all Virtual Currency, Virtual Items, and other DGT Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Currency and Virtual Items are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Items once the transaction has been made.

Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Currency, Virtual Items, the DGT Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Currency or Virtual Items, we will generally provide advance notice to you by posting a notice through the Services or through other communication methods.

5. Orders and Payment

(a) Orders. If you are a parent or legal guardian of a user that is a minor, payments will only be made with your consent. You may purchase, with "real world" money, a limited license to access our Services (where our Services is made available for a fee) and/or limited licenses to use Virtual Items or Virtual Currency (any license, “Access”), and you agree that all Access purchases are final. If you order Access that becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor.

Your orders for Access are offers for use of that content, and if accepted that content will be immediately downloaded to your account. You expressly consent to making available of that content immediately upon acceptance of your order.

(b) Charges, Taxes. You are responsible for and will pay all fees, charges, and applicable taxes incurred by you or anyone using a game account registered to you. Note also that you may be charged use, VAT, sales, or like tax on your orders as applicable.

6. Third-Party Content and Services

(a) Links to Content. Our Services may contain links to third-party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. DGT is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed, or views espoused on or in, such websites or content, and DGT does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content. DGT's inclusion of any linked website or third-party content in connection with our Services does not imply approval or endorsement of such website or content by DGT. If you follow a link to a third-party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and the Privacy Policy and other policies and practices do not apply to any information gathered by such third party.

(b) Advertising. DGT takes no responsibility for third-party advertisements or third-party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third-party advertisements through our Services, nor does it take any responsibility for goods or services provided by its advertisers. DGT is not responsible for the conduct, whether online or offline, of any user of the Services. Reference to any products, services, content, or other information, whether by traDGTme, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by DGT.

(c) Third-Party Services. Our Services may provide direct integration/access or the option to services of third parties ("Accessed Services"). The above paragraphs (a) and (b) apply equally to Accessed Services. Further, you agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.

7. User Conduct

(a) General. You may use our Services solely for your personal and non-commercial use.

You represent, warrant, and agree that:

In addition to the above, you agree not to do any of the following in connection with our Services or Accessed Services:

(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(c) Legal Action by DGT. DGT reserves the right to investigate and take legal action against violators of this EULA, or any other app, game or site-specific terms of use as appropriate.

(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at support@hypercasual.jp.

8. Termination

(a) Right to Terminate. DGT reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate access to our Services or Accessed Services or any portion thereof, including any accounts created, at any time with or without prior notice or explanation, for any or no reason, and without liability, including where DGT determines or believes, in its sole discretion, that you have violated this EULA or to protect DGT, third parties, our Services, or users of the Services from perceived harm. You acknowledge that DGT has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account. Furthermore, you agree and acknowledge that DGT has the right to report users to law enforcement authorities where necessary. DGT reserves the right to terminate your account if there has been no account activity for more than 1 year.

(b) Right to Monitor. You acknowledge that DGT has no obligation to monitor or record your access to or use of our Services or Accessed Services, including any accounts, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this EULA, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

(c) Upon termination of any Services or your account, the following provisions of this EULA will survive: Sections 2, 3, 4, 5, 6, 8, 10, 11, 12 13, and 15 and this sentence on termination.

(d) An account that has been terminated, for whatever reason, including accidental deletion of the mobile application by the user, cannot be revived and all data, information, material and other content associated with it shall be unrecoverable.

9. Privacy

The privacy of the users of the Services is important to DGT. Our Privacy Policy, which is incorporated into this EULA by reference, is available here.

10. Disclaimers; No Warranties

YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND DGT HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FURTHERMORE, DGT HEREBY EXPRESSLY DISCLAIM ANY LOSS OR DAMAGE CAUSED AS A RESULT OF VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL ARISING FROM A USER'S USE OF THE SERVICES, AND USERS ARE RESPONSIBLE FOR USING THEIR OWN VIRUS PROTECTION SOFTWARE.

DGT MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DGT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.

11. Limitation of Liability

IN NO EVENT WILL DGT AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DGT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DGT'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DGT'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.

12. Disputes

(a) With Third Parties. You are solely responsible for your interactions with third parties.

(b) Governing Law. You agree that the laws of Japan, excluding its conflicts of law rules, will govern this EULA and any dispute between you and DGT.

(c) Jurisdiction and Venue. You and DGT agree to submit to the exclusive jurisdiction of, and venue in, the Tokyo District Court in Japan with respect to any dispute between you and DGT. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DGT from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

13. Indemnity

You agree to indemnify and hold harmless DGT, its affiliates, and their directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services or Accessed Services; (ii) your breach of this EULA or our Privacy Policy; and (iii) your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this EULA, our Privacy Policy, or your use of our Services.

14. Changes to EULA

We reserve the right to change, amend or modify this EULA at any time. If we change this EULA in a material way, we will give notice of that in the Services, on our website, and/or by email to any email address we may have for you at that time. Your use of our Services after we have changed the EULA will indicate that you have read, understood and agree to be bound by the updated EULA.

15. Miscellaneous

You accept this EULA by accessing our Services. This EULA constitutes the entire agreement between you and DGT regarding your use of our Services. If any provision of this EULA is determined to be invalid or unenforceable such provision will be deemed severed from this EULA and the remaining provisions of this EULA will not be affected thereby and will continue to be binding upon you and enforceable. The failure of DGT to insist upon strict performance of any of the provisions contained in this EULA will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this EULA. This EULA and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. DGT may freely assign this EULA and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, our website, by email, or by any other means that you may inform us of.

Except as otherwise provided in this EULA, all notices given by you under this EULA shall be made by post to:

DeNA Games Tokyo Co., Ltd.,,
3-3 Neribei-cho, Kanda, Chiyoda-ku, Tokyo
101-0022 JAPAN ADDRESS].

Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third-party beneficiaries of this EULA, and will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. If you have any questions concerning our Services or this EULA, or for any product or support issues, please contact us at support@hypercasual.jp.

© DGT 2021