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These Terms of Service (hereinafter referred to as the "TOS") shall apply to any matters between the ‘User', as defined in the TOS, and MUTAN, Inc. (hereinafter referred to as the "Company") of the use of online services (hereinafter referred to as the "Services") for the game software (hereinafter referred to as the "Software") developed by the Company.
Users shall use the Services in accordance with the TOS. Should any User fail to consent to the TOS, such Users may not use the Services. Users shall be deemed to have consented to the TOS when using the Services.
Article 1. Scope and Modification of TOS
1. Users shall be deemed to have consented to the modified or revised the TOS through their continuous use of the Services after the Users have been notified of such modifications or revisions.
2. The Company may, in addition to the TOS, separately notify Users of terms of use, precautions, guidelines and other terms and conditions (hereinafter referred to as "Individual Terms") where appropriate by posting Individual Terms on the official website operated by the Company (hereinafter referred to as the "Website") or through other means. Individual Terms shall constitute part of the TOS, and if any provision of Individual Terms conflicts with the TOS, the provision of Individual Terms shall apply and supersede the TOS from the moment they become available to the User.
3. In addition to these TOS, the Company may, if necessary, stipulate individual terms and conditions for Users (whether referred to as codes of conduct, terms of use, guidelines, etc. shall be hereinafter referred to as "individual terms and conditions").
4. The individual terms and conditions shall form a part of these TOS and in the event of a conflict between them, the individual terms and conditions shall supersede.
5. Users shall be deemed to have consented to the individual terms and conditions when using the individual Services in relation to this service.
6. When Users use the Services on STEAM® and Nintendo Switch Online platforms (hereinafter referred to as the “Platforms”) the necessary terms and conditions will apply for their respective Platforms.
Article 2. Definition of Users
The term "User" means a customer who consents to the TOS (in the plural, "Users"). Users less than eighteen (18) years of age shall be deemed to have obtained the consent of their parents or other persons who have parental authority when consenting to the TOS.
Article 3. Principle of Self-responsibility
1. Users shall use the Services at their own responsibility and shall use the information obtained from the Services at their own risk, bearing all responsibility for such use.
2. Users which cause any loss or damage to a third party or the Company when using the Services, shall pay damages therefor at his/her own expense and responsibility.
3. Users shall prepare the necessary software, communications equipment, subscribe to an internet connection service and make any other necessary preparations at his/her own expense and responsibility for their use of the Services.
Article 4. Management of Personal Information
1. For the protection of personal information, Users must ensure that they shall not include information that leads to his/her identification in any information posted or disclosed by him/her through the Services when using the Services.
2. The Company does not protect information posted on or disclosed within the Services.
Article 5. Ownership of Rights
1. Any rights in and to the Software and the Services, including intellectual property rights (any and all rights including, but not limited to patent rights, utility model rights, trademark rights, design rights, knowhow, trade secrets and copyrights) shall belong to the Company or the third parties in question.
2. Users shall not be entitled to alter, adapt, copy, edit, reproduce, distribute, transmit or publish all pieces of information included in the Software and the Services (any and all kinds of information including, but not limited to images, pictures, characters, scenarios, plots, programs, software and ideas) without the prior approval of the Company.
3. When using the Services, Users shall not have any intellectual property right or claim with respect to data stored on any storage device such as a server for the Services (hereinafter referred to as "Recorded Data"), and Users hereby grant the Company or the third party designated by the Company the right to copy, edit and distribute Recorded Data.
Article 6. Outsourcing of Operation of the Services
The Company shall be entitled to assign to another all or any part of its rights and obligations related to the operation of the Services or outsource to another the operation of all or any part of the Services.
Article 7. Suspension of the Services
The Company may temporarily suspend part of or all of the Services without prior notice to Users in the cases of any of the following items:
(1) Where any failure or other defect occurs in any of the systems used for the Services (including, but not limited to communication lines, power sources, and any structures where the foregoing is accommodated);
(2) Where maintenance, inspection, repair or modification work is regularly or urgently carried out on any systems used for the Services;
(3) Where services for various Platforms cease or are suspended; or
(4) Otherwise where the Company determines that it is necessary to suspend the Services for operational or technical reasons.
Article 8 Discontinuation of Provision of the Services
The Company shall, at any time upon giving prior notice of termination to Users, be entitled to discontinue the provision of all or any part of the Services. In this case, the Company shall notify Users of that fact by posting the same on the Website, by e-mail or through other means the Company thinks reasonable. The notice of termination shall be deemed to have reached all Users upon expiration of thirty (30) days after the Company has started posting such notice on the Website.
Article 9 Prohibited Matters
1. No User shall be entitled to assign to, transfer to, sell to or buy from another, change the name to another's name of, or provide another as pledge or other security with, any of his/her rights held as a User, and items, characters and saved data within the game related to the Software which are obtained in the Services (including so-called "real money trading").
2. No User shall perform any of the following other acts on the Services:
(1) Playing a game in a manner offensive to other Users;
(2) Playing a game using falsified data regardless of the circumstances;
(3) Playing a game in a manner not intended by the Company using any function or failure of the Software or the Services;
(4) Using the Services by impersonating a third party;
(5) Acts that infringe the property or privacy of a third party;
(6) Disclose the personal information of a third party;
(7) Use of the Service for commercial or business activities;
(8) Acts that infringe on posting or announcements on the Website or on the Service;
(9) Acts of unauthorized access to the equipment for the Service used by the Company, or acts that interfere with its use or operation;
(10) Acts that interfere with the operation of the Service, or acts that the Company deems inappropriate in relation to the operation of the Service;
(11) Infringing the intellectual property rights of the Company or a third party;
(12) Acts that infringe on the Company's property, damages the Company's reputation or otherwise causes detriment to the Company;
(13) Actions linked to criminal offences;
(14) Acts that directly or indirectly benefit Anti-Social Forces;
(15) Acts that violate public order and morals;
(16) Any and all acts in breach of the law or these TOS;
(17) Religious activities or solicitation for religious organizations;
(18) The act of displaying obscene images or documents;
(19) Acts that threaten, discriminate against or defame third parties or damage the reputation or credibility of third parties;
(20) Election campaigns or other political activities;
(21) Use or provision of computer viruses or other harmful programs, or acts that may lead to such use or provision;
(22) Any other actions deemed inappropriate by the Company or the third party providing the system used by the Service.
3. With respect to Users who have performed acts prohibited under this Article, the Company or the third party providing any of the systems used for the Services shall be entitled at its discretion to give such Users warnings, delete the Recorded Data of such Users, or have such Users suspend or cease their use of the Services without disclosure of reason.
Article 10 Compensation for Damages
1. Excluding cases of bad faith or gross negligence, the Company shall not be liable in any way to Users for any loss or damage caused to Users and third parties due to the Users’ use of the Services, nor shall the Company be obligated to compensate damages therefor.
2. With respect to the deletion of the Recorded Data of Users, the cessation or cancellation of Users’ registration, or the cessation, suspension or discontinuation of Users’ use of the Services by the Company, the Company shall not be obligated to pay any damages, unless the Company acts in bad faith or gross negligence.
3. Even if the Company is liable for damages for any reason, the Company shall not be liable to compensate damages of an amount exceeding those for the loss or damage directly caused to Users, nor shall the Company be liable to compensate damages for any incidental, indirect, special or future damage, or lost profits.
4. If any User causes any loss or damage to other Users or third parties due to his/her use of the Services, the User shall resolve such issue at his/her own expense and responsibility, and not cause any loss or damage to the Company.
5. If any User causes any loss or damage to the Company due to his/her act in violation of the TOS or his/her improper or illegal actions, the Company shall be entitled to make a claim for damages against the User.
Article 11 Disclaimers
1. Each User shall, if another makes any inquiry or complaint to him/her in connection with his/her use of the Services, or he/she has any request, question or complaint about another's act, deal with and resolve such issue at his/her own expense and responsibility, and the Company shall not be liable or obligated in any way therefor.
2. The User shall, at his/her own discretion, take note and try to avoid excessive use of the Services which may disturb a healthy living environment. The Company shall not be liable for any social, mental or physical damage resulting from the use of the Services.
3. The Company makes no guarantees and accepts no liability for any of the following:
(1) We make no guarantee that the Services will satisfy the requirements of the user;
(2) The Company does not guarantee in any way that the use of the Services will not cause problems with the user's computer or mobile device, and even if problems do occur, the Company shall not be liable in any way;
(3) The Company does not guarantee in any way that the use of the Services will not cause any detriment to the rights or property of the User, and the Company shall not be liable in any way;
(4) The Company does not guarantee in any way the completeness, accuracy and usefulness of the information obtained through the Services by the User.
4. For conflicts of interests or problems between Users arising in connection with the Users’ use of the Services, or for measures taken thereunder by the Company or third parties, the Company shall not be liable in any way whatsoever.
5. Since there is a possibility for the Services to be unavailable depending on the individual environment of each User due to the nature of the Services, the Company shall not warrant that the Services will be available in any environment.
6. The Company shall not warrant in any way that the Services are free of errors or viruses, or otherwise games will progress in a safe manner.
Article 12 Communication Methods
1. Any communication to the User from the Company regarding the Services shall be conducted via an appropriate Services, the Company Website, or by any other method that the Company deems appropriate.
2. Any communication from the User to the Company regarding the Services shall be conducted by sending a contact form designated to the appropriate location through the Company Website, or via a method specified by the Company.
3. Users shall confirm on a regular basis the communication methods according to clause 1. The Company shall not be liable in any way for and detriment or damage to the User caused by the User’s failure to confirm the aforementioned clause.
Article 13 Good Faith Negotiation and Agreement on Jurisdiction
1. If a dispute arises between the User and the Company in relation to the TOS, both parties shall consult in good faith and settle the dispute as amicably as possible.
2. The Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes relating to the TOS (including court mediation proceedings).
Article 14 Governing Law
The TOS shall, including the execution, validity, interpretation and performance hereof, be governed by the laws and regulations of Japan by all means.
Last updated: July 5, 2022
Users shall use the Services in accordance with the TOS. Should any User fail to consent to the TOS, such Users may not use the Services. Users shall be deemed to have consented to the TOS when using the Services.
Article 1. Scope and Modification of TOS
1. Users shall be deemed to have consented to the modified or revised the TOS through their continuous use of the Services after the Users have been notified of such modifications or revisions.
2. The Company may, in addition to the TOS, separately notify Users of terms of use, precautions, guidelines and other terms and conditions (hereinafter referred to as "Individual Terms") where appropriate by posting Individual Terms on the official website operated by the Company (hereinafter referred to as the "Website") or through other means. Individual Terms shall constitute part of the TOS, and if any provision of Individual Terms conflicts with the TOS, the provision of Individual Terms shall apply and supersede the TOS from the moment they become available to the User.
3. In addition to these TOS, the Company may, if necessary, stipulate individual terms and conditions for Users (whether referred to as codes of conduct, terms of use, guidelines, etc. shall be hereinafter referred to as "individual terms and conditions").
4. The individual terms and conditions shall form a part of these TOS and in the event of a conflict between them, the individual terms and conditions shall supersede.
5. Users shall be deemed to have consented to the individual terms and conditions when using the individual Services in relation to this service.
6. When Users use the Services on STEAM® and Nintendo Switch Online platforms (hereinafter referred to as the “Platforms”) the necessary terms and conditions will apply for their respective Platforms.
Article 2. Definition of Users
The term "User" means a customer who consents to the TOS (in the plural, "Users"). Users less than eighteen (18) years of age shall be deemed to have obtained the consent of their parents or other persons who have parental authority when consenting to the TOS.
Article 3. Principle of Self-responsibility
1. Users shall use the Services at their own responsibility and shall use the information obtained from the Services at their own risk, bearing all responsibility for such use.
2. Users which cause any loss or damage to a third party or the Company when using the Services, shall pay damages therefor at his/her own expense and responsibility.
3. Users shall prepare the necessary software, communications equipment, subscribe to an internet connection service and make any other necessary preparations at his/her own expense and responsibility for their use of the Services.
Article 4. Management of Personal Information
1. For the protection of personal information, Users must ensure that they shall not include information that leads to his/her identification in any information posted or disclosed by him/her through the Services when using the Services.
2. The Company does not protect information posted on or disclosed within the Services.
Article 5. Ownership of Rights
1. Any rights in and to the Software and the Services, including intellectual property rights (any and all rights including, but not limited to patent rights, utility model rights, trademark rights, design rights, knowhow, trade secrets and copyrights) shall belong to the Company or the third parties in question.
2. Users shall not be entitled to alter, adapt, copy, edit, reproduce, distribute, transmit or publish all pieces of information included in the Software and the Services (any and all kinds of information including, but not limited to images, pictures, characters, scenarios, plots, programs, software and ideas) without the prior approval of the Company.
3. When using the Services, Users shall not have any intellectual property right or claim with respect to data stored on any storage device such as a server for the Services (hereinafter referred to as "Recorded Data"), and Users hereby grant the Company or the third party designated by the Company the right to copy, edit and distribute Recorded Data.
Article 6. Outsourcing of Operation of the Services
The Company shall be entitled to assign to another all or any part of its rights and obligations related to the operation of the Services or outsource to another the operation of all or any part of the Services.
Article 7. Suspension of the Services
The Company may temporarily suspend part of or all of the Services without prior notice to Users in the cases of any of the following items:
(1) Where any failure or other defect occurs in any of the systems used for the Services (including, but not limited to communication lines, power sources, and any structures where the foregoing is accommodated);
(2) Where maintenance, inspection, repair or modification work is regularly or urgently carried out on any systems used for the Services;
(3) Where services for various Platforms cease or are suspended; or
(4) Otherwise where the Company determines that it is necessary to suspend the Services for operational or technical reasons.
Article 8 Discontinuation of Provision of the Services
The Company shall, at any time upon giving prior notice of termination to Users, be entitled to discontinue the provision of all or any part of the Services. In this case, the Company shall notify Users of that fact by posting the same on the Website, by e-mail or through other means the Company thinks reasonable. The notice of termination shall be deemed to have reached all Users upon expiration of thirty (30) days after the Company has started posting such notice on the Website.
Article 9 Prohibited Matters
1. No User shall be entitled to assign to, transfer to, sell to or buy from another, change the name to another's name of, or provide another as pledge or other security with, any of his/her rights held as a User, and items, characters and saved data within the game related to the Software which are obtained in the Services (including so-called "real money trading").
2. No User shall perform any of the following other acts on the Services:
(1) Playing a game in a manner offensive to other Users;
(2) Playing a game using falsified data regardless of the circumstances;
(3) Playing a game in a manner not intended by the Company using any function or failure of the Software or the Services;
(4) Using the Services by impersonating a third party;
(5) Acts that infringe the property or privacy of a third party;
(6) Disclose the personal information of a third party;
(7) Use of the Service for commercial or business activities;
(8) Acts that infringe on posting or announcements on the Website or on the Service;
(9) Acts of unauthorized access to the equipment for the Service used by the Company, or acts that interfere with its use or operation;
(10) Acts that interfere with the operation of the Service, or acts that the Company deems inappropriate in relation to the operation of the Service;
(11) Infringing the intellectual property rights of the Company or a third party;
(12) Acts that infringe on the Company's property, damages the Company's reputation or otherwise causes detriment to the Company;
(13) Actions linked to criminal offences;
(14) Acts that directly or indirectly benefit Anti-Social Forces;
(15) Acts that violate public order and morals;
(16) Any and all acts in breach of the law or these TOS;
(17) Religious activities or solicitation for religious organizations;
(18) The act of displaying obscene images or documents;
(19) Acts that threaten, discriminate against or defame third parties or damage the reputation or credibility of third parties;
(20) Election campaigns or other political activities;
(21) Use or provision of computer viruses or other harmful programs, or acts that may lead to such use or provision;
(22) Any other actions deemed inappropriate by the Company or the third party providing the system used by the Service.
3. With respect to Users who have performed acts prohibited under this Article, the Company or the third party providing any of the systems used for the Services shall be entitled at its discretion to give such Users warnings, delete the Recorded Data of such Users, or have such Users suspend or cease their use of the Services without disclosure of reason.
Article 10 Compensation for Damages
1. Excluding cases of bad faith or gross negligence, the Company shall not be liable in any way to Users for any loss or damage caused to Users and third parties due to the Users’ use of the Services, nor shall the Company be obligated to compensate damages therefor.
2. With respect to the deletion of the Recorded Data of Users, the cessation or cancellation of Users’ registration, or the cessation, suspension or discontinuation of Users’ use of the Services by the Company, the Company shall not be obligated to pay any damages, unless the Company acts in bad faith or gross negligence.
3. Even if the Company is liable for damages for any reason, the Company shall not be liable to compensate damages of an amount exceeding those for the loss or damage directly caused to Users, nor shall the Company be liable to compensate damages for any incidental, indirect, special or future damage, or lost profits.
4. If any User causes any loss or damage to other Users or third parties due to his/her use of the Services, the User shall resolve such issue at his/her own expense and responsibility, and not cause any loss or damage to the Company.
5. If any User causes any loss or damage to the Company due to his/her act in violation of the TOS or his/her improper or illegal actions, the Company shall be entitled to make a claim for damages against the User.
Article 11 Disclaimers
1. Each User shall, if another makes any inquiry or complaint to him/her in connection with his/her use of the Services, or he/she has any request, question or complaint about another's act, deal with and resolve such issue at his/her own expense and responsibility, and the Company shall not be liable or obligated in any way therefor.
2. The User shall, at his/her own discretion, take note and try to avoid excessive use of the Services which may disturb a healthy living environment. The Company shall not be liable for any social, mental or physical damage resulting from the use of the Services.
3. The Company makes no guarantees and accepts no liability for any of the following:
(1) We make no guarantee that the Services will satisfy the requirements of the user;
(2) The Company does not guarantee in any way that the use of the Services will not cause problems with the user's computer or mobile device, and even if problems do occur, the Company shall not be liable in any way;
(3) The Company does not guarantee in any way that the use of the Services will not cause any detriment to the rights or property of the User, and the Company shall not be liable in any way;
(4) The Company does not guarantee in any way the completeness, accuracy and usefulness of the information obtained through the Services by the User.
4. For conflicts of interests or problems between Users arising in connection with the Users’ use of the Services, or for measures taken thereunder by the Company or third parties, the Company shall not be liable in any way whatsoever.
5. Since there is a possibility for the Services to be unavailable depending on the individual environment of each User due to the nature of the Services, the Company shall not warrant that the Services will be available in any environment.
6. The Company shall not warrant in any way that the Services are free of errors or viruses, or otherwise games will progress in a safe manner.
Article 12 Communication Methods
1. Any communication to the User from the Company regarding the Services shall be conducted via an appropriate Services, the Company Website, or by any other method that the Company deems appropriate.
2. Any communication from the User to the Company regarding the Services shall be conducted by sending a contact form designated to the appropriate location through the Company Website, or via a method specified by the Company.
3. Users shall confirm on a regular basis the communication methods according to clause 1. The Company shall not be liable in any way for and detriment or damage to the User caused by the User’s failure to confirm the aforementioned clause.
Article 13 Good Faith Negotiation and Agreement on Jurisdiction
1. If a dispute arises between the User and the Company in relation to the TOS, both parties shall consult in good faith and settle the dispute as amicably as possible.
2. The Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes relating to the TOS (including court mediation proceedings).
Article 14 Governing Law
The TOS shall, including the execution, validity, interpretation and performance hereof, be governed by the laws and regulations of Japan by all means.
Last updated: July 5, 2022