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“KUUKIYOMI: Consider It! ONLINE” for Steam Terms of Use
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, ONLINE GAMES, MOBILE GAMES, PC GAMES, MOBILE APPLICATIONS OR OTHER ONLINE PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITES, ONLINE GAMES, MOBILE GAMES, MOBILE APPLICATIONS, OR OTHER ONLINE PRODUCTS OR SERVICES.
THESE TERMS OF SERVICE CONTAIN, AMONG OTHER THINGS, A JURISDICTION PROVISION CONTAINING A CLASS ACTION WAIVER.
THESE TERMS OF SERVICE WILL NOT APPLY IF YOU RESIDE IN JAPAN. IF YOU RESIDE IN JAPAN, PLEASE CONFIRM THE TERMS OF USE IN JAPANESE LISTED IN THIS PAGE.
これらの利用規約は、あなたが日本に在住の場合には適用されません。もしあなたが日本に在住の場合には、本ページに掲載されている日本語の利用規約をご参照下さい。
Article 1 (Application of Terms)
1. “KUUKIYOMI: Consider It! ONLINE” for Steam Terms of Use (hereinafter referred to as these "Terms") concern G-MODE Corporation. (hereinafter referred to as the "G-MODE", “we” and “us”) and the game we own, developed and provide called "KUUKIYOMI: Consider It! ONLINE" for Steam (hereinafter referred to as the "Software") along with the general use of specialised services provided in association with it (hereinafter referred to as the "Services"), and shall be applicable between you and G-MODE.
2. Those seeking to use the Services are obligated to agree to these Terms upon starting use of the Services. Additionally, by beginning use of the Software, it is implied that these Terms have been agreed to.
3. ONLY PERSONS WHO ARE 14 YEARS OF AGE OR OLDER MAY USE OR REGISTER FOR THE SERVICES. The Services are not targeted towards, nor intended for use by, anyone under the age of 14. If you are between the ages of 14 and under the age of 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms.
4. The Services are for personal use only. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. When you access the Services, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
5. G-MODE, for Users (as defined below, and including for you), has specially defined the items in the following clauses that also constitute a part of these Terms.
•Privacy Policy
•Regardless of the designation, notices sent from G-MODE to users of the Services individually, or posted within the Services, and the rules of the Services
•The terms of Use, guidelines, etc., for all the individual services that constitute the Services
6. In defining the contents of the previous clauses, for those matters and provisions that are not expressly set forth, it is assumed that the provisions in these Terms will be applied; if there is a difference in the matters and provisions of those preceding clauses and these Terms, then the provisions in these Terms are to be given preference, unless explicitly stated otherwise.
Article 2 (Definitions)
The following clauses include the definitions for relevant words used throughout these Terms.
•The "Site" refers to the public site of the Services if G-MODE opens it.
•"User" or “Users” refers to the person(s) (included you) who initiated use of the Services after starting the Software and agreeing to these Terms.
•"Player Name" refers to a unique sign or name registered in order to use the Services in advance by users seeking to use the Services via a method prescribed by G-MODE.
•"User Account" refers to a Steam account used to play the Software and to use the Services.
•"User Information" is the information registered by a User related to the Services if required.
•"Player Data", in the context of the Services, is data of the Users held independently on a game server that is sent and received through the Services.
•The "Game Currency" can be used in the Services and is virtual currency that is controlled via electronic data provided and managed by G-MODE on the Internet if G-MODE establishes and opens such game currency system and methods incorporated to the Software.
Article 3 (Eligibility and User Information)
1. Only those who agree to these Terms of Use as defined, depending on the users wish to install the Software on, by Valve Corporation which operates the service “Steam”, will be able to apply to use the Services.
2. If for some reason G-MODE has determined that there is an obstacle to compliance with the use of the Services, then G-MODE shall have the right to refuse to accept the Software.
3. User agrees to all the provisions in these Terms, and with respect to User information, is also regarded as having agreed to the following clauses.
•When registering User information if required, the most current, complete, and precise information is to be provided. This information will be held and treated in accordance with the Privacy Policy (see below).
•Registered User information is to be kept current, complete, and precise.
•If User information is determined by G-MODE to be contrary to either of the two preceding clauses, G-MODE reserves the right to suspend or terminate such User’s access to the Software and the Services without giving advance notice or receiving consent.
•If a User suffers any kind of damages as the result of inadequate User information, unless through the intentional fault or gross negligence of G-MODE, G-MODE BEARS NEITHER RESPONSIBILITY NOR LIABILITY WHATSOEVER.
Article 4 (Loss of Eligibility)
1. In addition to cases where the actions of a User are determined to be in violation of these Terms and if the Software has been uninstalled, etc., G-MODE may erase, at its discretion, a part or all of the User in question's Eligibility or the player data stored by the Services without notifying or obtaining consent from the User.
2. In addition to the preceding clause, if G-MODE determines that it is necessary, it can perform similar processing.
3. G-MODE, even after a User has stopped using the Services, regardless of the reason for stoppage, can continue to use any information collected in the process of using the Services that cannot be isolated to a particular User when deemed appropriate for purposes such as improving the Services, etc.
4. In agreeing to the clauses in these Terms, even after a User has stopped using the Services, regardless of the reason for stoppage, these Terms agreed to continue to be in effect.
Article 5 (Management Obligations for Player Name & User Account)
1. Users bear full and sole responsibility for the use and management of their Player Names and User Accounts, and YOU AGREE THAT G-MODE BEARS NEITHER RESPONSIBILITY NOR LIABILITY FOR THEM.
2. The rights to the use of the Services belong only to the User himself/herself. Users shall not make their Player Name and User Account available to a third party, and shall not lend, transfer, change the name on, buy and sell, pledge, etc. them. In the event of improper management of the Player Name or User Account, an error in use, use by a third party, etc. that results in the unintended transmission of information via the Software resulting in damages, the User is considered responsible for said damages, and G-MODE IS NOT LIABLE IN ANY WAY.
3. You acknowledge and agree that Users are themselves responsible for enquiries concerning the operational status, methods of operation, complaints, etc. regarding an external service for the Player Name and/or User Account, and should direct all related enquiries directly to the external service.
YOU AGREE THAT USERS ARE CONSIDERED TO MAKE USE OF EXTERNAL SERVICES AT THEIR OWN RISK, AND G-MODE IS IN NO WAY LIABLE FOR DAMAGES SUFFERED BY USERS FROM THE USE OF EXTERNAL SERVICES.
4. If a User's Player Name or Player Data is stolen and it is found that there is a possibility that it is being used by a third party, then G-MODE is to be notified immediately using the predetermined procedures as stipulated by G-MODE, and if G-MODE provides any instructions, Users are expected to follow them. If your User Account is stolen and it is found that there is a possibility that it is being used by a third party, please give a notice to Steam Service as stipulated by Valve Corporation.
5. If Users, as a result of using or in connection with the Services, cause damages to a third party or G-MODE, those Users are themselves are liable and at their own expense shall provide compensation for the damages.
Article 6 (Use of Personal Information & Disclosure to Third Parties)
G-MODE, in the handling of personal information in the Services, shall handle the information properly based on the Privacy Policy specified separately by G-MODE if G-MODE collects Users’ personal information.
Article 7 (Notification Method)
1. Notifications will be made to Users, except in cases where stated differently in these Terms, via notices within the Services, e-mail, or some other means deemed appropriate by G-MODE.
2. When notifications are sent to Users from within the Services as stipulated in the preceding clause, the time at which a given notification is made within the Services is when it will be presumed that notification of the Users has been completed.
3. When a notification as described in Clause 1 (Article 7.1) is sent via e-mail, at the time when the e-mail is sent to the registered mail address, notification is considered to have been completed.
4. Users must periodically check for announcements or notifications within the Services and for e-mails sent to the e-mail account that they have registered in their User information to confirm (if required) if a notice has been sent from G-MODE.
Article 8 (Communicating & Providing of Information to Users)
1. G-MODE may send push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device (PC, iOS and/or Android) or by changing your settings within our Services.
2. G-MODE will on occasion send e-mail for the purpose of distributing advertisements to Users who have agreed in advance to receive such notifications about related services or about things related to the Services, in whole or in part. Users may stop receiving these e-mails by following a predetermined procedure set by G-MODE.
Article 9 (Player Data)
1. A User, when on the same User Account, will only be able to create one set of player data.
2. Users may not use multiple Player Names and individually create and manage multiple sets of player data on the same User Account. Additionally, if G-MODE determines that a single person is creating and managing multiple sets of player data on the same User Account, the player data in question can be cancelled without providing notice or obtaining consent.
3. If Users use one character name for the Services on multiple devices simultaneously, then there is a possibility of data inconsistencies and other problems occurring, and in the case of such use all responsibility for damages is assumed by the User.
4. If for some reason a User loses his/her User Account, then G-MODE reserve the right to delete that User's player data.
5. G-MODE, regardless of the reason, will not transfer any player data from one set, in whole or in part, to another set of player data.
6. You acknowledge and agree that Users are not permitted to lend, sell, or resell player data to a third party for commercial purposes, or receive money, including electronic currency, or any other kind of property value for it.
Article 10 (Purchase & Use of In-Game Currency and Virtual Items)
G-MODE may offer you the ability to: (a) purchase a limited license to use in-game currency (“Purchased Game Currency”); (b) earn a limited license to use in-game currency by performing specified tasks in the Game (“Earned Currency” together with the Purchased Game Currency, “Game Currency”); and/or (c) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by G-MODE in the Software (collectively, “Virtual Items”). If G-MODE offers the ability to purchase or earn such licenses, G-MODE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Services, subject to these Terms of these Terms and your compliance therewith.
1. Depending on your PC and/or the smartphone on which the Software is installed, there is a procedure for Users to purchase Virtual Items and/or Purchased Game Currency based on the payment methods specified by Apple Inc., Google Inc., other mobile phone carrier companies, or other game platform (e.g. Steam operated by Valve). Only those who agree to each company's terms of use can apply to make use of the Services.
2. Users pay charges generated from purchasing Virtual Items and/or Purchased Game Currency (hereinafter referred to as "Fees"). G-MODE, when successful payment is confirmed through completion of the necessary procedure, will bestow the Virtual Items and/or the Purchased Game Currency to the corresponding game server's player data that was used at the time of conducting the purchase procedure.
3. In certain cases determined by G-MODE aside from those described in the preceding two clauses, Users may be able to obtain Earned Currency through other in-game means as offered by G-MODE from time to time (hereinafter, together with the in-game currency purchasing procedures described in the previous two clauses, referred to as "Game Currency Acquisition"). Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency and Virtual Items are redeemable for money or monetary value from G-MODE or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither G-MODE nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that G-MODE may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. G-MODE, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed.
4. Users, based on the nature of the Internet, understand in advance that there is the possibility of a difference in the time from Virtual Items and/or Game Currency acquisition to the completion of that Virtual Items and/or Game Currency being attributed to the player data.
5. All purchases of Purchased Game Currency and Virtual Items are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise agreed herein. The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of these Terms as follows:
•In the case that a whole or a part of the Services is terminated due to the reasons stipulated in Article 12 of these Terms.
•If the player data described in Article 9 of these Terms has been deleted.
•If for some reason User Account has been lost.
6. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Software and as expressly permitted by G-MODE. Except as otherwise agreed herein, G-MODE reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
7. All purchases of Purchased Game Currency and Virtual Items are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise agreed herein.
8. G-MODE, regardless of the reason, for Game Currency and Virtual Items held separately by Users on the User Account, will not transfer the currency from one set of player data to another set of player data.
9. G-MODE, regardless of the reason, will not transfer Virtual Items or effects that Game Currency has been used to obtain from one set of player data to another set of player data.
10. If a User who are between the ages of 14 and under the age of 18 performs the procedure for purchasing Purchased Game Currency, it will be assumed that the User has obtained consent in advance from a parent or legal guardian, etc.
11. If G-MODE has determined that a User is in violation of the preceding clause, based on these Terms G-MODE reserves the right to suspend or terminate such User’s access to the Software and the Services without giving advance notice or receiving consent.
Article 11 (Software License and Limitations)
1. Subject to these Terms of these Terms and your compliance with these terms, we grant you a non-exclusive, non-transferable, limited license to use the Software for the term of these Terms, on any compatible mobile device ("Devices") that you own or control and solely as permitted by the applicable platform usage rules or terms of use (if any) (collectively, the "Usage Rules"). Any G-MODE Software that updates, supplements or replaces the original Software is governed by these Terms unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with these Terms or as otherwise provided in such separate terms.
2. The preceding states the entirety of your rights with respect to the Software, and we reserve all rights in and to the Software not expressly granted to you in these Terms. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Software (except as expressly permitted by this license or the Usage Rules); (ii) use the Software for any purpose other than your own personal, non-commercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Software; (iv) modify, alter, or create any derivative works of the Software; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; (vi) use the Software for purposes for which it is not designed; or (vii) use the Software on any Device that you do not own or control.
3. The Software is the valuable property of G-MODE and its licensors, and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title, and interest in and to the Software, including all copyright and other intellectual property rights in the Software.
Article 12 (Prohibited Actions)
1. Users are not permitted to engage in the following actions when using the Services.
•Providing false information when registering information for User Account or making changes to registration information.
•The transfer or use of User information to a third party.
•The transfer of the status of User Account to a third party.
•Obtaining multiple Player Names, and the creation of multiple sets of player data on the same User Account.
•Exchanging Game Currency or Virtual Items, etc. in the Services for money or vouchers that have a monetary value, or for points, items, etc. outside the Services, or soliciting, advertising, announcing, or mediating these acts.
•Behaviour that defames or discriminates against others.
•Behaviour that violates the honour, privacy, or trust of others.
•Causing financial or psychological harm to others.
•Impersonating G-MODE, G-MODE's employees, or a third party, or misrepresenting the presence or absence of a partnership or cooperative relationship with G-MODE or a third party.
•Transmitting, posting, or otherwise sending obscene or violent messages, images, video, audio, etc.
•Behaviour contrary to public order and standards of decency.
•Any threatening behaviour.
•Stalking or being offensive to others.
•Infringing on G-MODE’s or a third party’s intellectual property rights (patent rights, design rights, trademark rights, copyrights, etc.).
•Any actions corresponding to solicitation, business, advertising, or promotional activities that have not been approved by G-MODE.
•Use of the Services for commercial purposes without the prior written consent of G-MODE.
•Collecting and storing the personal information of a third party.
•The disclosure, publication, transmission, or distribution of spam mail, etc.
•Gaining unauthorised access to G-MODE's server or a third party server.
•Actions involving the creation, distribution, or use of utilities that modify, reverse engineer, analyse, or otherwise alter the program, etc.
•Unauthorised use of a third party's character name in the use of the Services.
•The release, publication, transmission, distribution, or posting of a URL for a download page of a virus program, etc. to damage various equipment of G-MODE or a third party, or attempting to perform unintended operations that impair the normal operation of G-MODE's equipment or third party equipment.
•The deliberate use of defects in the Services.
•Analysis, replication, copying, revising, adding to, modifying, or use for a secondary purpose, in whole or in part, of the software used in the Services or related data.
•Actions not in keeping with the operating procedures, terms, conditions, provisions, rules, etc. as defined by G-MODE.
•Interference with G-MODE's activities in operating the Services.
•Other behaviour, breaches of etiquette, etc. deemed inappropriate by G-MODE.
•Any other behaviour that G-MODE has announced is prohibited through the Site or the Software.
•Any attempts made at doing anything mentioned in the previous clauses, any behaviour similar to that mentioned in the previous clauses, causing any risk corresponding to any of the clauses, any act related to the clauses carried out against a third party, as well as any other behaviour or actions that G-MODE has deemed inappropriate.
2. If damage is caused to G-MODE or a third party by a User acting in violation of these Terms, regardless of whether or not the person has lost his/her User Account to the Services, then that User shall bear all legal liability.
Article 13 (Service Changes, Restrictions, Suspension, and Termination)
1. If G-MODE, in providing and operating the Services, determines that a situation falls under one of the following clauses, then it may, without advance notice or consent, in whole or in part, enact changes to the Services, place restrictions, temporarily suspend Services, or terminate the Services altogether.
•In the case of performing emergency maintenance should there be a failure of the equipment necessary for operating and providing the Services.
•If due to a war, rioting, an uprising, labour disputes, earthquake, volcanic eruption, flood, tsunami, fire, power outage, or some other emergency or uncontrollable force, G-MODE freely determines that there is difficulty in operating and providing the Services.
•If as the result of an operational, technical, or some other unavoidable reason.
2. For grounds other than those stipulated in the previous section, G-MODE, at its discretion, may use notices on the Site and in the Software, e-mail, or other methods deemed appropriate by G-MODE, in order to provide advance notification to Users, and regardless of consent, terminate the Services in whole or in part.
3. Even in the event that G-MODE makes changes to the Services, places restrictions, suspensions, or even terminates the Services, G-MODE is not liable in any way to Users.
Article 14 (Disclaimer)
1. G-MODE assumes no liability for damages suffered by Users in providing the Services to them, except as set forth in applicable laws and regulations.
2. G-MODE assumes no liability for conflicts or damages resulting among Users or Users and third parties.
3. If the actions of a User are deemed inappropriate with regards to the purpose of the Services, G-MODE reserves the right to delete the player data of the User in question and other information saved in the Services without any prior notification or consent from the User, and offers no guarantee of that data in the event of such a deletion.
4. YOU ACKNOWLEDGE THAT THE USE OF INTERNET IS NOT RISK-FREE. WHILE G-MODE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, G-MODE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THE SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. G-MODE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICES AND THE PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Article 15 (Disclaimer of Warranty and Indemnification)
1. Users agree to use the Services at their own risk, and bear full responsibility for any and all damages suffered as a result of the Services; G-MODE assumes no liability.
2. G-MODE does not provide a guarantee nor can it be held liable for any of the following matters concerning content.
•That the contents of the Services conform to the requests of Users or the purposes for which they intend to use the Services.
•That the Services will be uninterrupted.
•That information received by Users through the Services is accurate and reliable.
•That there are no defects, flaws, or legal errors.
•That the information sent and received through the Services is saved to a predetermined device, received by the intended destination, or that it is displayed and visible on the screen.
•That the Software will work properly on all smartphones or other devices.
3. You will indemnify and hold harmless G-MODE, its subsidiaries, affiliates, officers, employees, agents, and other partners and suppliers (collectively, “G-MODE Parties”) from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of these Terms, arising from a breach of these Terms, or arising from any breach of your representations and warranties set forth above, except to the extent that you are not responsible for such breach, i.e. your acts or omission were not intentional or negligent.
Article 16 (Equipment-Related Preparation & Expenses)
Users bear all responsibility for the preparation and other matters related to the required hardware for the use of the Services, network, etc., as well as the equipment, electricity fees, telephone fees, Internet connection fees, etc.
Article 17 (Compensation for Damages and Limitation of Liability)
1. If G-MODE suffers damages through the actions of Users, or receives claims or complaints from other Users or third parties and suffers damages as a result of the actions of Users, G-MODE shall be able to claim damages against the User in question, and the User in question shall immediately pay the claim amount to G-MODE.
2. If G-MODE suffers damages as the result of a dispute between Users or Users and a third party, the Users will be required to compensate G-MODE for those damages.
3. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION, (3) INTENT OR GROSS NEGLIGENCE, (3) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE SERVICES, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL G-MODE OR THE G-MODE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. IN THE EVENT OF SLIGHT NEGLIGENCE, OR BREACH OF G-MODE’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, G-MODE’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF G-MODE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO G-MODE FOR YOUR USE OF THE SERVICE.
Article 18 (Ownership of Rights, Copy rights and Trademarks)
1. Unless otherwise indicated, all content and other materials on the Services or available through the Services, including, without limitation, the G-MODE logo, DATA EAST logo, and all designs, text, graphics, pictures, information, data, Software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof (collectively, the "Services Materials") are the proprietary property of G-MODE, its sponsors or licensors and are protected by U.S. and foreign copyright or other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation any Game Currency and Virtual Items.
2. G-MODE logos, DATA EAST logos and any other product or service name or slogan from the Services are trademarks of G-MODE and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part. You may not use any metatags or any other "hidden text" utilizing "G-MODE" or any other name, trademark, or product or service name of G-MODE. In addition, the look and feel of the Services (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, or trade dress of G-MODE and may not be copied, imitated, or used, in whole or in part. All other trademarks, registered trademarks, product names, and logos mentioned in the Services are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
3. G-MODE reserves the right to use any ideas, etc. published by Users in the Services relating to the Services free of charge without sending any prior notification to Users or receiving any consent from Users.
Article 19 (Changes & Additions to these Terms)
1. G-MODE reserve the right to optionally change all or part of these Terms or add provisions to these Terms, at any time and for any reason at G-MODE’s sole discretion, without any required consent from Users.
2. If G-MODE alters, amends, or adds provisions to these Terms, Users will be notified of the updates to these Terms through the Site, Software, etc. Users, by using the Services after these Terms have been updated, shall be deemed to have agreed to the new expanded or otherwise altered Terms. G-MODE is not liable for any damages suffered by Users as a result of failing to confirm any additions or changes.
3. We encourage you to review these Terms whenever you access the Services to ensure that you understand these Terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
Article 20 (Binding Arbitration, Jurisdiction of the Court and Governing Law)
PLEASE READ THE FOLLOWING ARTICLE CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION AND JURISDICTION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH G-MODE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM G-MODE (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS).
1. In the context of the Services, if a dispute between User(s) and G-MODE occurs, it is assumed that both parties will confer in good faith with sincerity.
2. If you reside in the United States, Canada and/or Member States of the European Union, pursuant to the preceding clause, if the dispute is not resolved even after both parties have discussed the situation, you and we agree that it shall be referred to and finally resolved by arbitration in Tokyo, Japan in accordance with the rules of the International Chamber of Commerce (“ICC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be three arbitrators and the language of the arbitration shall be English. The ICC Rules and other information about ICC are readily available at . By entering into these Terms, you either (1) acknowledge that you have read and understand the ICC Rules or (2) waive reading the ICC Rules and waive any claim that the ICC Rules are unfair in any way.
3. If you reside in any other location of the United States, Canada, and/or Member States of the European Union, if the dispute is not resolved even after both parties have discussed the situation, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
4. If a part of these Terms has no efficacy due to the mandatory provisions of the laws and regulations of consumer-protection law, etc., then the other parts shall have effect to the fullest extent that they are not contrary to this.
5. These Terms shall be governed by and construed in accordance with Japanese law without regard to its conflict of laws provisions.
Article 21 (Class Action Waiver)
THIS ARTICLE 21 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES OR CANADA, EXCLUDING THE PROVINCES OF QUEBEC AND ONTARIO.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND G-MODE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Article 22 (Miscellaneous)
ThisThese Terms contains the entire agreement between you and G-MODE regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect, except if such provision deprives these Terms from its essential obligations. No party will be deemed as a third-party beneficiary to these Terms and a third party (including Users other than you) who is not a party to these Terms has no right to enforce any term of these Terms. You may not assign these Terms or any of its rights under these Terms without the prior written consent of G-MODE, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of G-MODE to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Article titles in these Terms are for convenience only and have no legal or contractual effect.
Official Notice (Updated) June 19th, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, ONLINE GAMES, MOBILE GAMES, PC GAMES, MOBILE APPLICATIONS OR OTHER ONLINE PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITES, ONLINE GAMES, MOBILE GAMES, MOBILE APPLICATIONS, OR OTHER ONLINE PRODUCTS OR SERVICES.
THESE TERMS OF SERVICE CONTAIN, AMONG OTHER THINGS, A JURISDICTION PROVISION CONTAINING A CLASS ACTION WAIVER.
THESE TERMS OF SERVICE WILL NOT APPLY IF YOU RESIDE IN JAPAN. IF YOU RESIDE IN JAPAN, PLEASE CONFIRM THE TERMS OF USE IN JAPANESE LISTED IN THIS PAGE.
これらの利用規約は、あなたが日本に在住の場合には適用されません。もしあなたが日本に在住の場合には、本ページに掲載されている日本語の利用規約をご参照下さい。
Article 1 (Application of Terms)
1. “KUUKIYOMI: Consider It! ONLINE” for Steam Terms of Use (hereinafter referred to as these "Terms") concern G-MODE Corporation. (hereinafter referred to as the "G-MODE", “we” and “us”) and the game we own, developed and provide called "KUUKIYOMI: Consider It! ONLINE" for Steam (hereinafter referred to as the "Software") along with the general use of specialised services provided in association with it (hereinafter referred to as the "Services"), and shall be applicable between you and G-MODE.
2. Those seeking to use the Services are obligated to agree to these Terms upon starting use of the Services. Additionally, by beginning use of the Software, it is implied that these Terms have been agreed to.
3. ONLY PERSONS WHO ARE 14 YEARS OF AGE OR OLDER MAY USE OR REGISTER FOR THE SERVICES. The Services are not targeted towards, nor intended for use by, anyone under the age of 14. If you are between the ages of 14 and under the age of 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms.
4. The Services are for personal use only. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. When you access the Services, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
5. G-MODE, for Users (as defined below, and including for you), has specially defined the items in the following clauses that also constitute a part of these Terms.
•Privacy Policy
•Regardless of the designation, notices sent from G-MODE to users of the Services individually, or posted within the Services, and the rules of the Services
•The terms of Use, guidelines, etc., for all the individual services that constitute the Services
6. In defining the contents of the previous clauses, for those matters and provisions that are not expressly set forth, it is assumed that the provisions in these Terms will be applied; if there is a difference in the matters and provisions of those preceding clauses and these Terms, then the provisions in these Terms are to be given preference, unless explicitly stated otherwise.
Article 2 (Definitions)
The following clauses include the definitions for relevant words used throughout these Terms.
•The "Site" refers to the public site of the Services if G-MODE opens it.
•"User" or “Users” refers to the person(s) (included you) who initiated use of the Services after starting the Software and agreeing to these Terms.
•"Player Name" refers to a unique sign or name registered in order to use the Services in advance by users seeking to use the Services via a method prescribed by G-MODE.
•"User Account" refers to a Steam account used to play the Software and to use the Services.
•"User Information" is the information registered by a User related to the Services if required.
•"Player Data", in the context of the Services, is data of the Users held independently on a game server that is sent and received through the Services.
•The "Game Currency" can be used in the Services and is virtual currency that is controlled via electronic data provided and managed by G-MODE on the Internet if G-MODE establishes and opens such game currency system and methods incorporated to the Software.
Article 3 (Eligibility and User Information)
1. Only those who agree to these Terms of Use as defined, depending on the users wish to install the Software on, by Valve Corporation which operates the service “Steam”, will be able to apply to use the Services.
2. If for some reason G-MODE has determined that there is an obstacle to compliance with the use of the Services, then G-MODE shall have the right to refuse to accept the Software.
3. User agrees to all the provisions in these Terms, and with respect to User information, is also regarded as having agreed to the following clauses.
•When registering User information if required, the most current, complete, and precise information is to be provided. This information will be held and treated in accordance with the Privacy Policy (see below).
•Registered User information is to be kept current, complete, and precise.
•If User information is determined by G-MODE to be contrary to either of the two preceding clauses, G-MODE reserves the right to suspend or terminate such User’s access to the Software and the Services without giving advance notice or receiving consent.
•If a User suffers any kind of damages as the result of inadequate User information, unless through the intentional fault or gross negligence of G-MODE, G-MODE BEARS NEITHER RESPONSIBILITY NOR LIABILITY WHATSOEVER.
Article 4 (Loss of Eligibility)
1. In addition to cases where the actions of a User are determined to be in violation of these Terms and if the Software has been uninstalled, etc., G-MODE may erase, at its discretion, a part or all of the User in question's Eligibility or the player data stored by the Services without notifying or obtaining consent from the User.
2. In addition to the preceding clause, if G-MODE determines that it is necessary, it can perform similar processing.
3. G-MODE, even after a User has stopped using the Services, regardless of the reason for stoppage, can continue to use any information collected in the process of using the Services that cannot be isolated to a particular User when deemed appropriate for purposes such as improving the Services, etc.
4. In agreeing to the clauses in these Terms, even after a User has stopped using the Services, regardless of the reason for stoppage, these Terms agreed to continue to be in effect.
Article 5 (Management Obligations for Player Name & User Account)
1. Users bear full and sole responsibility for the use and management of their Player Names and User Accounts, and YOU AGREE THAT G-MODE BEARS NEITHER RESPONSIBILITY NOR LIABILITY FOR THEM.
2. The rights to the use of the Services belong only to the User himself/herself. Users shall not make their Player Name and User Account available to a third party, and shall not lend, transfer, change the name on, buy and sell, pledge, etc. them. In the event of improper management of the Player Name or User Account, an error in use, use by a third party, etc. that results in the unintended transmission of information via the Software resulting in damages, the User is considered responsible for said damages, and G-MODE IS NOT LIABLE IN ANY WAY.
3. You acknowledge and agree that Users are themselves responsible for enquiries concerning the operational status, methods of operation, complaints, etc. regarding an external service for the Player Name and/or User Account, and should direct all related enquiries directly to the external service.
YOU AGREE THAT USERS ARE CONSIDERED TO MAKE USE OF EXTERNAL SERVICES AT THEIR OWN RISK, AND G-MODE IS IN NO WAY LIABLE FOR DAMAGES SUFFERED BY USERS FROM THE USE OF EXTERNAL SERVICES.
4. If a User's Player Name or Player Data is stolen and it is found that there is a possibility that it is being used by a third party, then G-MODE is to be notified immediately using the predetermined procedures as stipulated by G-MODE, and if G-MODE provides any instructions, Users are expected to follow them. If your User Account is stolen and it is found that there is a possibility that it is being used by a third party, please give a notice to Steam Service as stipulated by Valve Corporation.
5. If Users, as a result of using or in connection with the Services, cause damages to a third party or G-MODE, those Users are themselves are liable and at their own expense shall provide compensation for the damages.
Article 6 (Use of Personal Information & Disclosure to Third Parties)
G-MODE, in the handling of personal information in the Services, shall handle the information properly based on the Privacy Policy specified separately by G-MODE if G-MODE collects Users’ personal information.
Article 7 (Notification Method)
1. Notifications will be made to Users, except in cases where stated differently in these Terms, via notices within the Services, e-mail, or some other means deemed appropriate by G-MODE.
2. When notifications are sent to Users from within the Services as stipulated in the preceding clause, the time at which a given notification is made within the Services is when it will be presumed that notification of the Users has been completed.
3. When a notification as described in Clause 1 (Article 7.1) is sent via e-mail, at the time when the e-mail is sent to the registered mail address, notification is considered to have been completed.
4. Users must periodically check for announcements or notifications within the Services and for e-mails sent to the e-mail account that they have registered in their User information to confirm (if required) if a notice has been sent from G-MODE.
Article 8 (Communicating & Providing of Information to Users)
1. G-MODE may send push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device (PC, iOS and/or Android) or by changing your settings within our Services.
2. G-MODE will on occasion send e-mail for the purpose of distributing advertisements to Users who have agreed in advance to receive such notifications about related services or about things related to the Services, in whole or in part. Users may stop receiving these e-mails by following a predetermined procedure set by G-MODE.
Article 9 (Player Data)
1. A User, when on the same User Account, will only be able to create one set of player data.
2. Users may not use multiple Player Names and individually create and manage multiple sets of player data on the same User Account. Additionally, if G-MODE determines that a single person is creating and managing multiple sets of player data on the same User Account, the player data in question can be cancelled without providing notice or obtaining consent.
3. If Users use one character name for the Services on multiple devices simultaneously, then there is a possibility of data inconsistencies and other problems occurring, and in the case of such use all responsibility for damages is assumed by the User.
4. If for some reason a User loses his/her User Account, then G-MODE reserve the right to delete that User's player data.
5. G-MODE, regardless of the reason, will not transfer any player data from one set, in whole or in part, to another set of player data.
6. You acknowledge and agree that Users are not permitted to lend, sell, or resell player data to a third party for commercial purposes, or receive money, including electronic currency, or any other kind of property value for it.
Article 10 (Purchase & Use of In-Game Currency and Virtual Items)
G-MODE may offer you the ability to: (a) purchase a limited license to use in-game currency (“Purchased Game Currency”); (b) earn a limited license to use in-game currency by performing specified tasks in the Game (“Earned Currency” together with the Purchased Game Currency, “Game Currency”); and/or (c) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by G-MODE in the Software (collectively, “Virtual Items”). If G-MODE offers the ability to purchase or earn such licenses, G-MODE hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Services, subject to these Terms of these Terms and your compliance therewith.
1. Depending on your PC and/or the smartphone on which the Software is installed, there is a procedure for Users to purchase Virtual Items and/or Purchased Game Currency based on the payment methods specified by Apple Inc., Google Inc., other mobile phone carrier companies, or other game platform (e.g. Steam operated by Valve). Only those who agree to each company's terms of use can apply to make use of the Services.
2. Users pay charges generated from purchasing Virtual Items and/or Purchased Game Currency (hereinafter referred to as "Fees"). G-MODE, when successful payment is confirmed through completion of the necessary procedure, will bestow the Virtual Items and/or the Purchased Game Currency to the corresponding game server's player data that was used at the time of conducting the purchase procedure.
3. In certain cases determined by G-MODE aside from those described in the preceding two clauses, Users may be able to obtain Earned Currency through other in-game means as offered by G-MODE from time to time (hereinafter, together with the in-game currency purchasing procedures described in the previous two clauses, referred to as "Game Currency Acquisition"). Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency and Virtual Items are redeemable for money or monetary value from G-MODE or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither G-MODE nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that G-MODE may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. G-MODE, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed.
4. Users, based on the nature of the Internet, understand in advance that there is the possibility of a difference in the time from Virtual Items and/or Game Currency acquisition to the completion of that Virtual Items and/or Game Currency being attributed to the player data.
5. All purchases of Purchased Game Currency and Virtual Items are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise agreed herein. The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of these Terms as follows:
•In the case that a whole or a part of the Services is terminated due to the reasons stipulated in Article 12 of these Terms.
•If the player data described in Article 9 of these Terms has been deleted.
•If for some reason User Account has been lost.
6. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Software and as expressly permitted by G-MODE. Except as otherwise agreed herein, G-MODE reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
7. All purchases of Purchased Game Currency and Virtual Items are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise agreed herein.
8. G-MODE, regardless of the reason, for Game Currency and Virtual Items held separately by Users on the User Account, will not transfer the currency from one set of player data to another set of player data.
9. G-MODE, regardless of the reason, will not transfer Virtual Items or effects that Game Currency has been used to obtain from one set of player data to another set of player data.
10. If a User who are between the ages of 14 and under the age of 18 performs the procedure for purchasing Purchased Game Currency, it will be assumed that the User has obtained consent in advance from a parent or legal guardian, etc.
11. If G-MODE has determined that a User is in violation of the preceding clause, based on these Terms G-MODE reserves the right to suspend or terminate such User’s access to the Software and the Services without giving advance notice or receiving consent.
Article 11 (Software License and Limitations)
1. Subject to these Terms of these Terms and your compliance with these terms, we grant you a non-exclusive, non-transferable, limited license to use the Software for the term of these Terms, on any compatible mobile device ("Devices") that you own or control and solely as permitted by the applicable platform usage rules or terms of use (if any) (collectively, the "Usage Rules"). Any G-MODE Software that updates, supplements or replaces the original Software is governed by these Terms unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with these Terms or as otherwise provided in such separate terms.
2. The preceding states the entirety of your rights with respect to the Software, and we reserve all rights in and to the Software not expressly granted to you in these Terms. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Software (except as expressly permitted by this license or the Usage Rules); (ii) use the Software for any purpose other than your own personal, non-commercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Software; (iv) modify, alter, or create any derivative works of the Software; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; (vi) use the Software for purposes for which it is not designed; or (vii) use the Software on any Device that you do not own or control.
3. The Software is the valuable property of G-MODE and its licensors, and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title, and interest in and to the Software, including all copyright and other intellectual property rights in the Software.
Article 12 (Prohibited Actions)
1. Users are not permitted to engage in the following actions when using the Services.
•Providing false information when registering information for User Account or making changes to registration information.
•The transfer or use of User information to a third party.
•The transfer of the status of User Account to a third party.
•Obtaining multiple Player Names, and the creation of multiple sets of player data on the same User Account.
•Exchanging Game Currency or Virtual Items, etc. in the Services for money or vouchers that have a monetary value, or for points, items, etc. outside the Services, or soliciting, advertising, announcing, or mediating these acts.
•Behaviour that defames or discriminates against others.
•Behaviour that violates the honour, privacy, or trust of others.
•Causing financial or psychological harm to others.
•Impersonating G-MODE, G-MODE's employees, or a third party, or misrepresenting the presence or absence of a partnership or cooperative relationship with G-MODE or a third party.
•Transmitting, posting, or otherwise sending obscene or violent messages, images, video, audio, etc.
•Behaviour contrary to public order and standards of decency.
•Any threatening behaviour.
•Stalking or being offensive to others.
•Infringing on G-MODE’s or a third party’s intellectual property rights (patent rights, design rights, trademark rights, copyrights, etc.).
•Any actions corresponding to solicitation, business, advertising, or promotional activities that have not been approved by G-MODE.
•Use of the Services for commercial purposes without the prior written consent of G-MODE.
•Collecting and storing the personal information of a third party.
•The disclosure, publication, transmission, or distribution of spam mail, etc.
•Gaining unauthorised access to G-MODE's server or a third party server.
•Actions involving the creation, distribution, or use of utilities that modify, reverse engineer, analyse, or otherwise alter the program, etc.
•Unauthorised use of a third party's character name in the use of the Services.
•The release, publication, transmission, distribution, or posting of a URL for a download page of a virus program, etc. to damage various equipment of G-MODE or a third party, or attempting to perform unintended operations that impair the normal operation of G-MODE's equipment or third party equipment.
•The deliberate use of defects in the Services.
•Analysis, replication, copying, revising, adding to, modifying, or use for a secondary purpose, in whole or in part, of the software used in the Services or related data.
•Actions not in keeping with the operating procedures, terms, conditions, provisions, rules, etc. as defined by G-MODE.
•Interference with G-MODE's activities in operating the Services.
•Other behaviour, breaches of etiquette, etc. deemed inappropriate by G-MODE.
•Any other behaviour that G-MODE has announced is prohibited through the Site or the Software.
•Any attempts made at doing anything mentioned in the previous clauses, any behaviour similar to that mentioned in the previous clauses, causing any risk corresponding to any of the clauses, any act related to the clauses carried out against a third party, as well as any other behaviour or actions that G-MODE has deemed inappropriate.
2. If damage is caused to G-MODE or a third party by a User acting in violation of these Terms, regardless of whether or not the person has lost his/her User Account to the Services, then that User shall bear all legal liability.
Article 13 (Service Changes, Restrictions, Suspension, and Termination)
1. If G-MODE, in providing and operating the Services, determines that a situation falls under one of the following clauses, then it may, without advance notice or consent, in whole or in part, enact changes to the Services, place restrictions, temporarily suspend Services, or terminate the Services altogether.
•In the case of performing emergency maintenance should there be a failure of the equipment necessary for operating and providing the Services.
•If due to a war, rioting, an uprising, labour disputes, earthquake, volcanic eruption, flood, tsunami, fire, power outage, or some other emergency or uncontrollable force, G-MODE freely determines that there is difficulty in operating and providing the Services.
•If as the result of an operational, technical, or some other unavoidable reason.
2. For grounds other than those stipulated in the previous section, G-MODE, at its discretion, may use notices on the Site and in the Software, e-mail, or other methods deemed appropriate by G-MODE, in order to provide advance notification to Users, and regardless of consent, terminate the Services in whole or in part.
3. Even in the event that G-MODE makes changes to the Services, places restrictions, suspensions, or even terminates the Services, G-MODE is not liable in any way to Users.
Article 14 (Disclaimer)
1. G-MODE assumes no liability for damages suffered by Users in providing the Services to them, except as set forth in applicable laws and regulations.
2. G-MODE assumes no liability for conflicts or damages resulting among Users or Users and third parties.
3. If the actions of a User are deemed inappropriate with regards to the purpose of the Services, G-MODE reserves the right to delete the player data of the User in question and other information saved in the Services without any prior notification or consent from the User, and offers no guarantee of that data in the event of such a deletion.
4. YOU ACKNOWLEDGE THAT THE USE OF INTERNET IS NOT RISK-FREE. WHILE G-MODE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, G-MODE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THE SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. G-MODE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICES AND THE PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Article 15 (Disclaimer of Warranty and Indemnification)
1. Users agree to use the Services at their own risk, and bear full responsibility for any and all damages suffered as a result of the Services; G-MODE assumes no liability.
2. G-MODE does not provide a guarantee nor can it be held liable for any of the following matters concerning content.
•That the contents of the Services conform to the requests of Users or the purposes for which they intend to use the Services.
•That the Services will be uninterrupted.
•That information received by Users through the Services is accurate and reliable.
•That there are no defects, flaws, or legal errors.
•That the information sent and received through the Services is saved to a predetermined device, received by the intended destination, or that it is displayed and visible on the screen.
•That the Software will work properly on all smartphones or other devices.
3. You will indemnify and hold harmless G-MODE, its subsidiaries, affiliates, officers, employees, agents, and other partners and suppliers (collectively, “G-MODE Parties”) from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of these Terms, arising from a breach of these Terms, or arising from any breach of your representations and warranties set forth above, except to the extent that you are not responsible for such breach, i.e. your acts or omission were not intentional or negligent.
Article 16 (Equipment-Related Preparation & Expenses)
Users bear all responsibility for the preparation and other matters related to the required hardware for the use of the Services, network, etc., as well as the equipment, electricity fees, telephone fees, Internet connection fees, etc.
Article 17 (Compensation for Damages and Limitation of Liability)
1. If G-MODE suffers damages through the actions of Users, or receives claims or complaints from other Users or third parties and suffers damages as a result of the actions of Users, G-MODE shall be able to claim damages against the User in question, and the User in question shall immediately pay the claim amount to G-MODE.
2. If G-MODE suffers damages as the result of a dispute between Users or Users and a third party, the Users will be required to compensate G-MODE for those damages.
3. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION, (3) INTENT OR GROSS NEGLIGENCE, (3) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE SERVICES, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL G-MODE OR THE G-MODE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. IN THE EVENT OF SLIGHT NEGLIGENCE, OR BREACH OF G-MODE’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, G-MODE’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF G-MODE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO G-MODE FOR YOUR USE OF THE SERVICE.
Article 18 (Ownership of Rights, Copy rights and Trademarks)
1. Unless otherwise indicated, all content and other materials on the Services or available through the Services, including, without limitation, the G-MODE logo, DATA EAST logo, and all designs, text, graphics, pictures, information, data, Software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof (collectively, the "Services Materials") are the proprietary property of G-MODE, its sponsors or licensors and are protected by U.S. and foreign copyright or other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation any Game Currency and Virtual Items.
2. G-MODE logos, DATA EAST logos and any other product or service name or slogan from the Services are trademarks of G-MODE and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part. You may not use any metatags or any other "hidden text" utilizing "G-MODE" or any other name, trademark, or product or service name of G-MODE. In addition, the look and feel of the Services (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, or trade dress of G-MODE and may not be copied, imitated, or used, in whole or in part. All other trademarks, registered trademarks, product names, and logos mentioned in the Services are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
3. G-MODE reserves the right to use any ideas, etc. published by Users in the Services relating to the Services free of charge without sending any prior notification to Users or receiving any consent from Users.
Article 19 (Changes & Additions to these Terms)
1. G-MODE reserve the right to optionally change all or part of these Terms or add provisions to these Terms, at any time and for any reason at G-MODE’s sole discretion, without any required consent from Users.
2. If G-MODE alters, amends, or adds provisions to these Terms, Users will be notified of the updates to these Terms through the Site, Software, etc. Users, by using the Services after these Terms have been updated, shall be deemed to have agreed to the new expanded or otherwise altered Terms. G-MODE is not liable for any damages suffered by Users as a result of failing to confirm any additions or changes.
3. We encourage you to review these Terms whenever you access the Services to ensure that you understand these Terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
Article 20 (Binding Arbitration, Jurisdiction of the Court and Governing Law)
PLEASE READ THE FOLLOWING ARTICLE CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION AND JURISDICTION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH G-MODE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM G-MODE (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS).
1. In the context of the Services, if a dispute between User(s) and G-MODE occurs, it is assumed that both parties will confer in good faith with sincerity.
2. If you reside in the United States, Canada and/or Member States of the European Union, pursuant to the preceding clause, if the dispute is not resolved even after both parties have discussed the situation, you and we agree that it shall be referred to and finally resolved by arbitration in Tokyo, Japan in accordance with the rules of the International Chamber of Commerce (“ICC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be three arbitrators and the language of the arbitration shall be English. The ICC Rules and other information about ICC are readily available at . By entering into these Terms, you either (1) acknowledge that you have read and understand the ICC Rules or (2) waive reading the ICC Rules and waive any claim that the ICC Rules are unfair in any way.
3. If you reside in any other location of the United States, Canada, and/or Member States of the European Union, if the dispute is not resolved even after both parties have discussed the situation, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
4. If a part of these Terms has no efficacy due to the mandatory provisions of the laws and regulations of consumer-protection law, etc., then the other parts shall have effect to the fullest extent that they are not contrary to this.
5. These Terms shall be governed by and construed in accordance with Japanese law without regard to its conflict of laws provisions.
Article 21 (Class Action Waiver)
THIS ARTICLE 21 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES OR CANADA, EXCLUDING THE PROVINCES OF QUEBEC AND ONTARIO.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND G-MODE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Article 22 (Miscellaneous)
ThisThese Terms contains the entire agreement between you and G-MODE regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect, except if such provision deprives these Terms from its essential obligations. No party will be deemed as a third-party beneficiary to these Terms and a third party (including Users other than you) who is not a party to these Terms has no right to enforce any term of these Terms. You may not assign these Terms or any of its rights under these Terms without the prior written consent of G-MODE, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of G-MODE to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Article titles in these Terms are for convenience only and have no legal or contractual effect.
Official Notice (Updated) June 19th, 2022