The terms of this service (hereinafter the "Agreement") govern the relationship between customers ("User", "You", or "Customer")
and Pascal Inc. ("Pascal", "We", "Our", or "Company") regarding Your use of "Excite Big Fishing Ⅲ" ("Service").
■Definitions
In this Agreement, We use the following terms.
- "Contents": The information of text, voice, music, pictures, videos, software, program, code, etc.
- "Current Contents": It refers to the content that can be accessed through the Service.
- "Coins": The electronic virtual currency that can be exchanged for services or content to be provided for a fee in this Service.
- "Coins": The electronic virtual currency that can be exchanged for services or content to be provided for a fee in this Service.
- "Individual Terms": The document of present Service that We distributing (or posting) under the name such as "Terms", "Guidelines", "Policy", etc. apart from Agreement.
■Agreement to the Terms
- Customer must use this Service in accordance with the provisions of this Agreement.
- If the Customer is a minor, please use this Service with the consent of the legal representative, such as parental authority (including this Agreement).
- Customer will be deemed to have a valid and irrevocable consent to Agreement by actually using this Service.
- If there is an Individual Terms in this Service, Customer must use the Service in accordance with the other provisions of the Individual Terms of this Agreement.
■Modifying Terms
- Pascal reserves the right to change Agreement and Individual Terms any time (if We determine it's necessary).
- Changed Agreement and Individual Terms will be effective when this Service or in Our website has been posted on the appropriate location.
If You are continuing using this Service after modifying the Agreement and Individual Terms,
You are deemed to have a valid and irrevocable consent to the modified Agreement and adaptive to certain Individual Terms.
When You use this Service, please refer the latest Agreement and Individual Terms that is adaptive any time.
■Privacy (Private Information) Protection
Pascal will properly handle Customer's privacy and private information in accordance with the Application Privacy Policy.
■Service Providing Condition & Restriction
- By using this Service, User shall provide the necessary smart devices, communication equipment, operating system, communication means, electricity, etc. with Your expense and responsibility.
If the Customer is a minor, please use the things above that legal representative such as parental authority agreed to use.
- Pascal reserves the right to limit access to the whole or part of the Service depending upon conditions that We considers necessary, such as age, presence or absence of identification and registration, etc.
- Pascal reserves the right to modify or cancel, by Our discretion, the whole or part of the Service (including specifications, rules, design, audio visual expression, effect,
parameters, scenarios, etc.) at any time without any prior notice to the Users.
■Advertisements
Pascal reserves the right to provide Users with advertisements for Pascal or a third party, through the Service.
■Services of Business Partners
This Service may include a service or Contents provided by other businesses partners cooperating with the Company.
The business partners will bear all responsibility of that service or content. In addition, such Contents and
service may be governed by business partners' Terms of Use and other conditions.
■Contents Use Conditions
- Pascal grants Users the non-transferable, non-re-licensable, and non-exclusive license to use the Current Contents provided by Pascal, only for the purpose of using the Service.
- Eventhough it shows "Purchase" and "Sales" on the service screens, Pascal shall remain the holder of all intellectual property rights
and other rights in the Contents offered to Users by Pascal, and such rights shall not be transferred to Users.
However, only the right to use the Contents above will be granted to Users.
- Customers shall not use the Current Contents beyond the scope of the use aspect of this planned Service (it includes copying, reproduction, and modification).
■Handling of User Information and Play Data
- At the beginning of this Service, Pascal will perform the required User registration automatically.
- User Information, Item Information, Score Information, and Progress that Customers has acquired will be managed on the basis of the account.
- Pascal assumes no obligation to continue holding any of the information, such as User Information and Score Information in the
Service of Customers who finished using this Service.
- In this service, there are productions that other players participate
in the tournament together using their play data.
This isn't a realistic replay, it's just a production based on that player's score.
■Virtual Currency ("Game Coins")
- Game Coins will be provided to Customer by the means that Pascal specified such as purchases, special offers, and the like.
Details regarding the payment methods, units, terms and all other conditions regarding Game Coins will be decided by Company
and displayed accordingly upon the Service.
- You can't use or exchange Game Coins for any other purposes other than the ones offered by the service.
The number of Game Coins required for receiving the offered services or Contents, and terms and condition
of Game Coins will be decided by the Company and displayed accordingly upon the Service.
- Game Coins are available only by the account that You got this.
- Game Coins cannot be refunded for any reason.
However, this doesn't apply if it's required by applicable laws. If this occurs, We shall process
refunds of Game Coins in accordance with the relevant laws.
This information will be posted on Our website etc.
■Prohibition Articles
Customers must not engage the followings below while using this Service.
- Acts that breach the law, judicial decision, resolutions or orders, or administrative measures that are binding legally.
- Acts which may disrupt the public orders or morals.
- Acts that patronage or cooperation with anti-social groups.
- Acts that breach Pascal and/or third party's rights that are granted by the law or contract.
Such as copyrights, trademark right, intellectual property rights and patents, honor, privacy, and all other rights.
- Acts that exploiting and/or disposing Current Contents to the third party by lending data, exchange, transfer, changing name, and dealing
in a way that the Company didn't setted.
- Acts that using service for sales, marketing, advertisement, soliciting or
other commercial purposes (except for those that We approved); Use the service for solicitation to religious activities
or religious groups; Use the service for the purpose of sexual conducts or obscene acts and purpose of meeting
a person for sexual encounters; Use the service for posting the information that corresponds to the child pornography
or child abuse, or acts to be posted; Use the Service for the purpose of harassments or slandering
against other Customers; or Use the service for purposes other than the service's true intent.
- Acts that posting or transmitting violent and/or sexual expressions; lead to discrimination by race,
national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injuring,
or drug abuse; anti-social expressions that include anti-social Contents and lead to the discomfort other Customers.
- Acts that leads to the misrepresentation of the Company and/or a third party, or intentionally spreading false informations.
- Acts that illegally or improperly lead to the collecting, disclosure, or provisioning third party's
personal information, registered information, and user history information, etc.
- Acts of accessing illegally, using other User's ID, receiving a grant of plural Users' ID, etc.
- Acts that impede the servers and network systems of this Service; abusing the
service by using other technical measures; using defects of the Service on purpose;
repeatedly sending the same questions beyond the necessity; demanding undue claim to the Company;
and that interfere with the Company's operation of the Service or the third party's Service.
- Any other acts that We determined that's inappropriate.
■Customer's Responsibilities
- Customers shall use this Service at his/her own risk, and shall bear all responsibility of actions carried out and their results upon this Service.
- If the We acknowledges that Customer is using the Service in a way which violates the
Terms and Conditions, We will take the following measures without any prior notice to the Customer.
However, We shall not be responsible for correcting or preventing such violation towards Customers or others.
- In the case where the Company has suffered damage or has been charged an expense (including lawyer's fees)
directly or indirectly (including cases where the Company have been sued for damages by a third party) due to the
violating applicable laws or the terms and conditions while using the Service, Customers must compensate immediately
the Company upon their request.
■Company's Discharge
- Pascal does not expressly or impliedly guarantee that the Service (including the Current Contents) are factual or
legal flaws (including stability, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose,
security-related faults, errors, bugs, or infringements of rights). Pascal shall not be responsible for providing the Service
without such defects.
- The Company does not assume any responsibility for due to this Service every infringement incurred by Customers.
■Contact
- When We contact to Customers about the Service, We will post on appropriate locations in website.
- When Customers notifies or contacts the Company in regard to the Service, use the Customer inquiry form
available on the website operated by the Company or other means designated by Us.
■Language ,Governing Law, and Jurisdiction
These Agreements will be governed by the laws of Japan.
Conflicts that arise from the Service or conflicts between Customers and the Company related to the
Service will be governed primarily under the exclusive jurisdiction of the Osaka District Court.
END
Agreement Created: December 13, 2017
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