TERMS OF SERVICE


Terms of Use

The User (defined in Clause 2.4) and Active Gaming Media Inc. (hereafter "AGM") shall comply with this agreement and the Contract of Use (defined in clause 2.5) based on this agreement, relating to the use of Content (defined in clause 2.1) provided to the user by AGM.

Clause 1 (Applications)

This agreement aims to establish the relationship of rights and obligations between AGM and the User (defined in Clause 2.4) regarding the conditions of provision and use of the Content (defined in Clause 2.1), and is applied to all relations concerning the use of Content between AGM and the User.

Clause 2 (Definitions)

In this agreement, the following terms have the following meanings.

(1) "Content"

The application software "Astro Boy: Edge of Time" provided to the User by AGM.

(2) "Paid Content"

Virtual currency used for paid services, paid items, and Content provided to the User by AGM.

(3) "Website"

All websites managed by AGM.

(4) "User"

Individuals and legal entities who consent to this agreement and use the Content.

(5) "Contract of Use"

The contract between AGM and the User, based on this agreement.

(6) "Device Used"

The PC, smartphone, tablet, or other information device employed by the User to use the Content.

Clause 3 (Amendments to Agreement)

1. AGM may amend the contents of this agreement without gaining the consent of the User. In such a case, AGM will give notice via the Website or Content by whatever means it deems appropriate after amendments have taken place.

2. Should AGM amend this agreement, once notice has been given as detailed in the previous point, the Contract of Use based on the amended agreement shall come into effect as soon as the User has used the Content.

Clause 4 (Conclusion of Contract of Use)

The Contract of Use establishes consent to the methods specified by AGM in this agreement on the part of the individuals and legal entities that wish to use the Content and Paid Content.

Clause 5 (Use of Content)

1. The User may use the Content and Paid Content once the Contract of Use has been established according to Clause 4.

2. The User may use the Content and Paid Content within Japan, but may not use the Content or Paid Content outside of Japan.

3. Should the User use the Content or Paid Content outside of Japan, AGM does not guarantee that the Content and Paid Content will function correctly. AGM bears no responsibility for any damage caused to the User should they use the Content or Paid Content outside of Japan.

Clause 6 (Payment)

1. Basic usage of the Content provided to the User by AGM is free. While there is no charge to commence using the Content, the User will be billed in the event of purchase of Paid Content while using the Content, and must pay this charge.

2. When the User purchases any Paid Content, charges for Paid Content must be paid as displayed on the Content provided by AGM, following the method described in the Content.

3. The Paid Content can only be used within the Content, and only to the extent and for the purpose specified by AGM.

4. Unless AGM has given prior written consent, the User may not exchange the Paid Content for money, property, or any other economic gain.

5. AGM may display the conditions of use for Paid Content in the Content or on the Website. If such conditions are displayed, the User must use the Paid Content in accordance with the aforementioned conditions.

6. If the User is a minor, adult ward, under curatorship, or under assistance, said User must have the consent of a parental authority or other legal representative, guardian, curator, or assistant to purchase Paid Content.

Clause 7 (Compliance with Agreement)

The User must comply with this agreement and notifications from AGM in using the Content and Paid Content.

Clause 8 (Communication Equipment Maintenance and Management of ID and Transfer Codes)

1. The User utilizes Content and Paid Content at his or her own expense and is responsible for preparing any necessary Device Used, communication equipment, software, or any other related equipment, as well as for joining an internet connection service and entering into any line contracts.

2. AGM cannot guarantee that the User will be in an operating environment capable of the network communication required in order to use the Content and Paid Content.

3. AGM does not bear any responsibility should the User be unable to use Content or Paid Content due to a problem with their Device Used, communication equipment, software, any other associated and necessary equipment, telecommunications lines, or internet connection services.

4. The User shall carefully store and manage the User ID and Transfer Code (code issued by AGM, necessary to transfer information related to Content and Paid Content to a Device Used. Hereafter "Transfer Code") required to use the Content and Paid Content, and actions undertaken with the User ID and Transfer Code issued to the User shall be considered to be the User's actions.

5. AGM does not bear any responsibility for any damage caused by poor management, misuse, or third party use of the User ID or Transfer Code; this is the responsibility of the User.

Clause 9 (Prohibited Items)

The User is prohibited from all actions listed below.

(1) Actions that infringe or which may infringe upon the rights or legal benefits of AGM, other users, or third parties (including, but not limited to, copyrights, patent rights, trade secrets, property rights, reputation rights, and privacy rights)

(2) Actions that cause or are likely to cause damage to AGM, other users, or third parties

(3) Actions that slander or defame AGM, other users, or third parties

(4) Actions that allow a third party use Content or Paid Content without the prior written consent of AGM

(5) Actions involving the exchange of Content and rights based on this contract (including, but not limited to, User ID and the right to use Paid Content) for money, property, or other economic benefit without the prior written consent of AGM

(6) Actions involving the acquisition of multiple User IDs or Transfer Codes for the same User, whether personally or for a third party, without the consent of AGM

(7) Actions involving the improper use of the User ID or Transfer Code (including, but not limited to, using a User ID or Transfer Code that was not issued to that User)

(8) Actions enabling a third party to use the User ID or Transfer Code without the prior written consent of AGM

(9) Actions that obstruct or are likely to obstruct the provision of Content

(10) Actions that use or carry out harmful programs such as computer viruses that impact use of AGM's Website or Content

(11) Criminal acts and actions that violate or are likely to violate public order and morals

(12) Actions that violate or are likely to violate the law

(13) Actions that circumvent the security system and authentication system established for the content

(14) Carrying out reverse engineering such as disassembly, decompiling, manipulating, or changing all or part of the Content

(15) Actions that disguise the location information of the Device Used

(16) Actions that use location information of the Device Used for improper purposes

(17) Actions that improperly rewrite or erase the location information of the Device Used

(18) Actions that impersonate AGM or a third party, or actions that intentionally circulate falsehoods

(19) Actions involving sending the same or similar messages to a large number of Users (excluding cases with the prior consent of AGM), and other actions AGM judges to be spam

(20) Actions that involve posting or sending excessively violent expressions; openly sexual expressions; expressions related to discrimination against race, nationality, creed, sex, social status, or lineage; expressions that induce or promote suicide, self harm, or drug abuse; expressions that create discomfort in others, including other antisocial subjects

(21) Actions intended for sales, promotion, advertising, solicitation, and other commercial purposes (excluding cases with the prior consent of AGM)

(22) Actions with sexual or otherwise obscene intentions; actions with the intention of meeting or gaining acquaintance with a member of the opposite sex with whom you have no prior acquaintance

(23) Actions aiming to harass or slander other users

(24) Actions that cause disadvantage, damage, or discomfort to AGM, other users of the Content, or other third parties

(25) Other collaborative actions that involve profit for antisocial forces

(26) Actions that solicit religious activity or joining a religious group

(27) Actions in which a minor uses Content or purchases Paid Content without gaining the consent of his or her parental authority or other legal representative

(28) Actions in which an adult ward, person under curatorship, or person under assistance uses Content or purchases Paid Content without gaining the consent of his or her guardian, curator, or assistant

(29) Actions that directly or indirectly cause or facilitate any of the above

(30) Any other actions AGM judges to be inappropriate

Clause 10 (AGM's Responsibility of Maintenance)

AGM is responsible for making reasonable business efforts to ensure quality of Content, as premised on technical standards at the time of Content provision.

Clause 11 (Handling of Personal Information)

1. The User consents in advance to the collection and use of information that can identify an individual user (hereafter "Personal Information"), Content use history, Content access history, Android advertising ID (ID provided by Google Inc. Can be deleted via settings of Device Used), and location information of Device Used (hereafter generalized as "Background Information") through Content and services connected to Content for the following purposes.

(1) Providing Content and services connected to Content

(2) Using Content and services connected to Content (for example, using and specifying the location information of another user who utilizes Content with the User)

(3) Responding to queries from users

(4) Carrying out market research and trend analysis on Content

(5) Connecting with permanent device ID (including, but not limited to, IMEI) in order to improve Content and services related to Content

(6) Seeking consent to use Personal Information or Background Information again in the future

(7) Other uses within a scope for which AGM has obtained separate consent from the User

2. The User consents in advance to consign Personal Information and Background Information required by AGM for the uses detailed from (1) to (7) in this Clause.

3. The User consents in advance for AGM to process their market research and trend analysis data in a manner that cannot be used to identify the User, and for AGM to release and provide this to a third party.

4. AGM will not release or provide any of the User's Personal Information or Background Information obtained through the Content to a third party, except in cases when Clauses 11.2 or 11.3 or any of the following apply.

(1) When the User agrees to release their Personal Information or Background Information to the relevant third party

(2) When the release of the User's Personal Information or Background Information is required by law

(3) When AGM reasonably judge it is necessary in order to protect AGM's or a third party's (e.g. another user's) life, health, property, or rights

(4) When it is necessary otherwise for content management

5. AGM shall comply with the law regarding the protection of Personal Information in the event that any Personal Information is acquired.

Clause 12 (Suspension of Content Provision)

1. The User consents in advance to the fact that AGM may suspend provision of Content and Paid Content should any of the following apply.

(1) Cases in which the aforementioned are suspended in order to carry out system expansion or maintenance on all or part of the equipment such as systems, hardware, or software necessary in the provision of Content

(2) Cases in which problems with equipment such as systems, hardware, and software necessary to the provision of Content are repaired

(3) Cases in which a third party gains illegal access and AGM deems this a reasonable cause to suspend content

(4) Cases in which a state of emergency such as a natural disaster or calamity occurs or is likely to occur

(5) Cases in which there is an unavoidable cause, such as a malfunction in the telecommunications equipment used by AGM

(6) Cases in which AGM otherwise judges it necessary to suspend all or part of the Content provision

2. AGM does not bear any responsibility for any damages that the User may incur as a result of the aforementioned suspension in Content provision.

3. When the provision of Content is suspended according to the provisions of clause 12.1, as a rule AGM will notify the User of the reason and the date and time period of the suspension of provision in advance. However, this may not be the case in urgent or other unavoidable circumstances.

Clause 13 (Handling of Information Regarding Content)

1. Should any of the following apply, AGM may erase, move, or otherwise alter information relating to Content and Paid Content to any degree.

(1) Should the provision of Content be terminated

(2) Should an action listed in Clause 9 (Prohibited Items) be carried out

(3) Should this agreement be violated and the offense remain unresolved even after provision of notice to rectify the relevant offense within 1 week

(4) Should AGM deem it necessary for management and maintenance of this service

(5) Should it be deemed necessary otherwise

2. AGM is not obliged to alter information regarding Content and Paid Content for the User

3. AGM does not bear any responsibility should any damages be incurred by the User as a result of changes undertaken or not undertaken as per Clause 13.1, except in cases of malicious intent or gross negligence.

Clause 14 (Suspension of Content Use)

1. The User consents in advance to the fact that AGM may suspend usage of Content and Paid Content by relevant Users if any of the following apply.

(1) Should an action listed in Clause 9 (Prohibited Items) be carried out

(2) Should this agreement be violated and the offense remain unresolved even after provision of notice to rectify the relevant offense within 1 week

(3) Should an action deemed as inappropriate be carried out

2. AGM does not bear any responsibility for any damages that the User may incur as a result of the aforementioned suspension in Content and Paid Content use.

3. When the use of Content and Paid Content is suspended as per Clause 14.1, as a rule AGM will notify the User of the suspension, reason for suspension, and the date and time period of the suspension in advance. However, this excludes cases of urgent or unavoidable circumstances.

4. Should use be suspended as per Clause 14.1, the User may not use any Paid Content. AGM is not obliged to refund any money paid by the User for this Paid Content.

Clause 15 (Termination of Content and Transfer to Third Party)

1. The User consents to the fact that AGM may alter the Content or terminate Content provision in whole or in part by giving suitable advance notice (advance notice will be posted on the Website).

2. Should all or part of the Content provision be terminated as stipulated above, AGM shall also delete the Paid Content.

3. Should all of the Content provision be terminated as stipulated in Clause 15.1, the Contract of Use shall also be terminated.

4. AGM does not bear any responsibility for any damages incurred by the User through the previous 3 items, unless there is a legal obligation to refund money.

5. The User consents in advance to the fact that AGM may transfer all or part of the rights and obligations in this agreement to a third party, and to the fact that a third party may inherit them.

Clause 16 (Intellectual Property Rights)

1. The copyright, patent rights, utility model, trademark rights, design rights (including the right to receive registration in all of the aforementioned), trade secrets, and all other rights regarding the Content and Paid Content belong to AGM within Japan and globally.

2. The User may not use or allow a third party to use any kind of copyrighted works provided through the Content and Paid Content, or any other intellectual property in any way other than those established in this agreement or those established for Content provided, without permission from AGM.

3. Regarding the preceding item and Clause 16.2, should an issue or dispute occur between the User and a third party, it is the User's responsibility to resolve the relevant issue or dispute at their own expense without impediment or damages to AGM.

Clause 17 (Damages and Disclaimers)

1. AGM does not bear any responsibility for any damages incurred by the User through causes not attributable to AGM, such as those attributable to natural disasters and calamities, any other forces majeure, or telecommunication companies.

2. Should any damages be incurred by the User through causes attributable to AGM, AGM shall take responsibility for damages. The upper limit for damages is to be the amount of money spent by the User in the month containing the day damages were incurred by the User, in the Content through which damages were incurred. However, should gross negligence on the part of AGM be identified, the stipulation of an upper limit of damages shall not apply.

Clause 18 (Prohibition of Transfer of Rights and Obligations)

The User may not transfer, loan, buy or sell, name change, or dispose of as other collateral to a pledging establishment, the rights and obligations stemming from this Contract of Use to a third party in whole or in part.

Clause 19 (Cancellation of Contract by AGM)

1. Should any of the following apply to the User, AGM may immediately cancel the Contract of Use with the relevant User and terminate the provision of Content and Paid Content without any prior notification.

(1) Should an action defined in Clause 9 (Prohibited Items) be carried out

(2) Should the User make false reports or claims to AGM

(3) Should seizure, provisional seizure, temporary injunction, or foreclosure be carried out against the User

(4) Should the User receive a disposition for failure to pay taxes and public dues

(5) Should a decision be reached to commence procedures against the User regarding bankruptcy, civil rehabilitation, corporate rehabilitation, or special liquidation, or when these allegations are found to be true

(6) Should this agreement be violated and the offense remain unresolved even after provision of notice to rectify the relevant offense within 1 week

(7) Should an action that AGM deems inappropriate be carried out

2. Should the Contract of Use be cancelled due to the items above, AGM shall suspend provision of Content immediately after the cancellation of the contract. AGM may also erase data stored on the Content relating to the User at its own discretion.

3. Should the contract be cancelled as per Clause 19.1, it shall remain in effect in the future. In this event, AGM holds no obligation to refund any of the money paid by the User for Paid Content.

Clause 20 (Separability)

Should the terms of this agreement be judged as invalid in whole or in part by the Consumer Contract Act or other laws, all other stipulations in this agreement shall retain full validity.

Clause 21 (Governing Law)

The establishment, validity, and cancellation of the Contract of Use, as well as the fulfillment of obligations that arise from this Contract of Use, are based on Japanese law.

Clause 22 (Consensual Jurisdiction)

1. Should an issue arise between the User and AGM regarding this agreement or the Contract of Use, it shall be settled through sincere negotiations between the two parties.

Supplementary provisions

Enacted November 11th 2016