Voltage INC – Terms of Use Agreement English version

This is an official statement I copy from Voltage game application. I posted it here for references.

Posted on April 16, 2016.

(After School Affairs) Terms of Use Agreement

This Terms of Use Agreement sets forth matters agreed between customers who use (After School Affairs) (hereinafter, the “Application”) (“you”) and Voltage Inc. (hereinafter, “Voltage”).
Before using the Application, you must agree to the contents of this Terms of Use Agreement.

The Application is merely licensed to you, not sold. Terms used herein may include terms defined in the Japanese Copyright Act, the Patent Act and other applicable laws, unless otherwise defined herein.

1. Limited License Conditions
A. License
Voltage shall grant a non-exclusive, non-transferrable, limited license which solely applies to you, to install and use the Application on a single mobile device for a non-commercial purpose (hereinafter, the “License”), in accordance with the terms of use shown on the download site of the Application (hereinafter, the “Sale and Service Terms”).
The License granted to you shall be conditioned upon your compliance with this Agreement. Any commercial use of the Application is prohibited.
You shall be strictly prohibited from copying, renting, leasing, transferring, publicly transmitting or otherwise distributing the downloaded Application, or transferring or sub-licensing the rights to use the Application.
The effective term of the License granted to you shall commence on the date that you install or use the Application and shall end on the date that you dispose of the Application or the date that Voltage terminates the License, whichever is earlier.
If you try to avoid technology protection measures for the Application, the License granted to you shall immediately be terminated.

B. Restrictions
Your right to use the Application is limited to the scope of the License granted above, and you may not copy, exhibit, attempt to disable, distribute, perform, publish or modify the Application or any of its components, or create secondary works from the Application without Voltage’s specific permission, except where expressly authorized in this Terms of Use Agreement.
You are also prohibited from making copies of the Application available on a network where it could be used by multiple users unless specifically permitted by Voltage.
Your rights granted in this Terms of Use Agreement shall be limited to intellectual property rights held by Voltage and its licensors with respect to the Application, and shall not include the granting of any rights to other patents or intellectual property. Unless permitted by law, you shall not decompile, diassemble or reverse-engineer the Application or any of its components in any manner.
You shall not remove, alter or make illegible any product identification, copyright or other intellectual property right disclosures (including but not limited to trademarks and logos) and any other legends made by Voltage in the Application. If your use of the Application involves the use of the rights of a third party and such third party requests that you comply with the terms of use provided by them, you shall comply with such terms of use upon use of the Application.

C. Reservation of Rights
Except for the rights specifically licensed or granted to you herein, Voltage shall reserve any rights, including all copyrights, trademarks, other intellectual property rights and publicity rights associated with the Application (including but not limited to all characters, stories, images, photographs, animations, music, texts).

D. Your Contributions
If expressly authorized in the Application, you may provide any contributions (including but not limited to any and all ideas and creations; hereinafter the same) to the Application and related goods and services. However, if such contributions provided by you using the Application give rise to any copyright or other intellectual property rights (including the right to receive any intellectual property rights; hereinafter the same), you shall grant said rights to Voltage free of charge.
This shall include the rights to copy, adapt, modify, perform, display, publish, broadcast, record, videotape, play, distribute, publicly transmit, or otherwise communicate to the public by any means, whether now known or unknown, and distribute your contributions without any notice or compensation of any kind to you for the entire term of protection granted to intellectual property rights by applicable laws and conventions. Even when such notice or compensation is required under law, you shall expressly waive your rights to it.
You hereby shall not exercise any and all moral rights of an author and other rights with respect to Voltage’s and other players’ use and enjoyment of your contributions in connection with the Application and related goods and services under the law applicable to this Terms of Use Agreement.
Such non-exercise of moral rights of an author and others shall survive even after the termination of the effective term hereof applied to you.
Your contributions offered through the Application shall be limited to those thought, invented, devised or created solely by you, and if Voltage receives any claim or demand from any co-idea giver, co-inventor, co-deviser or co-creator or any third party who has given an idea for, invented, devised or created such contribution, in connection with the use of and licensing of such contributions to a third party, you shall release Voltage from liability and shall assume responsibility to resolve such claim or demand at your expense and responsibility.

E. Access
You must provide, at your own expense, the equipment, Internet connections, mobile devices and/or service plans in order to access and use the Application. Voltage does not guarantee that the Application can be accessed from all wireless devices or wireless service plans or that there will be no suspension or defect in any of the services provided by wireless carriers.
Voltage does not guarantee that it is possible to use the Application in all geographic locations. You acknowledge that when using the Application, you will be charged by your wireless carrier for data, messaging and/or other wireless access.
With respect to those charges which are applicable to you, please check with your wireless carrier. All costs incurred when accessing the Application from your mobile device shall be borne by you.

2. Consent to Use of Data
You agree that Voltage may collect, use, store, transmit and make other use of non-personally identifiable technical and related information that identifies your mobile device, operating system, application software and peripheral hardware in order to facilitate product support and other customer services. In addition, Voltage may collect, use, store, transmit and make other use of non-personally identifiable statistics regarding the use of the Application and other services related thereto (collectively, the “Services”).
Voltage may use, store, transmit and make other use of this information in aggregate, and in a form that does not personally identify you, in order to improve its products and services, and Voltage also may share anonymous aggregate data with its affiliates and Voltage’s third party service providers.

3. In-game Advertising
The Application may include a function to display in-game advertisements, provided by a third-party, which is uploaded with new content from time to time on your mobile device while you are using such a device online.
While you are using the Application, Voltage or such in-game advertisement provider may use information which can be logged from your device, such as age and gender, to ensure that the appropriate advertisement is presented within the Application and to calculate the number of views such advertisement has had.
Data logged from your mobile device includes the IP address, unique device identification number, device manufacturer and model, [in-game] location, length of time an advertisement is visible for and the size of the advertisement, and your response to the advertisement (if any).
Logged data may only be disclosed to parties other than the advertisement providers and assignees permitted by Voltage in aggregate of views such advertisement has had and in a form that does not personally identify you.
If you do not wish to receive such advertisements or have the above information used, please do not use the Application.

4. ID Management.
In using the downloaded service of the Application, you may use the Application by inputting an ID issued to you by Voltage or a third party designated Voltage (hereinafter, “ID”).
No ID and password issued by a third party designated by Voltage shall be kept at Voltage. You are solely responsible for management of the ID.
Accordingly, all use of the Services through the use of the ID shall be deemed to be by you except where there is impersonation by another party attributable to Voltage’s willful conduct or gross negligence, and all usage fees and other obligations shall be borne by you. You are expressly prohibited from using the Services through the use of any ID other than your ID (for example, the ID of an existing or fictional third party).

5. Usage Fees
In the case that there is a fee for use of the Application, you shall be authorized to use the Services in accordance with this Agreement conditioned upon your payment of the usage fee set forth by Voltage. The method of payment may differ depending on the service.
Other usage fees and payment procedures and methods are set forth in the Application.
Voltage may amend the usage fees and billing method for the Services anytime through procedures stipulated in this paragraph, and such amendments shall take effect upon announcement thereof on the Application.
Voltage will announce the amendment to usage fees and billing method for a period which it determines as reasonable for a period for advance notice in the Application. You agree to periodically confirm the payment method details in the Application in order for you to learn of any such amendments and the details thereof without delay. In addition, usage fees paid by you in order to use the Services shall all be paid in advance. As well, and except where otherwise expressly agreed and informed by Voltage, or in cases where the Application cannot be used due to Voltage’s willful conduct or gross negligence, usage fees may not be refunded whatsoever once paid.

You shall pay all usage fees incurred in relation to the use of the Services (including fees not yet confirmed due to disputes), and shall not be entitled to reserve such payment for any reason whatsoever.
Further, you expressly acknowledge that even if the Application may not be used due to suspension of or defect in the telecommunication service and/or internet connection service which you use under contract or free of charge, the fees billed with respect to the use of the Application pursuant to the agreement with Voltage will not be refunded.

6. Prohibited Acts
You are prohibited from conducting any act which falls under or may fall under any of the following (collectively, “Prohibited Acts”) in using the Services.
If Voltage reasonably determines that you have performed a Prohibited Act, you shall be deemed to have materially breached this Agreement, and Voltage may immediately delete the relevant part or stop you from using the Services without notification to you.
If Voltage deems it necessary for the purposes of protection of rights, properties and other assets of Voltage, protection against criminal acts, protection of human life, body, properties, etc., and sound growth and protection of children, Voltage may disclose, and provide to a court, public prosecutor’s office, police, local government or other institution authorized under laws and regulations, log-in information, mobile device terminal information, the Services link-up information and other information regarding you without your permission.
(1) Unpleasant language or conduct toward other customers, or credit damaging or defamatory language or conduct such as slander or groundless rumors regarding other customers and other third parties;
(2) Sexually suggestive language or conduct, threatening language or conduct, violent language or conduct, racially prejudiced language or conduct, discriminatory language or conduct, illegal language or conduct, vulgar language or conduct, obscene language or conduct, defamatory language or conduct, or any other unpleasant language or conduct;
(3) Impersonation of an officer or employee of Voltage or its affiliates;
(4) Formation and action of a group (clan) that has prejudiced beliefs based on religion, race, gender, ethnic groups, human rights or any other prejudiced views, or with the goal of commercial activity, group solicitation, exchange of prohibited goods or religious activity;
(5) Any act which conflicts or may conflict with international law, constitution, laws, regulations and any other laws and ordinances;
(6) Any act which infringes or may infringe copyrights, trademark rights or any other rights of Voltage or third parties;
(7) Falsification, deletion, unauthorized access to, impersonation of an existing or fictional party (including use of another party’s ID) and any similar acts with respect to the information on the Application, or an attempt to perform any such acts;
(8) Any act which collects or may collect, or stores or may store, personal information of other customers and third parties;
(9) Any and all acts the main purpose of which Voltage deems is to engage in or induce meetings, contact, etc. with unacquainted persons of the opposite sex;
(10) Any act for the purpose of sexual conduct or indecent acts;
(11) Any act which induces or encourages minors to run away from home;
(12) Any act which is determined to have an adverse effect on or be an obstacle to character formation or the sound growth of minors;
(13) Any act which shows information, etc. equivalent to child pornography or child abuse, or any act which sells media in which such information is contained or any act which shows or transmits any advertisement that brings to mind the transmission, showing or sale thereof;
(14) Any act which writes things inviting children (under 18) to be an opposite sex dating partner or any act which writes things inviting adults to be an opposite sex dating partner of children;
(15) Any act against public order and morals, instigation thereof or assistance therein, or any act that may cause such acts, or instigation thereof or assistance therein;
(16) Any act connected with illegal acts (transfer of pistols or other items, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, intimidation, betting, gambling, fraud, misuse of controlled substance, child prostitution, illegal sale of financial accounts and mobile phones, etc.), or instigation thereof or assistance therein, or any act that may cause such connection, instigation or assistance;
(17) Any act connected with suicide or self-injury, or instigation thereof or assistance therein, or any act that may cause such connection, instigation or assistance;
(18) Rent, transmission, disclosure, transfer, name change, sale of the Application’s ID and game data, or grant of permit for use thereof to third parties, and any other act which makes the Application’s ID and game data available to third parties, and provision thereof as security;
(19) Use of the Application for any purpose other than the purpose which Voltage intends;
(20) Any and all acts which have been or may be an obstacle for Voltage and the management side of the Services other than the acts set forth in the preceding items;
(21) Acts corresponding to each of the above items; or
(22) Other acts determined by Voltage as prohibited acts and notified and disclosed to you.

7. Disclaimer of Warranties
Unless otherwise provided by law, the Application is provided “as is,” may have any kind of fault and is used at your responsibility without warranty of any kind, without performance of assurances or guarantees.
All risk of satisfactory quality and performance resides with you. Voltage does not make, and hereby disclaims, any and all express, implied and statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights of the Application, and warranties (if any) arising from a course of transaction, usage or trade practice.
Voltage does not warrant against interference with your enjoyment of the Application.
For example, it does not guarantee that the Application will meet your requirements, that the operation of the Application will be uninterrupted or error free, that the Application will be compatible or interoperate with any other application, that any errors in the Application can be corrected or that the Application will be available for reinstallation in the same or multiple telecommunication devices.
Further, Voltage does not guarantee, for any reason or cause, that data created and obtained by you when using the Application will not be lost.
No oral or written advice provided by Voltage or any authorized representative or employee thereof shall create a warranty.
As some jurisdictions, under the provisions of the law or the courts, do not allow the exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers, the above exclusions and limitations may not apply to you in the jurisdiction of such laws and courts where such exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers conflict with the such laws or judgment of the courts.

8. Limitation of Liability
Except where otherwise caused by Voltage’s willful conduct or gross negligence, to the fullest extent permitted by law, in no event shall Voltage be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of credibility, work stoppage, device failure or malfunction or any other form of direct or indirect, special, incidental, consequential, punitive damages arising out of this Agreement or the Application or any act in connection therewith, whether arising in tort (including negligence), contract, strict liability or otherwise, and whether or not Voltage has been advised of the possibility of such damage.
As some jurisdictions, under the provisions of the law or the courts, do not allow a limitation of liability for death, personal injury, fraudulent misrepresentation or certain intentional or negligent acts, or violation of specific statutes or the limitation of incidental or consequential damages, the above exclusions and limitations may not apply to you in the jurisdiction of such laws and courts where such exclusion or limitations conflict with such laws or judgment of the courts.
In no event shall Voltage’s total liability to you for all damages (except as otherwise required by law) exceed the amount actually paid by you for the Application and in the case that the use of the Application and this Service is free of charge, Voltage shall not be liable to you for any monetary compensation.

9. Injunctive Relief
You acknowledge that a breach of this Agreement will cause irreparable damage to Voltage for which monetary damages would not be an adequate remedy and agree that, in addition to any remedies under this Agreement or at law, Voltage may seek temporary relief (provisional measures) to stop such a breach without the guarantee of money or other security, or proof of damage.

10. Governing Law and Jurisdiction
This Agreement and the use of the Application by you shall be governed by the laws of Japan (except conflict of laws principles). You expressly agree that the Tokyo District Court shall have sole and exclusive jurisdiction over any lawsuit arising from or in connection with this Agreement and/or the use of the Application by you, and you shall raise no objections in relation thereto.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising from this Agreement.

11. Entire Agreement
Unless otherwise provided in this Agreement, this Agreement constitutes the entire agreement between you and Voltage with respect to the Application and supersedes all prior or current understandings regarding the matters set forth in the Agreement. No failure to exercise, and delay in exercising, by either party, any right or any authority under this Agreement shall be deemed as a waiver thereof, nor shall any single or partial exercise of any right or authority under this Agreement preclude further exercise of any other right hereunder.

12. Handling of Personal Information
Concerning the Application, Voltage is aware of the importance of your personal information and the social obligation to protect your personal information, thus strives to properly handle personal information in compliance with applicable laws and regulations, and various rules in accordance with the following privacy policy.
Furthermore, Voltage will continuously review its efforts to ensure that personal information protection is functioning effectively.

(1) Obtainment of personal information
At the Application, Voltage may request that you provide your personal information, including your name, email address and birthday, before using the content thereof. In addition, Voltage may ask you to provide other information through questionnaires and other means to develop and provide services that match your needs.

(2) Use of personal information
Information obtained through the Application will be used for the following purposes: 1. To send emails and email newsletters containing advertisements and information on campaigns; and
2. To develop and improve marketing and services in the Application

(3) Protection of personal information
In order to protect your personal information, Voltage strives to implement appropriate security measures to prevent unauthorized access to personal information, loss, destruction, falsification and leakage thereof, and other similar acts.

(4) Disclosure of personal information to third parties
Voltage will never assign, provide or disclose your personal information and data provided in the Application to third parties except where:
1. Your consent is obtained;
2. Handling of personal data is contracted out within the scope necessary to perform services provided by Voltage;
3. Based on laws and regulations;
4. There is a need to protect human life/body or property and obtaining your consent is difficult; 5. It is particularly necessary to improve public health or promote healthy child development and obtaining the your consent is difficult; or
6. When Voltage needs to cooperate in the execution of administrative affairs by a national body, local public authority or their assignee as prescribed in laws and regulations, the said execution may be disturbed through obtainment of your consent.

(5) Disclosure of personal information to you
If you wish to disclose or correct the personal information you have provided or stop the use thereof, please kindly contact Voltage. Voltage will verify your identification and then swiftly respond to your request through procedures stipulated by Voltage.

May 15, 2013
Voltage Inc.
Personal Information Protection Manager

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