Voltage Terms of Use Agreement update (June 2016)

This is the latest Terms of use agreement. I copied directly from the latest app “Era of Samurai: Code of love”.  I chose this app and I waited until this month to post it because the new coin system includes in it.

  • The new part “13. Coin” is new and this is new Voltage system, the latest app is using it coin system so it’s important to understand the system and get used to it.
  • Part 1 to 12 are old terms apply to earlier apps (apply from bad boy do it better and earlier apps). It has been announced via KBTBB app since April 4, 2016 with 1 extra information: Voltage reserves the right to delete any user data after one year of inactivity.

Voltage reserves the right to delete any user data after one year of inactivity.

However, you don’t lose your data after 1 year + coming back to the app, you can restore your purchase. Please keep your transfer ID safe. Don’t worry. That extra line also applies to Japanese apps on the same day, I can confirm from this post.

  • Part 13-Coins to part 15- Termination of Services are the newest terms of use agreement.

 

Terms of Use Agreement:

This Terms of Use Agreement sets forth the matters agreed upon between customers (hereafter “you”) who use “Era of Samurai: Code of Love” (hereafter, the “Application”) and Voltage Inc. (hereinafter, “Voltage”).
Prior to using the Application, you must agree to the content of this Terms of Use Agreement.

The Application is merely licensed to you, not sold. The terms used herein may include terms defined in the Japanese Copyright Act, the Patent Act and other applicable laws, unless otherwise defined herein. Furthermore, the Application is a work of fiction, and any resemblance to actual persons, organizations or events is purely coincidental.

1. Limited License Conditions
(1) 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 are 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.
Voltage reserves the right to delete any user data after one year of inactivity.
If you try to avoid the Application’s technology protection measures, the License granted to you will immediately be terminated.

(2) 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 under 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 under 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, disassemble 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 it, you shall comply with such terms of use upon using the Application.

(3) 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 and texts).

(4) Your Contributions
If expressly authorized in the Application, you may make 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 contribution provided by you through the use of the Application gives rise to any copyright or other intellectual property rights (including the right to receive any intellectual property rights; hereinafter the same), you shall gratuitously grant all of the said rights of use to Voltage.
These rights include the rights to copy, adapt, modify, perform, display, publish, broadcast, record, videotape, play, distribute, publicly transmit, or otherwise communicate your contributions to the public by any means, whether now known or unknown, and to 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 thereto.
You hereby shall not exercise any 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 provision concerning the non-exercise of the 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 conceived, invented, devised or created solely by you, and if Voltage receives any claim or demand from any co-idea provider, co-inventor, co-deviser or co-creator or any third party who has provided 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 the responsibility to resolve such claim or demand at your expense and responsibility.

(5) Access
You must provide, at your own expense, the equipment, Internet connections, mobile devices and/or service plans 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 with respect to 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 shall be deemed have acknowledged that when using the Application, you will be charged by your wireless carrier for data, messaging and/or other wireless access.
With respect to the charges that 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 shall 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 the aggregate, and in a form that does not personally identify you, in order to improve its products and services, and Voltage may also 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 are uploaded with new content from time to time on your mobile device while you are using such device online.
While you are using the Application, Voltage or such in-game advertisement provider may use information that 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 received.
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, and the size of the advertisement, and your response to the advertisement (if any).
Other than with respect to the advertisement providers and assignees permitted by Voltage, the only logged data that may be disclosed to parties is the aggregate views the relevant advertisement has received, in a form that does not personally identify you.
If you do not wish to receive such advertisements or to have the above information used, please do not use the Application.

4. ID Management, etc.
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 managing the ID.
Accordingly, all use of the Services through the use of the ID shall be deemed to be by you, 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, any ID of an existing or fictional third party).

5. Usage Fees
In the case where there is a fee for use of the Application, you shall be authorized to use the Services in accordance with this Agreement, subject to 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 of the Services anytime through the procedures stipulated under this paragraph, and such amendments shall take effect upon the announcement thereof in the Application.
For a period which it determines to be a reasonable period of advance notice, Voltage will announce the amendment to the usage fees and billing method 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, and except where otherwise expressly agreed upon or informed by Voltage, or 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 shall expressly acknowledge that even if the Application may not be used due to the suspension of or a defect in the telecommunication service and/or internet connection service used by you 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
In using the Services, you are prohibited from conducting any act that falls under or may fall under any of the following (collectively, “Prohibited Act”).
If Voltage reasonably determines that you have conducted a Prohibited Act, you shall be deemed to have materially breached this Agreement, and Voltage may immediately delete the relevant part or prevent you from using the Services without notification to you.
If Voltage deems it necessary for the purpose of protecting the rights, property and other assets of Voltage or of third parties, protecting against criminal acts, and protecting human life, body, property, etc., and for the sound growth and protection of children, Voltage may disclose, and provide to a court, a public prosecutor’s office, the police, a local government or other institution authorized under the 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 of and action by 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, engaging in group solicitation, exchanges of prohibited goods or religious activity;
(5) Any act that conflicts with or may conflict with international law, the constitution, laws, prefectural/municipal ordinances and any other laws and regulations;
(6) Any act that infringes or may infringe copyrights, trademark rights or any other rights of Voltage or third parties;
(7) Falsification, deletion, unauthorized access to, unauthorized use of the Application through all types of tools, impersonation of an existing or fictional party (including use of another party’s ID) and any acts similar thereto with respect to the information on the official website of the Application and, or an attempt to conduct any such act;
(8) Any act that collects or may collect, or stores or may store, personal information of other customers and third parties;
(9) Any and all acts for which Voltage deems the main purpose to be to engage in or induce meetings, contacts, etc. with unacquainted persons of the opposite sex;
(10) Any act for the purpose of sexual conduct or indecent acts;
(11) Any act that induces or encourages juveniles to run away from home;
(12) Any act that is determined to have an adverse effect on or to be an obstacle to the character formation or sound growth of minors;
(13) Any act that shows information, etc. equivalent to child pornography or child abuse, or any act that sells media in which such information is contained or any act that shows or transmits any advertisement that brings to mind the transmission, showing or sale thereof;
(14) Any act of writing things inviting children (under 18 years of age) to be an opposite sex dating partner or any act of writing things inviting adults to be an opposite sex dating partner of children;
(15) Any act against public order and morals, or the instigation or assistance of such act, or any act that may cause such act, or the instigation or assistance of such act;
(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 a controlled substance, child prostitution, illegal sale of financial accounts and mobile phones, etc.), or the instigation or assistance of such acts, or any act that may cause such connection, instigation or assistance;
(17) Any act connected with suicide or self-injury, or the instigation or assistance of such act, or any act that may cause such connection, instigation or assistance;
(18) Rent, transfer, name change, sale, pawing of the Application’s ID and game data, or grant of a permit for the use thereof to third parties, as well as the provision thereof as security;
(19) Use of the Application for any purpose other than the purpose intended by Voltage;
(20) Other than the acts set forth in the preceding items, any and all acts that have been or may be an obstacle for Voltage and the management side of the Services;
(21) Acts corresponding to each of the above items; or
(22) Other acts determined by Voltage to be prohibited acts, which are 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 the provision of assurances or guarantees.
All risks concerning satisfactory quality and performance reside 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 in the course of a 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 (including but not limited to in-game item of the game, or other data) 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 limitations on the statutory rights of consumers, the above exclusions and limitations may not apply to you in jurisdictions where the said exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers conflict with such laws or judgement 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 violations of specific statutes, or a limitation on incidental or consequential damages, the above exclusions and limitations may not apply to you in jurisdictions where the said exclusion or limitations conflict with such laws or judgement 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 where 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 prevent such breach without guarantee money or other security, or proof of damage.

10. Governing Law and Jurisdiction
This Agreement and your use of the Application shall be governed by the laws of Japan (except conflict of laws principles). You expressly agree that the Tokyo District Court of Japan shall have sole and exclusive jurisdiction over any lawsuit arising from or in connection with this Agreement and/or your use of the Application, 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 under 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
With respect to the Application, Voltage is aware of the importance of your personal information and its social obligation to protect your personal information; thus, it strives to properly handle personal information in compliance with the 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 functions effectively.

(1) Obtainment of personal information
With respect to the Application, Voltage may request you to 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 a questionnaire and other means in order 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 magazines containing advertisements and campaign information; and
2. To develop and improve marketing and services concerning 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 entrust, provide or disclose your personal information and data provided in the Application to third parties except where:
1. Your consent is obtained;
2. The handling of personal data is entrusted within the scope necessary to perform the 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 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 entrustee as prescribed under laws and regulations, the said execution may be disturbed through the obtainment of your consent.

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

June 1, 2016
Voltage Inc.
Personal Information Protection Manager
Matsunaga
sinsn_en_ggl@inq.voltage.co.jp

13. “Coins”
A. Coins is a virtual currency that may be purchased or obtained through campaigns and other methods designated by Voltage. The granting conditions of Coins including , units of purchase, methods and period of use, can be viewed from within the Application itself.
B. Coins may be exchanged for services and content as indicated by Voltage, but cannot be exchanged for “real” money, property or any other goods or services. The amount of Coins necessary to exchange for services and content as well as other usages of Coins is viewable from within the Application itself.
C. Coins can only be used within the account they are initially conferred to, and cannot be exchanged or transferred to other accounts. Coins cannot be transferred or combined between devices with different operating systems, even under the same account name.
D. In the event that you are in possession of both free and/or promotional Coins as well as user-purchased Coins, free Coins will be given priority of use when making exchanges for services or contents indicated by Voltage.
14. Revised Terms
Voltage shall reserve the right to revise the terms of this Agreement at any time and for any reason without prior notification to the user.
Changes to this Agreement shall become effective immediately upon the notification of said changes by Voltage within the Application.
If you use of our services after changes to this Agreement, you will be deemed that you have consented to any and all of the updated terms.
In the event that the Agreement is newly enacted or revised, you shall be still subject to the conditions you previously agreed to upon use of the Application.
15. Termination of Services
Voltage will provide thirty (30) days advance notice upon termination of the Service. All content provided during the Service period will then be deleted, at which time all refunds and other returns will no longer be possible.

Date Created: June 1, 2016

Last Updated: June 1, 2016
■ Service Provider
Voltage Inc.

■ Director of Operations
President Akihiro Yokota

■ Address
4-20-3 Ebisu, Shibuya ward,
Tokyo, Japan

■ Pricing
Prices are displayed with the digital content.

■ Necessary costs, excluding commodity costs
Costs incurred from the Internet and/or services provided by your current device provider.
(Costs will differ depending on the current contract arranged with your provider. Please check the contract for specific pricing and rates.)

■ Payment Method
The payment method is based on the terms of use arranged by the user’s platform provider, and credit card company, etc.

■ Delivery of goods
Goods are available immediately after the purchase is complete.

■ Hardware Requirements
Android OS 4.0 and later. Android OS support is only offered to authorized version of devices; beta version devices cannot receive support.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s