Terms and Conditions for Android Applications
END-USER LICENSE AGREEMENT FOR ANDROID
This End-User License Agreement (this "EULA" or "Agreement") is an agreement between you and Creator of the application(this "Creator"), having its registered address at 6-24-17-202 Nishiarai, Adachi-ku, Tokyo Japan.
This EULA governs your use of the application distributed by Creator that you installed and any and all related updates and upgrades that replace or supplement the Application in any respect (the "App"), unless any such update or upgrade is accompanied by a separate license, in which case the separate license shall govern.
This EULA governs only software that can operate on a device powered by the Android operating system provided by Google, Inc.
By installing or using the Application, you agree to and wish to be bound by the terms of this EULA, which consists of&hellip.
If you do not agree to the terms of this EULA, or do not wish to be bound by them, do not install or use the Application.
By downloading Application from the Google Android Market (located online at http://play.google.com/), you acknowledge that you have reviewed and accepted the "Android Market Terms of Service" and the "Android Market Business and Program Policies".
If you download the Application from another other online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market.
The Application is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Application.
Any person who provides their personal information through the Application represents to us that they are 13 years of age or older.
A) COMMON PROVISIONS FOR ALL APPLICATIONS
1. Limited License Grant.
Through this purchase or use, you are acquiring and Creator grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application for your personal, non-commercial use.
Your acquired rights are subject to your compliance with this EULA.
Any commercial use is prohibited.
Notwithstanding this prohibition you are allowed to create and use User Content (as defined below) in a non-modified form (exactly as produced by the Application) for any purposes (subject to the Restrictions on Use in Section 2 hereof) including commercial purposes (e.g. creating a video where a virtual character endorses a commercial product, selling videos created by the Application online, etc.).
Any modification of User Content created by the Application or incorporation of such User Content into other works requires explicit written approval from Creator.
You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application.
The terms of this EULA shall commence on the date you install or otherwise use the Application and shall end on the earlier of the date you dispose of the Application or Creator’ s termination of this EULA.
This EULA does not entitle you to receive from Creator hard-copy documentation, support, maintenance, telephone assistance, enhancements or updates to the Application.
2. Restrictions on Use.
Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by Creator.
Unless you have received prior written authorization from Creator, you must not…
•access or use the Application through any technology or means other than those provided in the Application, or through other explicitly authorized means Creator may designate.
•make a copy of the Application available on a network where it could be used by multiple users.
•copy, translate, modify, or make derivative works of the Application or any part thereof.
•redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties.
•reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing use of any open sourced components included with the Application.
•delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application.
•use the Application with any products, systems, or applications for or in connection with real time navigation or route guidance.
•remove or alter Creator’ s trademarks or logos or legal notices included in the Application or related assets.
In no event may the Application be used in a manner that…
•harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party.
•is unlawful, fraudulent or deceptive.
•uses technology or other means to access Creator’ s proprietary information that is not authorized by Creator.
•uses or launches any automated system to access Creator’ s website or computer systems.
•attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment.
•attempts to gain unauthorized access to Creator’ s computer network or user accounts.
•encourages conduct that would constitute a criminal offense, or would give rise to civil liability.
•violates this EULA.
Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using Your Application.
3. Reservation of Rights.
You have obtained a license to the Application and your rights are subject to this EULA.
Except as expressly licensed to you herein, Creator reserves all right, title and interest in the Application.
This license is limited to the intellectual property rights of Creator and does not include any rights to other patents or intellectual property.
All rights not expressly granted herein are reserved by Creator.
Creator takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates with the Application or shares through the Application.
You shall be solely responsible for your own User Content and the consequences of sharing or publishing it.
You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, share or otherwise make available or access through your use of the Application, is solely your responsibility.
In connection with your User Content, you affirm, represent and warrant the following…
1.You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
2.You have the written consent of each and every identifiable natural person in the User Content to use such person’ s name or likeness in the manner contemplated by the Application and this EULA, and each such person has released you from any liability that may arise in relation to such use.
3.Your User Content and Creator′s use thereof as contemplated by this EULA and the Application will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
4.Creator may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Creator is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Creator shall not be liable for any damages you allege to incur as a result of such User Content.
You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this Application.
Creator does not guarantee that this Application is available in all geographic locations.
You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging, and/or other wireless access.
Check with your carrier to see if there are any such fees that apply to you.
YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR MOBILE DEVICE.
6. Consent to Use of Data.
To facilitate product support and other services to you, you hereby allow Creator to collect and store non-personally identifiable data including technical and related information that identifies your device, system and application software and peripherals as well as game play and Application usage statistics.
Creator may use this information in a form which does not personally identify you to provide software updates, product support, and other services to you and to improve its products and services and may share anonymous data with third parties.
Additionally, Creator may use the collected data to provide and tailor advertising to you within the Application and may share collected data with third parties to assist in the delivery and tailoring of advertisements to you.
7. Consent to Public Display of Data.
If you participate in online services, such as online play or the downloading and uploading of content, Creator and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
8. Third Party Ad-Serving Technology.
This Application may incorporate third-party dynamic in-game advertisement serving technology which enables advertising to be temporarily uploaded into the Application on your mobile device and replaced while you are online.
When you use this Application, we or third parties operating the advertisement serving technology may use information such as age and gender as well as information logged from your device using cookies, web beacons and other technologies to ensure that appropriate advertising is presented within the Application and to calculate the number of unique and repeat views of advertising.
Logged data may include IP address, unique device I.D., device make and model, advertisement(s) served, in game location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and viewing angle.
Creator has partnered with following third party advertising providers and each Application might use one or more of them simultaneously.
Creator reserves the right to add new providers at its sole discretion and without any notice to you.
This ad serving technology is integrated into the Application.
if you do not want to use this technology, your only remedy / opt-out option is to not use the Application.
9. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.
THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.
CREATOR AND CREATOR’ S LICENSORS (COLLECTIVELY "Creator" FOR PURPOSES OF THIS SECTION AND SECTION 10) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
CREATOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.
NO ORAL OR WRITTEN ADVICE PROVIDED BY CREATOR OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CREATOR, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT CREATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
In no event shall Creator’ s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
11. Limitation of Liability and Disclaimer of Warranties are Material Terms of this EULA.
You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
You agree to defend, indemnify, and hold harmless Creator and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’ s fees) that arise from your use or misuse of the Application, violation of this EULA or violation of any rights of a third party.
Creator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
13. Severability and Survival.
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
14. Injunctive Relief.
You agree that a breach of this EULA will cause irreparable injury to Creator for which monetary damages would not be an adequate remedy and Creator shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
You agree to abide by Japan and U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
You certify that you are not a person with whom Creator is prohibited from transacting business under applicable law.
16. Contact Information.
Should you wish to contact the Creator with any questions, complaints or claims with respect to the Application, you should visit the Creator website at http://www.b8y.info/.
17. Transfer of title for sales of Application To the extent that applicable legislation allows the parties to a transaction to agree on where title passes for sales of property, you agree that title for sales of Application (software sold by electronic download) passes where Creator is located and that is in Republic of Japan.
18. Governing Law.
This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by, and construed in accordance with, the internal laws of Japan, without regard to the laws of any other jurisdiction that might be applicable because of the conflicts of laws principles of Japan.
We will make every reasonable effort to resolve any disagreements that you have with Creator.
If those efforts fail, by using the Application, you agree that any claim, dispute, or controversy you may have against Creator arising out of, relating to, or connected in any way with this Agreement and/or the Application, shall be resolved exclusively by final and binding arbitration in Japan.
In that case, you will pay the cost for all.
20. Entire Agreement.
This EULA constitutes the entire agreement between you and Creator with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter.
No amendment to or modification of this EULA will be binding unless made in writing and signed by Creator.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder.
In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.
This EULA is effective until terminated.
Your rights under this EULA will terminate immediately and automatically without any notice from Creator if you fail to comply with any of the terms and conditions of this EULA.
Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control.
Termination will not limit any of Creator’ s other rights or remedies at law or in equity. Sections 9 – 13 and 17-18 of this EULA shall survive termination or expiration of this EULA for any reason.
22. Governing Language.
The original version of this EULA is written in Japanese.
Any translation of this EULA into any other language is done for local requirements and in the event of a dispute, inconsistency or discrepancy between Japanese and any non-Japanese versions, the Japanese version of this EULA shall govern, to the extent not prohibited by local law in your jurisdiction.