PHANTOM OF THE KILL

IT ALL BEGINS WITH "ZERO"

TERMS OF SERVICE

(Effective Date: June 25, 2015)

gumi Inc. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describe the terms and conditions applicable to the use of our applications for personal computers and mobile devices, and/or applications accessible on social networking sites, platforms and services (“SNS”) (each, an “Application” and collectively, “Applications”). Your use of the Applications is subject at all times to these TOS, our privacy policy (“Privacy Policy”) and any additional end user license agreements (the “EULA”) which may apply. Any inconsistencies between these TOS, the Privacy Policy or any EULA shall be resolved by the Company in its sole and absolute discretion.

EACH TIME YOU ACCESS OR USE AN APPLICATION, YOU AGREE TO BE BOUND BY THESE TOS, THE PRIVACY POLICY AND EULA, AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND THEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, THE PRIVACY POLICY AND EULA, DO NOT ACCESS OR USE THE APPLICATIONS. YOUR CONTINUED ACCESS AND USE OF ANY APPLICATION SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, THE PRIVACY POLICY AND EULA, AS THEY EACH MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. YOU SHOULD PRINT A COPY OF OUR TOS FOR FUTURE REFERENCE.

You may not use any and all services provided by the Company or its affiliates (“Services”) if: (a) you cannot enter into a binding contract with the Company; (b) you are a convicted sex offender; or (c) you have previously been banned from using any of the Applications. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these TOS, the Privacy Policy, the EULA and Additional Terms (if applicable). If you continue to use the Applications after you reach the age of legal majority, you are deemed to have confirmed all the transactions that you made in the Applications when you were a minor.

If you reside in the United States, the following also applies: You may not use our Services if: (a) you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals; or (b) you are under 13 years of age, you must not create an Account, use any part of the Applications, or submit personal information through the Applications or to the Company (for example, name, address, telephone number, email address).

In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to an Application, including, without limitation, the Apple iTunes Store Terms and Conditions, the Google Play Terms of Service, Google Terms of Service, Google Business Play Program and Policies and any applicable SNS terms and conditions (collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.

1. LICENSE

(a) License Grant. Subject to the terms and conditions of these TOS, the Privacy Policy, the EULA and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license only for your personal noncommercial use to: (i) download, install and use the subject Applications (excluding source code) on your personal computer and/or mobile device and/or (ii) access and use the Application through the applicable SNS. The Company may terminate this license without notice in the event you fail to comply with these TOS, the Privacy Policy, the EULA, or any Additional Terms. Upon termination of the license, you must immediately cease accessing and using all Applications.

(b) Limitations. The license granted to you is subject to the following limitations. You shall not or not permit any other person to:

(c) Additional Agreements.

(i) You agree to use the Applications only in compliance with these TOS, the Privacy Policy, the EULA, Additional Terms and applicable rules, laws and regulations, including applicable tax laws.

(ii) By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under Japanese, United States or other applicable export laws.

(iii) You agree that by accessing and using the Applications you may be exposed to content that you may find offensive, indecent or objectionable and that you access and use the Applications at your own risk.

Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.

2. IP OWNERSHIP

(a) Accounts and User Data. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account or any Virtual Items (defined below), Application status, benefits and privileges, and all other data accumulated in connection with your access and use of the Application (collectively, “User Data”). You further acknowledge and agree that all rights in and to the Account and User Data (excluding User Content) are and shall be owned solely and exclusively by the Company. No rights conferred to you in connection with the Applications (including any Company Materials) may be transferred or assigned by you (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of the Company. We reserve the right to remove or reclaim any user ID at any time and for any reason.

(b) Company Materials. The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Applications (including past, present and future versions) (excluding User Content), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Applications; and all other materials or content made available on the Applications (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

(c) Trademark Notice. All words and logos in an Application marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Applications are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names for any purpose other than as expressly authorized in these TOS is strictly prohibited.

(d) Application. The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all Applications, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, Virtual Items any related documentation, and “applets” incorporated into the Applications. The rights described in the foregoing sentence are the copyrighted work of the Company and/or its licensors and are protected by applicable intellectual property laws. The Application may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this TOS.

(e) Third Parties. The Applications may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Applications falls under the scope of these TOS. Any and all other third party software or technology that may be distributed together with the Applications will be subject to your explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with the Company regarding such third party software or technology and you will look solely to the applicable third party and not to the Company to enforce any of your rights.

(f) No Additional Rights. Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneously held or deemed to be the owner of any such rights, you hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the intent of the foregoing.

(g) Virtual Items. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE ONLY GRANTED THE RIGHTS TO ACCESS AND USE THE APPLICATIONS, AND AS THE COMPANY EITHER OWNS, OR HAS A LICENSE TO, ALL OF THE COMPANY MATERIALS, APPLICATIONS AND OTHER CONTENT WHICH APPEAR IN THE APPLICATIONS, THE COMPANY DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE APPLICATIONS, OR THE PURPORTED SALE, GIFT OR TRADE IN THE “REAL WORLD” OF ANYTHING RELATED TO THE APPLICATIONS. SPECIFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY VIRTUAL CURRENCY (I.E., COINS, CARDS, CASH, TOKENS, ETC.), IN-APP ACCESSORIES, INCENTIVE POINTS OR AWARDS, OR OTHER GOODS OR SERVICES FOR USE IN THE APPLICATIONS (COLLECTIVELY, “VIRTUAL ITEMS”), YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH VIRTUAL ITEMS. ACCORDINGLY, YOU MAY NOT (I) SELL OR ATTEMPT TO SELL, IN THE “REAL WORLD”, SUCH VIRTUAL ITEMS FOR “REAL” MONEY, (II) GIFT OR ATTEMPT TO GIFT, VIRTUAL ITEMS IN THE “REAL WORLD” OR ANY OTHER CONSIDERATION, AND DOING SO MAY LEAD TO THE TERMINATION OF THE LICENSE GRANTED HEREUNDER WITH IMMEDIATE EFFECT, AND MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY.

IMPORTANT NOTICE: The Company does not recognize or condone any outside service that may be used for the sale, gift or exchange or purported sale, gift or exchange of Virtual Items that you may accumulate as a result of accessing or using the Applications. This includes the exchange of any Virtual Items on third party services including eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and will not support, such transactions.

3. ACCOUNT, FEES, TERMINATION AND VIRTUAL ITEMS

(a) Accounts. You may access certain Applications without establishing a user account (“Account”). We may, however, in the future require, in its sole and absolute discretion, users of such Applications to register and establish an Account.

To create an Account, you may be asked to provide your first and last name, email address, gender, birthday, your state/country, payment information, mobile device type and/or choose a user name, user ID and password. You must provide truthful and accurate information during the Account registration process. Notwithstanding anything to the contrary, Company may approve or reject your Account registration application for any reason or no reason in its sole and absolute discretion. All such decisions shall be final and under no circumstance shall Company be obligated to provide any information regarding its decision-making process.

You are solely responsible for all activity on your Account and for the security of your personal computer and mobile device. You may not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Data and User Content) shall be deemed to be your acts. You shall promptly notify the Company of any changes to your Account information (including changes to your mobile device) or if such information has been improperly disclosed to a third party. You shall solely be responsible for any liability that arises from any improper third party disclosure and/or third party use of your Account (including User Data and User Content). If there is a risk of your Account (including User Data and User Content) being improperly used by a third party, you shall promptly take measures to limit such use, including, without limitation by changing your password and notifying the Company. Under no circumstances shall the Company be liable to you for any loss, including the loss of your User Data and User Content, arising from your loss or management of any Account information (including user name, user ID or password).

(b) Fees. You must pay the applicable fee (if any) for each Application and any available Virtual Items. Where applicable and subject to the applicable payment terms and conditions, you can order Virtual Items by visiting the purchase page in the Application and provide your credit card, PayPal or other applicable billing method information. All such fees are non-refundable except as otherwise agreed to in writing by the Company or pursuant to applicable law.

The Company may, in its sole and absolute discretion, set forth limitations on the amount of the fees you may spend a month depending on your age or billing method.

You must provide all equipment, software and other technologies necessary to access the Applications, including, a personal computer or mobile device suitable to connect with the Applications and an Internet connection. In addition, you hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, arising out of your access and use of the Applications.

Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable fees and other charges by major credit card or such other methods expressly authorized in writing by the Company and its partners.

Any dispute arising between you and any third party payment process service (including a credit card company) shall be resolved directly between you and such third party. Under no circumstances shall the Company be liable for any obligations incurred by you to such third party in connection with your access and use of the Applications. You agree to indemnify, defend and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such disputes.

(c) Termination. You have the right to cease accessing and using any Application at any time. You understand and agree that unless otherwise expressly provided for in this TOS, the cessation of access to and use of the Applications is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this TOS, the Privacy Policy, EULA and/or any Additional Terms, or the Company’s enforcement or application thereof, (ii) the Company Materials and other content available through the Applications, (iii) your ability to access and/or use the Applications and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

Without limiting any other remedies, we may limit, suspend, cancel, terminate, modify or delete your Account and your access to and use of the Applications (or any portion thereof, including any User Data and User Content) at any time if you are, or we suspect that you are, failing to comply with any of this TOS, the Privacy Policy, the EULA or Additional Terms or any applicable rules, laws or regulations, or if otherwise we deem it appropriate, with or without notice to you.

If the Company terminates your access to and use of the Applications, you lose your user ID, User Data and User Content as well as any benefits, privileges and Virtual Items associated with the subject Application, and we are under no obligation to compensate you for any such losses or results. In addition, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the subject Applications (including all User Data and User Content). Also, you will not have the right to transfer, sell, or assign any User Data (including Virtual Items) to anyone else. Under no circumstances shall Company be responsible for storing any User Data or User Content and other information following suspension, termination, modification or deletion of your Account and access to the Applications.

We reserve the right to stop offering and/or supporting an Application at any time, at which time your license to access and use the specific Application will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you except as otherwise agreed to in writing by the Company or pursuant to applicable law.

(d) Virtual Currency and Incentive Points.

4. USER CONTENT

The Company does not solicit submissions, creative materials, ideas or suggestions other than those the Company may specifically request. Any communications or materials you transmit to the Company by e-mail or otherwise including, without limitation, data, questions, feedback, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary except as otherwise described in the Privacy Policy.

As part of an Application, you may participate in blogs, message boards, contests, sweepstakes, voting, forums and other communication functionality and may be provided with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or other users, including, without limitation, ranking, text, writings, photographs, graphics, comments, feedback, suggestions or personal information or other material (collectively, excluding Company Materials, “User Content”). You hereby represent and warrant to the Company that your User Content is wholly original and has been created by you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these TOS without the Company incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

Subject to the Privacy Policy, you hereby grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content that you send to the Company, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. You also agree that the Company may use statistical data including rankings or score records of high-ranking end users of the Application on advertisement materials with their user names of the Applications in a form not to identify individuals. Subject to the Privacy Policy, you grant to the Company the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content. Except as prohibited by applicable law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

The Company has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegations, appointment of which is coupled with an interest). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof. Notwithstanding the foregoing, the Company reserves the right to monitor, modify or delete, at its sole discretion, in whole or in part, your User Content posted on our Applications which are deemed inappropriate for orderly operation of the Applications.

You acknowledge and agree that your communications with other users via any channel of communication in an Application are public and not private, and subject to the terms of the Privacy Policy, that you have no expectation of privacy concerning your access and use of an Application. Subject to the terms of the Privacy Policy, you acknowledge that personal information that you communicate your public communication via the Application may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications in an Application. Subject to the terms of the Privacy Policy, you are solely responsible for any public communications you make in the Application and their legality under all applicable laws and regulations. The Company is not responsible for User Content, or any other information that you choose to communicate to other users in an Application, the accuracy thereof, or for the actions or User Content of other users. For further information regarding Company’s use of information collected in connection with the Applications, please refer to the Privacy Policy.

5. ONLINE CONDUCT

You agree that you will be personally responsible for your access and use of the Applications and for all of your User Content and online activity in connection with the Applications, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. Specifically, you agree to comply with these TOS, the Privacy Policy, the EULA or Additional Terms, or all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:

If you encounter another user who is violating any of the items described in the Online Conduct list above, please email us at support-potk@fg-games.co.jp to report the violation.

6. MODIFICATIONS

(a) Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Applications. You are responsible for periodically checking the Applications for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you must cease using the Applications. Your continued access and use of any Application constitutes your agreement to be bound by the modified TOS.

(b) Changes. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Applications (or any portion thereof, including any User Data and User Content), whether temporarily or permanently, in whole or in part. Any such Change shall be effective immediately upon notice by posting on the Applications or these TOS, or by any other method of notice the Company deems appropriate. We shall not be required to provide refunds, benefits or other compensation to you for any Changes, including, without limitation, the suspension or discontinuation of the Applications. Any access or use of the Applications after such notice of Change constitutes acceptance by you of such Change. Temporary interruptions in the availability of the Applications may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Applications, and termination of any license. The Applications may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Applications may be made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.

(c) Applications. The Company and/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. The Company and/or its licensors may upgrade or update the Application remotely, including, without limitation, the Application residing on your machine, without your knowledge or consent, and you hereby grant to the Company and its licensors your consent to deploy and apply such patches, updates, upgrades, error corrections, bug-fixes, and modifications, and additional features or functions to the Applications. The Company has no obligation to make available to you any subsequent versions of the Applications. You may have to enter into a renewed version of these TOS, in the event you want to download, install or use a new version of the Applications.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATIONS AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY PROVIDES THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER DAMAGES THAT RESULT FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATIONS OF LIABILITIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATIONS. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE APPLICATIONS OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE APPLICATION EXCEED THE HIGHER OF US$50 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THE APPLICATION FOR THE IMMEDIATELY PRECEDING 12 MONTHS. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF ANY APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF THE APPLICATIONS, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ANY APPLICATION AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. ADVERTISEMENTS AND LINKS

For the convenience of our user, an Application may provide certain advertisements of or links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites advertised or linked to or from an Application. If you follow any such advertisements or links, you leave the subject Application and you do so entirely at your own risk. The Company provides advertisements in or links from an Application solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH ADVERTISED OR LINKED APPLICATIONS, SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF AN ADVERTISED OR LINKED APPLICATION, SERVICE OR WEBSITE.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, arising from: (a) your breach of these TOS, the Privacy Policy, the EULA, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Applications in breach of these TOS, the Privacy Policy, the EULA, the Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party, or (d) any interaction you may have with other users of the Application, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company as may be required by the Company in respect of such matter. The obligations set forth herein shall survive termination of these TOS.

11. GOVERNING LAW

The Applications are made accessible, operated and controlled from gumi, Inc. in Japan and other jurisdictions. It can be accessed from various countries of the world. The laws of Japan, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Applications and your access and use thereof. By accessing and using the Applications, you submit and consent to the exclusive jurisdiction of the Tokyo District Court located in Tokyo, Japan as the court of first instance with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these TOS, the Privacy Policy, the EULA, Additional Terms and/or your access and use of the Application. You are solely responsible for your interactions with other users of the Applications. If you have a dispute with one or more users of any Application, in addition to any other remedies reserved for the Company herein, the Company (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) shall not be liable for claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a resident of the State of California, the United States, you waive the rights afforded to you under California Civil Code §1542.

12. INJUNCTIVE RELIEF

You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. To the full extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

13. VOID WHERE PROHIBITED

The information provided through the Applications are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Applications is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Applications from a jurisdiction outside Japan you are responsible for compliance with all applicable local laws.

IF YOU RESIDE IN THE UNITED STATES, THE FOLLOWING APPLIES: THE APPLICATIONS ARE INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. BY ACCESSING AND USING ANY APPLICATION, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS, THE PRIVACY POLICY, THE EULA AND ADDITIONAL TERMS. MOREOVER, IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO ACCESS AND USE THE APPLICATIONS. IF YOU ARE UNDER THE AGE OF 13 OR BETWEEN THE AGE OF 13 AND 18 BUT DID NOT HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO THE ACCESS AND USE THE APPLICATIONS, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSE GRANTED HEREUNDER.

IF YOU RESIDE OUTSIDE THE UNITED STATES, THE FOLLOWING APPLIES: IF YOU ARE A MINOR, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR LEGAL REPRESENTATIVE’S PERMISSION TO ACCESS AND USE THE APPLICATIONS. IF YOU ARE A MINOR BUT DID NOT HAVE YOUR LEGAL REPRESENTATIVE’S PERMISSION TO THE ACCESS AND USE THE APPLICATIONS, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSE GRANTED HEREUNDER.

14. COMPLAINTS, NOTICE AND CONTACT INFORMATION

The Company takes claims of infringement of intellectual property rights and violation of rights including rights of privacy or publicity very seriously. If you believe that any of the material that is or was in any Application infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please email us at support-potk@fg-games.co.jp.

15. PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Applications.

16. NOTICE

In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Applications or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of any Applications after delivery of such notice constitutes acceptance by you of the noticed action.

17. RESTRICTIONS

The Application may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Applications as well as any applicable end-user, end-use and destination restrictions issued by national governments. By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.

18. MISCELLANEOUS

(a) Severability. If any provision of these TOS, the Privacy Policy, the EULA and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Policy, the EULA and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions which of the TOS will remain in full force and effect.

(b) Entire Agreement. The TOS, the Privacy Policy, the EULA and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

(c) No Representation and Warranty. Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS, the Privacy Policy, the EULA and/or Additional Terms (if applicable). Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation.

(d) No Waiver. Any waiver of any provision of the TOS, the Privacy Policy, the EULA and/or Additional Terms (if applicable) will be effective only if in writing and signed by the Company. The failure of party to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect.

(e) Language. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

(f) No Assignment. You are not allowed to assign the TOS or any rights hereunder. The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.

(g) Confidentiality. You shall keep confidential any and all non-public information disclosed by the Company to you in connection with any Service without the prior written consent of the Company.

19. FORCE MAJEURE

If, by reason of Force Majeure Event (defined below), the Company is delayed or unable, in whole or in part, to perform or comply with any of its obligations under these TOS, then it shall be relieved of liability and shall suffer no prejudice for failing to perform to the extent that the inability was caused by Force Majeure Event. In the event of a Force Majeure, Company shall use commercially reasonable efforts to remedy the situation and remove the cause of its inability to perform. Force Majeure Event means any acts of God, flood, fire or explosion, war, invasion, riot or other civil unrest; actions, embargoes or blockades, national or regional emergency;, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate power or telecommunications or transportation facilities.

If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Applications, please email us at support-potk@fg-games.co.jp.

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