This End-User License Agreement (“Agreement”) is between you and Ateam Inc. (“Ateam”), and governs your use of, including any updates to, this application (“Application”). This Agreement will be amended periodically and you agree to be bounded to any amendments. It is your responsibility to check and read this Agreement regularly. If you do not agree to any of these terms, do not install or use the Application.
Ateam reserves all rights in the Application including, but not limited to, titles, designs, pictures, storylines, text, images, animations, video, music, and all related copyrights, trademarks, and intellectual property rights. You do not acquire any ownership rights by using the Application, or paying for any content within.
♦III. APPLICATION USAGE
This Application may need to connect to application servers in order to play. You are responsible for any costs and fees associated with playing this game, including but not limited to, costs related to device setup, network access, provider plans, and transmission fees. You acknowledge that due to server maintenance and necessary updates, access to the game may become temporarily unavailable. User data related to this Application is provided as is and there are no guarantees related to its accuracy or restoration in the event of data loss or changes (ex. when the user replaces an old device with a new device). Also the transfer of user data belonging on one device to a different device is not guaranteed.
You agree to use the Application as it is intended and will NOT do, without limitation, the following unacceptable actions: (i) copy, display, seek to disable, distribute, perform, publish, modify, decompile, disassemble, reverse engineer, transfer, create derivative works from, the Application; (ii) remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application; (iii) libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; (iv) exploit or use cheats to obtain an advantage that is not intended; (v) conduct real-money trading using any content or part of the Application (vi) reset a device and/or the data within to create multiple user accounts. Ateam has the right to immediately and permanently terminate access to the Application to users that Ateam believes misuse the Application.
The Application contains communication channels like messaging, bulletin boards, and/or forums which enable you to communicate with other users. You acknowledge that communications made through these channels are public, with the content not controlled or endorsed by Ateam. Ateam disclaims any liability with regards to the communication and any actions resulting from you using the communication channels. Ateam reserves the right to edit and remove communication content at its sole discretion, and may disclose any information found within the communication channels to satisfy any applicable law.
♦IV. COLLECTING INFORMATION
For the purpose of creating a user account, saving user data, or transferring user data to a different device, you may be requested to register data with Ateam. You agree that Ateam may keep this registered data and use it to perform these actions for the user.
♦V. USER FEEDBACK
Any and all feedback and submissions to Ateam in connection with the Application will become the exclusive property of Ateam, and Ateam may use such property in any manner without compensation to you.
♦VI. CHARGES & BILLING
The Application includes in-game currency and in-game items that can be licensed for use by you through an in-app purchase using “real money.” You agree to pay the applicable fee for any in-app purchases you make. All purchases are final, non-transferable, and sold as-is with no warranties of any kind. You understand that depending on the purchase method used to obtain in-game currency items, any prices listed within the Application may be subject to exchange rate fluctuations and therefore actual fees you are charged may vary from what is displayed within the Application. You agree that Ateam will take no responsibility for exchange rate fluctuations. You agree that you have no right of ownership to any of the content made available to you, either free or through an in-app purchase, in the Application.
♦VII. APPLICATION UPDATES & BALANCING
The Application will experience maintenance and adjustments to its content. Ateam reserves the right to make changes to the Application at its sole discretion, including but not limited to, in-game content and user data adjustments (including the reset or balance of user data) without prior notice to users and without liability.
♦VIII. TERM & TERMINATION
The term of this Agreement shall commence on the date that you install or use the Application and will remain in effect until you remove the Application from your device and discontinue use, or the termination of this Agreement. Ateam reserves the right to deny or terminate any user access to the Application without notice for any or no reason. Upon termination of this Agreement, sections II, IV, V, VI, VII, IX, X and XI will survive.
♦IX. DISCLAIMER OF WARRANTY
The software is provided “as is” without warranty and Ateam assumes no liability or responsibility for: (i) any errors, faults, or inaccuracies of content; (ii) loss or damage of any kind, including personal and/or emotional, as a result of the use of the Application; and (iii) any interference, interruption, or cessation to the Application that may hamper your experience.
♦X. LIMITATION OF LIABILITY
In no event shall Ateam and their suppliers, directors, officers, agents, contractors, partners, or employees be liable for any personal injury, property damage, loss of data, loss of profits, or any indirect, special, punitive, incidental, or consequential damages arising out of or related to the use of the Application and its Agreement, whether arising under theory of contract, tort (including negligence), contract strict liability or otherwise. Any liability arising from this Application and its Agreement shall not exceed the price you paid for the Application with such limitations being applied by the fullest extent permissible by applicable law.
You agree to defend, indemnify and hold Ateam, and each of its suppliers, directors, officers, agents, contractors, partners, and employees, harmless against any and all claims, demands, losses, liabilities, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising in connection with your use of the Application.
♦XII. GENERAL PROVISIONS
Ateam and you agree that Ateam, and not the device creator or owner of the app download service that provided this app, is solely responsible for the Application and its related content. You also agree that Ateam may change any part of the Application or discontinue the Application or part thereof, for any reason and without notice to you and without liability. This includes the right to modify or eliminate the use of in-game items and/or in-game currency in the Application.
This Agreement shall be governed by and construed in accordance with the laws of Japan, without giving effect to the conflict of law principle thereof, and the parties hereby submit to the exclusive jurisdiction of the Japanese courts in Tokyo, Japan. If a proper authority finds that any provision of this Agreement is invalid, the remaining provisions of this Agreement shall remain in full force.