1. Introduction and Terms of Use

 

■ Introduction

1.These Terms of Use (“Terms of Use”) set forth the matters to be agreed upon by you as users (“you” or “users”) and CYBIRD Co., Ltd. (“CYBIRD,” “us” or “we”) in connection with your use of our game application service titled “BFB Champions 2.0 - Football Club Manager” and its related community services, which include the official website, BBS, news and wiki (which, together with all web versions and app versions, are hereinafter collectively referred to as the “Services”).

2.The Services will not be available to you unless you agree to these Terms of Use. When you start using the Services, we will assume that you have accepted these Terms of Use.

 

■ Advertising ID for Androids

※ If you are using the Service within "GooglePlay", this provision of "Advertising ID for Androids" shall be applied.  Please use the Service within GooglePlay upon agreeing on this provision.

 

You agree to the following matters with respect to your advertising ID for Androids to be issued by Google Inc. ("Advertising ID").

1.The Company links your Advertising ID with an administration ID, which will be separately issued by the Company or an advertising agency entrusted by the Company, and a permanent device ID, such as SSAID, MAC address or IMEI;

2.In the event you reset your device by the method set forth by Google Inc., the Company links your Advertising ID before such reset with your Advertising ID after such reset; or

3.The Company or an advertising agency entrusted by the Company uses your Advertising ID and presents an advertisement to you or makes an analysis of advertisement delivery.

 

■ For Minors

1.If you are under the age of 13, you are not eligible to use the Services. If you are over the age of 13 and under the age of 18, you may use the Services only if your parent or guardian consents to these Terms of Use.

2.If you are over the age of 13 and under the age of 18, when you start using the Services we will assume that you have obtained consent from your parent or guardian. If you falsely state that you have obtained consent from your parent or guardian or that you are 18 years of age or older, or if you provide us with any other false information, we will assume that you have waived your right to rescind any transaction related to the Services.

3.If you have agreed to these Terms of Use before you reach the age of 18 and continue to use the Services after you reach the age of 18, you will be deemed to have ratified all of your previous transactions performed in connection with the Services.

4.We may restrict all or part of the Services for users over the age of 13 and under the age of 18 or set payment limits with respect to their use of the Services without giving any prior notice.

 

■ Scope

1.These Terms of Use shall apply to, and shall be complied with by, all users of the Services.

2.Any individual terms of use, guidelines agreements and notices separately announced or issued by us from time to time in connection with the Services shall be incorporated as part of these Terms of Use. In the event of any inconsistency between the provisions of these Terms of Use and those of other individual terms, guidelines, agreements or notices, the provisions of the latter shall prevail to the extent of such inconsistency.

 

■ Revisions

1.We reserve the right to make additions or amendments (“Revisions”) to these Terms of Use at our discretion without prior notice to you. If you continue to use the Services after a Revision is made, we will assume that you have accepted the Revision of these Terms of Use.

2.The revised terms and conditions shall be applicable to your use of the Services if any Revision is made to these Terms of Use.

 

2. Services and Use of Services

 

■ Use of the Services

1.Our provision of the Services shall not be construed as granting you any rights pertaining to the Services. By providing you with the Services, we grant you the license to use the Services in accordance with the provisions of these Terms of Use.

2.The license granted to you, subject to your compliance with these Terms of Use, shall be a non-exclusive, non-transferable, single-device license for the purpose of non-commercial use of the Services (excluding source codes and object codes).

3.The effective period of your license shall be from the day you start using Services until you stop using the Services or until we terminate the provision of the Services to you, whichever is earlier. Any attempt to circumvent or violate our technical protection measures for the Services may result in immediate revocation of your license to use the Services.

 

■ Data

1.All information, programs, software, tradenames and trademarks pertaining to the Services and any intellectual property rights, licenses and authorities associated therewith (including, but not limited to, patent rights, utility model rights, trademarks, designs, ideas, know-how, trade secrets, copyrights and any other rights; collectively, “Intellectual Property Rights”), are and shall remain the sole property of CYBIRD or our licensor.

2.You are not entitled to any Intellectual Property Rights or any claims for damages or compensation pertaining to the data you have stored or recorded within the Services.

3.The Intellectual Property Rights pertaining to the information uploaded by you through the Services (including posts to our BBS) shall remain your property. You understand and agree that when you upload your information onto the Services, you provide us with a license (perpetual, royalty-free, worldwide and non-exclusive) to use (or to reproduce, publicly transmit (or to make the information publicly transmittable), adapt, translate or sublicense) the information for our company’s business (which include the Services, our mobile and PC websites and any other media). In addition, by using the Services you agree not to exercise your moral rights against us.

4.You are responsible for compensating for any loss or damage we may incur as a result of any information you have uploaded through the Services.

 

■ Removal of Data

1.The handling of any data (including the Services and game data; collectively, “Data”) stored or recorded by you within the Services shall be subject to the provisions of these Terms of Use and other applicable individual terms of use.

2.We may arbitrarily remove, modify or transfer certain Data under any of following conditions without prior notice to you:

(1) Your Data volume has exceeded our Data capacity;

(2) Your Data is in violation of any provision of these Terms of Use or other applicable terms of use;

(3) We have determined that the removal of your Data is necessary to operate and manage the Services;

(4) We have determined that the removal of your Data is necessary for our smooth operation of the Services;

(5) We have determined that there are issues relating to your Data transmission;

(6) Termination or discontinuation of the Services; or

(7) We have determined that the removal of your Data is necessary for any other reason.

3.We assume absolutely no responsibility for any damage resulting from the removal, modification or transfer of your Data pursuant to the preceding paragraph and shall not be held liable to anyone under any circumstances for any loss of Data regardless of the reason.

 

■ Modification, Suspension, Termination or Discontinuation of the Services

 

1.We may modify all or part of the Services without prior notice to you at our discretion. Besides, we assume no responsibility of damages suffered by you due to a modification, suspension, termination or discontinuation;

2.We may temporarily suspend all or part of the Services without prior notice to you in the event of any of the following conditions:

(1) Periodic or emergency maintenance or repair is performed on the equipment for the Services;

(2) Provision of the Services is rendered difficult due to a natural disaster, including earthquakes, flood and tsunami;

(3) Provision of the Services is rendered difficult due to an unforeseeable event, including fire, power failure and other accidents;

(4) Provision of the Services is rendered difficult due to a force majeure event, including war, disputes, revolution, riots and labor disputes;

(5) We have determined that the temporary suspension of all or part of Services is necessary for operational or technical reasons; or

(6) To comply with applicable laws and regulations or orders from administrative bodies.

3.We may suspend, modify, terminate or discontinue all or part of the Services without prior notice to you at our discretion.

 

■ Uploads (Upload functions and services equipped with upload functions)

1.Please be sure to NEVER include any of the following (regardless of the format and consisting of any type of information including texts, audio, drawings, pictures and videos) in the information you upload to the Services using the upload functions:

(1) Your name, address, telephone number, e-mail address or any other personally identifiable information;

(2) Information which is in violation of public order and morals;

(3) Information related to criminal acts or those containing illegal contents;

(4) Information aimed at generating profits;

(5) Information containing slanderous expressions or those that may damage the reputation of a third party;

(6) Information that infringes upon the copyrights or other rights of a third party;

(7) Information related to religious activities or political solicitation;

(8) Information that interferes with the operation or use of the Services;

(9) Information that is or may be in violation of laws; or

(10) Information we deem inappropriate in light of our terms and policies concerning the operation of the Services.

2.If we find that you have submitted or uploaded certain contents containing any of the prohibited information provided for in the preceding paragraph, we may, at our discretion, take any of the following measures; provided, however that in no event shall we be obligated to monitor or remove any such contents:

(1) Delete relevant information without giving notice to you;

(2) Prohibit submissions or uploads from you;

(3) Delete your registered information;

(4) Report to the police or other relevant authorities if the content involves criminal acts or life-threatening danger;

3.Please notify us immediately upon discovery of any violation of these Terms of Use with respect to any contents uploaded by other users. We will take appropriate measures upon confirmation of such violation by removing relevant contents, notifying the user who has uploaded the contents and/or remove such user’s account.

4.Any information posted or uploaded to our BBS through the Services shall be handled in accordance with Paragraph 3 under the heading titled “Data” in Article 2 of these Terms of Use.

 

■ Virtual Currencies

1.Virtual currencies may be available for purchase in some of the Services, and will be issued to you at our discretion or in accordance with the terms of the Services or our official website. Please note that the virtual currencies issued to you through the Services are non-transferable.

2.Such virtual currencies issued to you may be used within selected Services pursuant to the terms and conditions established by us. Please refer to the terms and conditions provided within the Services or on our official website for more details including the expiration dates and issuance procedure.

3.The virtual currencies issued within the Services are non-refundable regardless of the reason, unless a refund is required based on applicable laws or regulations.

4.Your virtual currencies will automatically expire in the following circumstances:

(1) When you stop using the Services;

(2) When you are no longer eligible to use the Services; or

(3) When you have violated these Terms of Use or for any equivalent reason.

 

3. Fees; Expenses

 

■ Fees

1.Some of the Services may be available to you for a fee. Please refer to the information provided to you within the Services or on our official website for details regarding the pricing and payment.

2.We may modify our pricing and payment terms at any time and will notify you of any such changes through announcements within the Services or by posting on our official website. We encourage you to check the announcements and visit our official website regularly to keep yourselves updated on any such changes.

3.The new pricing and payment terms will take effect when the announcement or notice regarding the modification is posted within the Services or on our official website.

4.You may choose to terminate your use of the Services (by uninstalling, suspending your use or through withdrawal of your membership) if you do not wish to accept any changes made pursuant to Paragraph 2 above.

5.All fees are to be paid in advance and are not refundable for any reason unless otherwise expressly agreed to or announced by us. You are responsible for all fees (including any unsettled amounts in disputes, etc.) associated with your use of the Services.

6.Any payments through other payment service providers shall be made in accordance with the payment conditions specified by each respective payment service provider. In the event of any conflict or dispute between you and a payment service provider regarding the applicable payment service fees, you will be responsible for resolving the issues with the relevant payment service provider, and we will not be in any way involved therein.

7.We will not directly issue any receipts or notifications to you in connection with the fees for the Services.

8.By using the Services, you understand and agree that the fees will not be refunded even when you cannot access the Services due to suspension of or defect in any communication service (whether free or for a fee) you use to subscribe to the Services.

 

■ Expenses

1.You are responsible for preparing the hardware, internet connection and any other equipment necessary to use the Services at your own expense.

2.You understand and agree that you are responsible for covering all costs and expenses associated with your use of the Services including, but not limited to, the expenses for the preparation mentioned in the preceding paragraph, communication costs, internet connection and electricity.

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4. Registration and Handling of ID Passes

 

■ Registration

1.Some of the Services may be available to registered members only. If you wish to use the member-only Services, please follow the registration procedure separately established by us.

2.You will be eligible to use the member-only Services if your registration application is accepted after our review.

 

■ Managing Your ID and Password

1.You may be required to enter your ID and password to use some of the Services. Acceptable IDs and passwords (collectively, “IDs”) include those issued by us or third party providers approved by us, as the case may be.

2.You may not allow others to use your IDs or share your IDs with others, and are solely responsible for securely managing your own IDs at all times.

3.You are responsible for any and all transactions effected using your ID, as well as any fees, costs and expenses associated with such transactions, regardless of the actual person who used the Services with your ID.

4.Please notify us immediately and follow our instructions if you forgot your password and need to reset it.

 

■ Disqualification and Suspension

1.If we determine that any of the following circumstances applies or is likely to apply to you, we may cancel your eligibility to use the Services or suspend or stop providing the Services to you, in which event your membership will be deemed having been withdrawn. We will not be responsible for any consequences that may be caused to anyone from our decision pursuant to the foregoing:

(1) You have interrupted our operation of the Services;

(2) You have edited, falsified or distributed the information obtained through your use of the Services;

(3) You have violated any of the obligations or provisions under these Terms of Use or other applicable terms of use;

(4) You have acted in a way that would damage our company’s credibility;

(5) The information you have provided us is found to have been false;

(6) You have not logged onto the Services for more than a year;

(7) Your ID or password has been abused by a third party due to your poor management, whether intentional or not, and damage is caused to the Services;

(8) We have discovered that your eligibility had previously been canceled or suspended;

(9) You have violated our terms or policies for the use of the Services; or

(10) We have determined that cancellation of your eligibility or suspension of the Services is appropriate for any other reason.

2.You are responsible for compensating for any loss or damage we may incur as a result of your actions falling under any of the items in the preceding paragraph.

3.Any attempts to obtain multiple IDs for one user may result in immediate suspension of all IDs belonging to the user upon discovery.

4.You understand and agree that we will not be obligated to refund you any fees we have previously received from you in connection with the Services in the event of any disqualification or suspension of your account or membership pursuant to this Article.

 

 

 

5. Customer Information

 

■ Customer Information

1.You understand and agree that we may collect certain customer information (IP address, ID, password, product ID, identifiers generated by Cookies, manufacturer, model, state/province, timing and volume of advertisements displayed, call history, browsing history, app usage history, location information and any images, app data and contacts stored in your device) in the course of your use of the Services.

2.We will not disclose your customer information to any third party without your consent unless we are obligated to do so by law or an order of the court, the public prosecutor’s office, the police, bar associations, consumer affairs centers or other equivalent organizations.

3.You understand and agree not to make any objections or claims regarding our use of your data (names of game characters and nicknames, etc.) for advertisements and promotions for the Services.

 

■ Personal Information

You understand and agree that your personal information will be handled by us in accordance with our Privacy Policy.

 

■ Access

You understand and agree that we are entitled to access to, browse or retrieve any information or data posted, provided or disclosed by you through the Services, including the information exchanged among users through the Services, at our discretion but only to the extent permitted by applicable laws and regulations.

 

■ Advertisements

1.Some of the Services may be equipped with an advertising function, whereby advertisements (provided by us or third party providers) are displayed to you when you use the Services or by push notifications on your device.

2.For such advertising purposes as provided for in the preceding paragraph, we or third party advertising providers may collect your device information (including, but not limited to, IP address, product ID, manufacturer, model, region, and timing and volume of advertisements) during your use of the Services, and may disclose statistical information on the number of occasions on which specific advertisements appear on your device.

3.Any sale or transaction of products advertised within the Services shall be effected between you and the respective seller of the products. We will not be in any way involved therein, and will not be responsible for any issues or damages caused in connection with any information contained in such advertisements or with any sale or transaction arising therefrom.

4.When you use the Services, we assume that you have accepted these terms and policies relating to advertisements provided to you within the Services.

 

6. User Responsibilities

 

■ User Responsibilities

1.You understand and agree not to disclose to any third party any information relating to the Services including, but not limited to, incidents with respect to bugs, bug fixes performed, reports, bug fix schedules, and your ID and password.

2.You understand and agree that you will comply with all provisions of these Terms of Use, and are responsible for compensating for any loss or damage incurred by us as a result of your non-compliance.

3.You understand and agree that you will report us of any software malfunction or other issues relating to your user experience with respect to the Services, and that you will cooperate with us in improving the software for the Services.

4.If you believe that we may have violated any provision of these Terms of Use, please contact us promptly and cooperate with us in taking appropriate measures by following our instructions.

5.You understand and agree that you will immediately correct any violation of these Terms of Use (or refrain from taking any further action that is deemed an actual or suspected violation of these Terms of Use) upon receipt of a notice from us or other users.

 

■ Liabilities

1.You agree to be held accountable for any and all actions taken in connection with the Services, including any consequences resulting therefrom.

2.You are solely responsible for compensating for any loss or damage incurred by us or third parties as a result of any reason attributable to you in connection with your use of the Services.

 

■ Prohibited Acts

You may not engage in any of the following acts, whether on your own behalf or through a third party, in connection with your use of the Services:

(1) Sharing your membership eligibility with others;

(2) Assigning, transferring, selling, modifying the title to, or pledging as security any of your rights associated with the Services;

(3) Engaging in real life transactions using the virtual currencies and items obtained through the Services, including selling or buying the same via internet auctions;

(4) Repeatedly installing and uninstalling the Services for the purpose of obtaining items within the Services;

(5) Any act that interferes or is likely to interfere with our intellectual property rights or those of others;

(6) Any act that interferes or is likely to interfere with the property, privacy or publicity right of others;

(7) Harassing, discriminating or slandering others based on their race, religion or gender; damaging the credibility or reputation of others; physically or mentally attacking others as deemed by us;

(8) Any act that is or is likely to be related to criminal acts such as fraud;

(9) Transmitting images or texts containing or suggesting obscenity or child abuse;

(10) Establishing or soliciting a pyramid scheme, or engaging in any similar act;

(11) Modifying, altering or deleting our company information or other accessible information of third parties;

(12) Falsely assuming the identity of a third party to use the Services;

(13) Falsely assuming the identity of an officer, employee or a customer support representative for our company;

(14) Participating in political campaigns or any activities similar thereto;

(15) Participating in or soliciting for religious groups or activities;

(16) Participating in or soliciting for political group or activities;

(17) Providing or distributing advertisements to others, soliciting others, or interfering with the transmission or communication of information by others;

(18) Forwarding chain emails directly or through a third party;

(19) Accessing the equipment for the Services or the services provided by third parties without authorization or otherwise interfering with the Services such as by transmitting an excessive volume of information;

(20) Using any program not intended for the Services and interfering with the interests of others for your own benefit;

(21) Using services that are similar or equivalent to the Services through third party servers;

(22) Disseminating harmful computer programs, viruses or spam, whether voluntarily or involuntarily;

(23) Modifying, changing, editing, disassembling, decompiling, reverse engineering or otherwise analyzing the programs associated with the Services, or generating, distributing or using the utilities for such programs;

(24) Using the Services on a device that has been modified or altered in a way that is not authorized by the manufacturer;

(25) Destroying or damaging the relationship of mutual trust with us or a third party;

(26) Failing to comply with applicable legal or procedural requirements for registrations, permits and other authorizations from relevant authorities;

(27) Collecting or disclosing personal information of others without their consent or through fraudulent means;

(28) Any act that falls under any of the preceding items, is in violation of any provision of these Terms of Use or applicable laws or regulations, or is against public order or morality; or any act that may damage the credibility, property, benefits or interests of our company or a third party;

(29) Posting links for the purpose of facilitating any of the above acts with respect certain relevant data; or

(30) Any other act we deem inappropriate.

 

7. Others

 

The following acts are prohibited within the Services:

(1) Repeatedly registering with the Services by formatting/resetting your device or altering certain application using special tools; Registering with multiple club houses using a single device;

(2) Engaging in transactions in volumes not reasonably expected by collaborating with other users conducting any of the acts mentioned in the preceding item; or

(3) Soliciting any of the acts mentioned in Item (1) of this paragraph.

 

8. Miscellaneous

 

■ Disclaimer

1.We will not be responsible for any damage you may incur as a result of your failure to notify us of any change to your registered information pursuant to these Terms of Use.

2.We hereby disclaim all warranties as to the storage, whether temporary or permanent, of any customer information or data provided to us or recorded with us through the Services.

3.We are not responsible for any damage incurred by you or third parties as a result of unauthorized use of your ID or password under any circumstances.

4.We hereby disclaim all warranties as to the accuracy, usability, completeness or adequacy of any information provided to you or collected from you in connection with the Services.

5.You understand and agree that you will be solely responsible for resolving any inquiries or complaints from others regarding your use of the Services, or any inquiries or complaints you may have about others in connection with the Services at your own expense, and we will not be in any way involved therein.

6.You understand and agree that you will be solely responsible for resolving any disputes that may arise with other users at your own expense, and we will not be in any way involved therein.

7.We are not responsible for any damage caused to you or third parties as a result of an interruption or suspension of the Services or for any other reason.

8.We are not responsible for any damage incurred by you as a result of a discontinuance of the Services.

9.We hereby disclaim all warranties as to the safe operation of the Services, including the warranty that the Services are free of errors and computer viruses.

10.We are neither responsible for, nor obligated to compensate for, any loss or damage you may incur in connection with their use of the Services under any circumstances.

11.We are not responsible for any damage you may incur as a result of any issues on the part of third party providers of communication or electricity services.

12.You are solely responsible for any consequences that may occur as a result of your violation of the applicable laws of Japan or other countries in connection with the Services, and we will not be in any way involved therein.

13.We disclaim all warranties as to the consistency of the products and services provided to you in connection with the Services, on the basis that the functions and data contained within the Services are continuously being developed and improved.

14.You understand and agree that we have the sole discretion to modify the schedule and deadlines for the Services.

15.Notwithstanding the preceding item, in the event that we are held liable for any damage caused to you for any reason, the maximum amount of our liability to you shall not exceed the total amount of payments received or receivable from you during the month in which such claim for damages is made; however, our liability to you shall in no event include any incidental, indirect, special or future damages or lost profits. In the case of jurisdictions where the foregoing limitation of liability is not legally recognized, our total liability to you shall be limited to the minimum amount permitted by the applicable laws within the respective jurisdictions.

 

■ Severability

If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable laws or regulations, the remainder of these Terms of Use shall continue in full force and effect.

 

■ Damages

If we find that you have committed any acts prohibited under these Terms of Use, or that you have acted in a way that may interfere with the rights or interests of a third party, we shall be entitled to take all necessary measures to correct such violations to maintain our proper provision and operation of the Services. You understand and agree that you are responsible for compensating for any loss or damage incurred by a third party as a result of your violation of these Terms of Use or any other reason attributable to you. In taking the necessary and appropriate measures pursuant to the foregoing, we may provide relevant authorities with personal information of individuals believed to be involved in such violations.

 

■ Assignment

1.Unless our prior written consent is obtained, you may not assign, transfer or pledge as security any title or right under these Terms of Use to any third party, whether in whole or in part.

2.You understand and agree that in the event we transfer a part of our business relating to the Services, we are also entitled to transfer to the transferee our title, rights and obligations under these Terms of Use in addition to customer data relating to the Services. Transfer of business as provided for in this paragraph shall include mergers where our company is being absorbed or split and company split-ups where our company becomes the general successor.

 

■ Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and any disputes arising out of or in connection with these Terms of Use shall be resolved amicably through mutual consultation in good faith. Any disputes that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. You understand and agree that the United Nations Convention on Contracts for the International Sale of Goods of 1980 shall not apply to these Terms of Use or any sale or transaction arising out of or in connection with these Terms of Use.

 

Effective: May 2, 2016

 

BFB Champions 2.0 - Football Club Manager