Terms of Service and User Agreement
These Terms of Service and the User Agreement (the “Terms”) set forth the terms and conditions for you to use the software and download content for non-iOS or Android purpose (the “DLC,” and with such software, the “Company Software”) provided by SNK CORPORATION (this “Company”).
Article 1 (Before Use of Company Software)
3.This Company may make amendment to the Terms at its discretion without obtaining your agreement. In such event, you shall be deemed as having agreed to such amendment upon your use of the Company Software after such amendment to the Terms. You are encouraged to always make sufficient confirmation on any amendment to the Terms through the official website of this Company or the Company Software or whatsoever, and if you find any of the amended provision not agreeable, you shall immediately cease using the Company Software. Even if you have ceased using the Company Software for a reason that you have not agreed to the Terms, this Company shall have no liability for any damages incurred by you.
4.Any minor or person with limited capacity (e.g., adult ward) shall necessarily obtain a prior approval of the parent or any other applicable agent on the Terms&Policy, and shall use the Company Software after being advised on such use.
Article 2 (Application of Terms)
1.The Terms shall become applicable upon your agreement to the provisions of the Terms, i.e., a formation of a contract to use the Company Software on the terms and conditions as contained herein.
2.The Terms shall govern the relationship between this Company and you, and in no event shall the Terms be construed as giving a rise to any right or duty between this Company and any third party.
3.The Terms shall continuously remain in force throughout your use of the Company Software. However, you may cease the use of the Company Software and terminate the Terms at any time by uninstalling, destroying, deleting or otherwise discontinuing the Company Software.
Article 3 (Grant of License and its Content)
1.This Company hereby grants you a license to use the Company Software under the Terms. If the Company Software or any machine, device, hardware or other means of using the Company Software is subject to any use limitation in such means, you shall also abide by such limitation in addition to the terms.
2.No assignment or transfer of any intellectual property right in or to the Company Software shall be made under the Terms. Unless explicitly granted to you under the Terms, this Company reserves any and all right in or to the Company Software, including any intellectual property right therein or thereto.
3.You may not make any copy, modification, alteration, change, translation or whatsoever in respect of the Company Software in whole or in part.
4.You may not decompile, disassemble or reverse-engineer the Company Software in whole or in part, or extract any source code thereof.
5.All copyright, trademark right or any other right in or to any character, storyline, image, still or motion picture, music, text or whatsoever contained in the Company Software shall be the property of this Company. You may not use any one of the foregoing without the authorization of this Company.
Article 4 (Use of Company Software)
1.Notwithstanding the preceding Article, this Company shall not claim your use of the Company Software as the infringement of the Company’s right provided that such use satisfies any and all of the following terms and conditions:
(1) Any motion picture in which you play the Company Software is transmitted through the Internet or any other means, and such transmission shall include so-called live streaming;
(2) No processing or other editing made to such transmitted motion picture significantly misrepresents any content or expression of the Company Software;
(3) Such transmission is made in the course of personal use unless otherwise excepted, and not for the purpose of any business or third-party profit, provided, however, that the foregoing is not applicable if such transmission uses the profit function or whatsoever officially recognized as acceptable by the motion picture posting site or others (e.g., partner program provided by YouTube) that this Company deems acceptable;
(4) Any transmitted motion picture must be the motion picture in which you play the Company Software, and may not be a mere conversion of any demonstration video published by this Company or any motion picture transmitted by any third party;
(5) You may not place any indication as if this Company proactively endorses, encourages, promotes or supports such transmitted motion picture; and
(6) No portion of such transmission shall be contrary to the applicable law or the moral or ethic in general, or infringe any third-party right (including any intellectual property right, and other right or interest).
2.If this Company determines that any transmitted motion picture is contrary to the terms or conditions in the foregoing, and so advises you, you must cease such transmission. Even if the transmitted motion picture is not contrary to the foregoing terms or conditions,but if this Company advises you that the transmission is not appropriate, you must cease such transmission in accordance with the Company’s determination.
3.Any and all copyright, trademark right and other intellectual property right in or to the transmitted motion picture shall be the property of this Company, except for any work of original creation or expression incorporated in such motion picture and independent of the Company Software, and for any property subject to any third-party right.
4.Upon the transmission of such motion picture, you shall be deemed as having granted this Company a royalty-fee license with indefinite term to exploit such transmitted motion picture.
Article 5 (Download Content)
1.As part of the Company Software, this Company may make available any additional data or content as the DLC. Such DLC shall be made available on condition that you purchase any specific software and continuously use such software, and thus may not be purchased or downloaded on a stand alone basis.
2.If you download any paid DLC, you must purchase such DLC in accordance with the fees and payment terms as prescribed by this Company.
3.The fee or payment terms for such paid DLC may be amended in the Company’s discretion, but no individual notice will be made to you in the event of such amendment. You are encouraged to confirm such amendment within the Company Software or through the official website of the Company Software.
4.Unless otherwise provided in the applicable law, this Company will accept no return or exchange of any DLC once purchased or downloaded by you, or make no refund in respect thereof.
Article 6 (Means of Use)
1.In respect of any equipment (e.g., software, game player or mobile device) or means for the Internet connection or whatsoever necessary for the use of the Company Software, you shall confirm on your own in advance that such equipment or means is compatible for the use of the Company Software, and prepare the same at your own cost and liabilities.
2.This Company may modify, or cease the provision or update of, the whole or a part of the Company Software at any time without your prior agreement. The reference to the “Company Software” made herein shall also include the Company Software as modified or updated, as the matter of course.
Article 7 (Disclaimer)
1.This Company provides you with the Company Software on an as-is basis as of the time you purchase the Company Software. This Company hereby disclaims any warranty that the Company Software normally functions under any use condition.
2.This Company disclaims any and all liabilities for storage, management, restoration or whatsoever of any information in connection with the Company Software (including any information in connection with the purchase or download of any DLC under the Terms) unless otherwise provided under the applicable law or the Terms&Policy.
3.This Company shall have no liability for any and all damages incurred by you as the result of the use of the Company Software unless such damages is caused by the Company’s malice or gross negligence.
4.In the event that this Company is held liability to you for any damages caused by the Company’s malice or gross negligence, such liability of this Company shall be capped at the total amount that you have paid in the purchase of the Company Software up to the incurrence of such damages. Further, the damages for which this Company is liable shall be limited to the direct damages actually incurred by you, and in no event shall this Company be liable for any indirect damages, incidental damages, special damages, loss of profit or other loss or damages even if such damages is foreseeable to this Company.
Article 8 (Prohibition)
1.This Company hereby prohibits you from committing any one of the following in using the Company Software:
(1) Any act contrary to, or likely to be contrary to, the applicable law;
(2) Any act that may cause any harm or damage to this Company or any third party;
(3) Any act that may defame this Company or any third party, damage the credit or reputation thereof, or infringe the privacy thereof;
(4) Any act that may infringe any right (including without limitation any intellectual property right, other property right, privacy, likeliness, credit and reputation) of this Company, any other user or other third party;
(5) Any act to use this Company Software for any commercial or business purpose or any third-party profit without authorization of this Company, unless otherwise explicitly licensed under the Terms&Policy;
(6) Any act to use the Company Software or the official website thereof to exhibit the notice or other advertisement dedicated to meeting or collecting any other user to solicit participants;
(7) Any act to advertise or promote any product or whatsoever or solicit the users of any services through the Company Software;
(8) Any act to disguise yourself as any officer or employee of this Company or its affiliate;
(9) Any act to use the Company Software by any means or manner not authorized by this Company, or any act to access to, or attempt to access to, the Company Software or the official website thereof through such unauthorized means or manner;
(10) Any act contrary to the applicable law or otherwise to the public order or moral; and
(11) Any act determined by this Company as proper to be prohibited, and so notified or announced to you.
2.In the event where you have committed any one of the foregoing acts or any breach of the Terms, this Company may refuse to allow you to use the Company Software any longer, and claim against you any damages incurred by this Company from such act or breach if any.
Article 9 (Investigation by this Company)
1.If this Company has any suspicion with a reasonable ground over whether or not you comply with the Terms in using the Company Software, this Company may request for your explanation for such suspicion by this Company, and you must make the explanation on the status of your compliance with the Terms in accordance with the request of this Company.
2.If you do not make such explanation under the preceding paragraph, this Company may refuse to allow you to use the Company Software any longer.
Article 10 (Handling of Your Information)
In accordance with the applicable law and the Terms&Policy, this Company may collect your in-game behavior, scoring, ranking, performance and other data during your use of the Company Software, and may use, store, transmit or publish such collected information.
Article 11 (Governing Law and Forum)
The Terms shall be governed by, and construed in accordance with, the law of Japan unless the following Article is applicable. Any dispute arising between this Company and you in connection with the Terms&Policy or the use of the Company Software shall be submitted to the exclusive jurisdiction of the Osaka Summary Court or the Osaka District Court for the first instance, in accordance with the amount of the controversy.
Article 12 (Exception under Law of Domicile)
The Terms are not intended to exclude the application of any compulsory law enforced under the law governing your domicile. Depending on the law governing the district wherein the Terms apply, some provision under the Terms may be nullified or require any amendment. In such event, the Terms shall be deemed as invalid or having been amended as required under such law, but such invalidity of or amendment to the Terms shall be limited to the extent as required under such law, and the Terms shall be effectively applicable beyond such extent.
Article 13 (Contact)
Any query or opinion in connection with the Terms&Policy shall be addressed to the following contact:
Name: SNK Corporation
Address: Shin-Osaka No.2 NK Building 3rd Floor, 4-5-41, Miyahara, Yodogawa-ku, Osaka 532-0003
Means: Please contact through the “contact” linked in the official website of the Company Software.