Article 1 Definitions
The terminology used in this agreement will be defined as the following.
1. "The service" is the service provided through the internet in this App.
2. "Users" are customers who use this service.
3. "Third parties" are third parties, that are neither you nor us (this includes other users).
4. "Virtual Content" is a generic term for the song data and services available for purchase with the service.
5. "The official site" is the official companion site of the App, which can be linked to from within the App.
Article 2 Minors
Users who are minors can use the service and purchase Virtual Content only if their guardian has agreed to the Term.
Article 3 Range of the Terms
All methods of use, rules, and any other regulations regarding the service stipulated by the company, regardless of naming, will form a portion of the terms.
Article 4 Price of the Service
1. The App is free to download, however, we may permit you to use "real world" money to buy in-App products and services ("Virtual Content"). Certain features of the App, including certain Virtual Content, may be unavailable if not purchased.
2. You may only purchase Virtual Content in the amount and at times permitted by us in our sole discretion, and only for your personal use. We may change the price and availability of Virtual Content at any time.
3. Users will pay for Virtual Content in accordance with the payment terms stipulated separately by the payment processing company that we use to handle payments ("payment processor"), in this case, we use Google.
4. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event that your credit card refuses payment for an amount credited to your account, we will have the right to delete previously acquired Virtual Content and cease access to all other Virtual Content.
5. Virtual Content does not have monetary value, and may not be redeemed for legal currency, or items of value outside of the services. Virtual Content obtained via the service is provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the service. You have no property interest; right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us.
6. If a dispute should arise between a user and the payment processor regarding payment, the user will be responsible for resolving the dispute. To the fullest extent permitted by applicable law, we will not accept any responsibility for the dispute. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
Article 5 Return/Refund Policy
ALL PURCHASES OF VIRTUAL CONTENT ARE NON-REFUNDABLE. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR YOUR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a cooling off period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Virtual Items under local law. ALL PURCHASES OF VIRTUAL CONTENT MADE THROUGH THE APP ARE NON-RETURNABLE AND NON-REFUNDABLE.
Article 6 Changes to the App and the Terms
1. We may, from time to time, issue updates to the App, which may be required to be installed in order for you to continue using the App.
2. We will modify the contents of the Terms at will as it becomes necessary.
3. If we change the Terms, that information will be published through the service or the official site. Changes to the Terms will take effect the moment they are published through the service or the official site. We will consider your continued use of the App as acceptance of the updated Terms.
Article 7 User ID, Password
You will automatically be provided a user ID when you first open the App and will have the opportunity to create a password. Please record your user ID and password and save them in a safe location, as your account will not be recoverable unless you can provide both items.We are not responsible for lost or stolen account information.
Article 8 Information Privacy
Article 9 Responsibilities of Use
1. Users are responsible for their own use of the service.
2. We do not guarantee to users that there are no defects or bugs in the service, and will bear no responsibility for repairing defects or bugs.
3. We offer no guarantees whatsoever regarding the service's use on all devices or the service's content.
4. If a user causes damage to us or others by using the service, that user will be personally responsible for the costs of compensation for the damage.
5. The service may contain links to websites other than those operated by us. We bear no responsibility whatsoever regarding the contents of said websites.
Article 10 Intellectual Property Rights
Users will not obtain intellectual property rights, claim rights, or any other rights whatsoever to any of the contents contained in the service, including, without limitation, user data, aggregate information, or other information relating to the use of the service. Use of content outside of the service is also prohibited.
Article 11 Suspension/Modification/Termination of the Service
1. We may suspend the service without notifying users.
2. When practical, we will notify users through the service or the official site at least 30 days in advance if the service is to be terminated.
3. We can modify the contents of the service without notifying users.
4. Even in cases listed in the previous clauses, we will not, except as otherwise required by applicable law, accept any responsibility for the users.
Article 12 Prohibited Actions
We prohibit the following actions:1. Allowing others to use your personal user ID or password. or using others' personal user ID or password.
2. Acquisition of Virtual Content or other data through unlawful methods.
3. Providing data from the service to others.
4. Reproduction of data from the service as well as providing said reproduction to others.
5. Violating ours, or others’, intellectual property rights or any other rights, including, but not limited to, creating derivative works based on the content of the App, or any part thereof or reproducing, distributing, disclosing, or publicly performing the App or any parts thereof.
6. Using the App for the benefit of any third party, including without limitation, in an outsourcing, service bureau or timesharing arrangement;
7. Using any unauthorized third-party software or other technological means (e.g. bots, mods, hacks, and scripts) to modify the App experience.
8. Infiltration of the server operating the service.
9. Actions that may cause a malfunction, bug or other defect with the servers that operate the service.
10. Excessively and unnecessarily installing the App on numerous devices.
11. Development of an unlawful program, tool, or App, regardless of naming, whose goal it is to use the service unlawfully. Also, providing said program, etc. to others, or allowing them to use said program, etc.
12. Any alteration (including falsification), reparation, adaptation, creation of derivative works, decompiling, disassembly, or reverse engineering of the service's data, or any actions resembling these.
13. Having others perform any of the actions listed above or influencing others to perform any of the above actions.
14. Aiding others in performing any of the actions listed above, or facilitating with your own actions.
15. Actions that we have notified users, or announced through the service or the official website, are prohibited.
16. Any and all actions that would hamper the operations of the service.
17. Any and all actions we judge to be unsuitable.
Article 13 Termination of the Service, Erasure of Registration, and Indemnification of The Pokémon Company.
We may, in our sole discretion and without notice, terminate or suspend your access to the App if we believe you have violated the Terms. Furthermore, you agree to indemnify, defend, and hold us and all affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees thereof harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the App. You shall use best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Article 14 Disclaimers
1. You understand that the App is provided to you "AS IS" and may not work on every device or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POKÉMON COMPANY, INC. DISCLAIMS ALL WARRANTIES RELATING TO THE APP, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE APP.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POKÉMON COMPANY, WILL NOT, NOR WILL ITS AFFILIATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES BE LIABLE WITH RESPECT TO THE APP UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE APP, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE COMPANY OR ITS LICENSORS OR AGENTS.
3. If, despite the disclaimers provided above, we are found responsible for damages to a user, the range of that responsibility will be limited to ordinary damages that directly affected the user and will not include compensation for lost wages or any other special damages. In addition, to the extent permitted by applicable law, the total sum of damages will be limited to the total amount paid by a user for the service or 100 JPY, whichever is higher.
Article 15 Applicable Law/Jurisdiction
1. The Terms will be interpreted in accordance with Japanese laws.
2. In disputes between us and the users, Tokyo District Court will have exclusive jurisdiction in the first instance of said dispute.
Article 16 Links to Third Party Sites
In the course of using the App, you may be provided links from the App to other locations, either controlled by us, an affiliate, or a third party. Once you leave the App, the Terms no longer apply and you will be subject to the terms of service and privacy policies of the destination location.
Article 17 Feedback
We may provide you with opportunities to let us know what works and what doesn’t work with App. If you respond to any of our requests for information or if you report errors in App or any other problems you discover with the App, you understand that we will own such feedback.
The Terms take effect May 7, 2015.