G123 Terms of Use (“TOU”) sets forth the terms and conditions of use of the Site (defined in Article 2) provided by CTW Inc ("CTW") and the Services provided by the Game Distribution Companies (defined in Article 2). Users of the Site or the Services are requested to read and agree to the TOU before using the Site or the Services. By using the Site or the Services, the User is deemed to have agreed to the TOU.
The purpose of this TOU is to set forth the terms and conditions for the provision of the Site and the Services (defined in Article 2), as well as the rights and obligations between the Company and the User (defined in Article 2) with respect to use of the Site and the Services, and the TOU shall apply to all relationships between the User and the Company with respect to use of the Site and the Services.
The rules regarding the use of the Site or the Services ("Individual Terms") posted on the Site or the Services by the Company shall be applied to the use of the Site and the Services as an integral part of the Individual Terms. In the event of any discrepancy between the Individual Terms and this TOU, the Individual Terms shall take precedence over this TOU.
The definitions of terms used in this TOU are as follows.
The User has only the right to use the Site or the Services in accordance with the terms and conditions set out in this TOU and the specifications of the Site or the Services. The User does not hold any exclusive rights or legal titles to any data (excluding personal data) in or about the Site or the Services (except to the extent permitted by applicable law to the maximum extent). Nor do the Company and the Game Distribution Companies guarantee the permanence of such data. In order to maintain the stable and proper operation of the Site or the Services, the Company or the Game Distribution Companies may erase all or part of such data without prior notice in view of the use of the Site or the Services by the User.
The Company or the Game Distribution Companies may add new functions or services to the Site or the Services, or change the contents of the Services, as necessary. Users shall use the Services with the prior consent of the Company.
The Content includes any content that the User may purchase (in this section, "Selling Content"). Any Selling Content purchased by the User will not be refunded for any reason whatsoever. Selling Content may be sold by the Company, the Company’s group companies, the Game Distribution Companies, or third parties.
The Company will determine, at its own discretion, whether or not to respond to inquiries from users regarding the Services, and the content of such responses.
If the User is a minor, please obtain the consent of a person with parental authority before using the Site or the Services. If a minor uses the Site or the Services, the minor is deemed to have obtained the consent of a person with parental authority to use the Site or the Services.
The Company or the Game Distribution Companies may suspend the use of the Site or the Services in the event that a User falls under any of the following circumstances. In such cases, Article 9, Paragraph 2 shall apply.
The User may not assign, lend, change the name of, grant as security, or otherwise make available for use by a third party his/her legal position or rights to use the Site or the Services.
In the event that a service that requires registration of specific information is included on the Site or in the Services, User shall register and use such information in accordance with the Individual Terms that may be specified by the respective service.
The User shall manage the Authentication Information for this Site or the Services at his/her own responsibility and expense, and shall not allow a third party to use, lend, transfer, sell, trade, pledge, or disclose the Authentication Information.
The User shall be responsible for any damage caused by leakage of information due to inadequate management of Authentication Information, errors in use, use by a third party, unauthorized access, etc., and the Company shall not be liable for any such damage. In the unlikely event that the Company incurs damages due to unauthorized use of Authentication Information, the User shall compensate the Company for such damages.
If a third party becomes aware of the Authentication Information, or if there is a suspicion that the Authentication Information is being used by a third party, the User shall immediately notify the Company of such fact in accordance with this TOU and the method specified by the Company, and shall comply with the Company's instructions, if any.
The Company shall not be liable for any disadvantages incurred by the User, such as not being able to use the Site or the Services, due to the User's failure to submit the notification in the preceding paragraph.
If a User fails to submit the notification described in Paragraph 3, the Company may suspend the use of the Site or the Services by such User.
Please refer to the Company’s Privacy Policy.
Any and all data or intellectual property rights (including the right to apply for or register, the same shall apply hereinafter) related to the Site, the Services, or the Contents or any other rights or interests protected by law relating to the Site, the Services, or the Content shall be the sole property of the Company (including the Company's group companies, hereinafter the same) or the licensor of the rights to the Site or the Services, or in certain cases, the Game Distribution Companies.
The User shall represent and warrant to the Company that the User has the lawful right to post or otherwise transmit the posted data ("Posted Data") and that the Posted Data does not infringe upon the rights of the Company or any third party.
The User shall grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable, irrevocable license to use, reproduce, distribute, create derivative works from, display, and perform the Posted Data for a non-limited period of time. The User shall also grant other Users a non-exclusive license to use, reproduce, distribute, create derivative works from, display, and perform any Posted Data that the User post or otherwise transmit using the Site or the Services.
The User agrees not to exercise moral rights in the Posted Data against the Company, any person who has succeeded to or been granted rights by the Company, or the Game Distribution Companies.
The User may only use the Site or the Services in accordance with this TOU, the specifications of the Site or the Services, and may not claim ownership or use any intellectual property rights or other rights or legally protected interests of the Company, its licensors, or the Game Distribution Companies in the Site or the Services apart from the use of the Site or the Services.
The Company or the Game Distribution Companies do not guarantee the accuracy, usefulness, legality, absence of defects, inadequacy of security, fitness for a particular purpose, absence of infringement, or any other matters concerning the Site or the Services.
The Company or the Game Distribution Companies shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Site or the Services by the Company or the Game Distribution Companies, deletion or loss of user messages or information, loss of data or malfunction or damage to equipment due to use of the Site or the Services, or any other damages incurred by the User in connection with the Site or the Services. The Company shall not be liable to compensate for any damages incurred by Users in connection with the Site or the Services.
If the User causes damage to a third party by using the Site or the Services, the User shall compensate for such damage at the User's own expense and responsibility.
Any transactions, communications, disputes, etc. between Users and other Users or third parties in connection with the Site or the Services shall be handled and resolved at the User's own risk, and the Company shall not be liable for any such matters.
The Company shall not be liable for any damages incurred by Users as a result of unavailability of the Services due to malfunctions, errors, or failures caused by excessive access to the Site or the Services.
The Company shall have no obligation to compensate for any damage to computers, lines, software, etc. caused by downloading or computer virus infection from the Site or third party websites, including the Services and advertisers.
The Content and information on the Site or the Services is limited to what the Company or the Game Distribution Companies can provide at the time. The Company makes no warranty of any kind regarding the completeness, accuracy, applicability, usefulness, availability, safety, or reliability of the information provided, any text or other content sent (transmitted) by Users, or any software or other information.
The Company may from time to time provide the User with information or advice regarding the Site or the Services, but the Company is not responsible for any consequences resulting from the User’s use of such information or advice.
The Company shall not be liable for any damage to data on the Site or the Services caused by external factors of any kind.
The User shall not offer the Contents under the User's control for trade with any third party, regardless of whether such trade is a gift, sale, license, or other form of trade, or whether it is paid or unpaid.
If this TOU or Individual Terms and conditions, etc., fall under a consumer contract under Article 2, Paragraph 3 of the Consumer Contract Act, and damages incurred by a User are based on default or tort by the Company, and the provisions of this TOU or Individual Terms and conditions that completely exempt the Company from liability for damages do not apply, the Company shall be liable for damages only for ordinary damages directly incurred by such User. However, this excludes cases of intentional misconduct or gross negligence on the part of the Company.
Users shall not engage in any of the following acts when using the Site or the Services. If a User engages in any of the following acts, the Company may immediately take measures such as suspending the use of the Site or the Services, or deleting the contents posted by the User, including the Posted Data.
In the event that the Company suffers any damage, the User shall compensate the Company (including the Company's group companies) for the damage. In addition, the Company is under no obligation to disclose the reason for any action taken by the Company based on this Article.
The Company or the Game Distribution Companies may suspend or discontinue all or part of the Site and the Services without prior notice to the User in any of the following cases
The Company or the Game Distribution Companies may terminate the provision of the Site or the Services at the Company's convenience. In this case, the Company will notify the User in advance. However, this shall not apply in case of emergency.
The Company or the Game Distribution Companies reserve the right to change the content or name of the Site or the Services at any time without prior notice to users or third parties via e-mail or other means.
In no event shall the Company be liable for any damages incurred by the User based on actions taken by the Company in accordance with this Article.
The preparation and maintenance of computers, software and other equipment, telecommunication lines and other telecommunication environment, etc. necessary to receive the provision of this Site or the Services shall be done at the User's expense and responsibility.
The User shall, at his/her own expense and responsibility, take security measures such as preventing computer virus infection, unauthorized access, and information leakage, in accordance with the environment in which he/she uses the Site or the Services.
When the User downloads or otherwise installs software, etc. from the Company's website or installs software, etc. on the User's computer, etc. while using the Site or the Services, the User shall take sufficient care to prevent the disappearance or alteration of information held by the User, or malfunction or damage to the equipment. The Company shall not be liable for any damage incurred by the User.
The Agreement shall take effect from the time the User begins to use the Site or the Services, and shall remain in effect between the Company and the User until the time the provision of the Site or the Services is terminated, whichever is earlier.
The Company may change the TOU to a reasonable extent without prior notice to the User. The modified TOU shall apply on the effective date determined by the Company by notifying the User of such modification in the manner set forth in this Article, and the User who uses the Site or the Services after the modification of the TOU shall be deemed to have agreed to the modified TOU.
Whenever the Company intends to revise this TOU, the Company will notify the User via e-mail or the website for the Services.
If a User does not terminate all use of the Site and the Services within the period of time specified by the Company (or one week from the date of notification if no such period is specified) from the date of notification of the revision of this TOU based on the preceding paragraph, such User shall be deemed to have agreed to the revision of this TOU, and the revised TOU shall become effective between such User and the Company.
The User may not claim ignorance or disapproval of such contents after the time of effectuation as set forth in the preceding paragraph.
This TOU shall be construed and applied in accordance with the laws of Japan.
If any question or problem arises between the User, the Company, the Game Distribution Company, or any third party in connection with the Site or the Services, the parties will consult with each other in good faith in each case and attempt to resolve the issue.
If any question or problem cannot be resolved through consultation as described in the preceding paragraph, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
If the User has any comments, questions, complaints, or other inquiries regarding the Site or the Services, please contact the Company at the following address.
[Contact].
Company name: CTW Inc
e-mail: contact@ctw.inc