Skeyll (hereinafter referred to as "I", "me") is establishes the following terms of use (hereinafter referred to as "this Agreement") for the "BattleSound" service (together referred to as this "Service" or "the Service(s)") operated and provided by me.
Article 1 Definitions
- "User" means a user of the Service.
- "Account" means the one issued by me to identify the User.
Article 2. Consent to the Agreement
- By agreeing to this Agreement and the Privacy Policy (hereinafter referred to as the "Policy"), the User agrees to use the Service.
- If User does not agree to the Agreement or the Policy, User shall not use the Service and must immediately cease downloading, installing or using the Service. If User have already installed the Service, User shall uninstall it.
- In the event of any discrepancy between this Agreement and the Policy, the Policy shall take precedence.
Article 3 Handling of Personal Information
I shall properly handle personal information obtained from Users in accordance with the "Privacy Policy" separately established by me.
Article 4 Copyrights and Video Submissions
- Copyrights, publicity rights and other intellectual property rights, ownership rights and other property rights, as well as portrait rights and other moral rights arising from the text, images, programs and any other information comprising the Service shall belong to me or to any third party that has such rights. This agreement does not transfer any intellectual property rights or other rights related to the service to the user, except as expressly provided.
- The specifications, rules, design, auditory expressions and capabilities, scenarios and any other matters related to the Service may be set or changed by me at my discretion, and the User acknowledges this in advance.
- INDIVIDUAL Users can post videos, still images, etc. using the Service only for non-commercial purposes, and in the event that earnings are generated from the posted videos or distribution service, such earnings shall be earned by the User concerned. This videos are defined as videos of the Service with audio, text, etc. added, and users are not allowed to post in-game music for the purpose of listening. If User disputes with a third party, the User shall resolve the issue at them own expense and responsibility, and shall not cause any inconvenience or damage to me. In addition, Users agree to promptly delete the posted work if requested to do so by me.
Article 5 Fees and Paid Services
- This service is basically free of fees.
- In-game currency and some services are sold for a fee. The fees for these paid services (hereinafter referred to as the "Paid Service(s)") are listed at the place of sale, and the User agrees to the listed fees before purchasing the Paid Services.
- When a minor purchases Paid Services, the User shall do so with the consent of a person with parental authority for the minor. When the minor User purchases Paid Services, such settlement shall be deemed to have the consent of the person with parental authority for the minor.
- I may change the fees for Paid Services. If User does not agree to such change, the User shall not be able to use the Service. Even if the User is disadvantaged by the change, I will not make up the difference. When I change the fees, the changes fees will be displayed at the place of sale.
- There are two types of Game Currency. Free Currency obtained from viewing ads and rewards for playing games, and Paid Currency obtained by purchasing Paid Services. these Currencies is used to purchase game items. If User has both Free Currency and Paid Currency, Free Currency will be used first. These Currencies can only be used for game items. USER AGREES THAT GAME CURRENCY AND GAME ITEMS HAVE NO CASH VALUE AND I HAVE NO OBLIGATION TO EXCHANGE GAME CURRENCY OR GAME ITEMS FOR ANYTHING OF VALUE. IF USER'S ACCOUNT IS TERMINATED, OR SUSPENDED, THE GAME CURRENCY, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Neither Game Items nor Game Currency may be transferred, licensed or sold.
- The User shall not be entitled to a refund, return or other repayment in circumstances where there has been a cancelation by the User of the Paid Services and in-game items other than to the extent that any such refund, return or other repayment is required by applicable laws/regulations.
- The User may not transfer items or other items obtained through purchases to another account.
Article 6 Prohibited Matters
-
The User shall not engage in any of the following acts with respect to the Service, whether inside or outside the Service. In addition, the User shall not instruct, abet or coerce any third party to perform such acts.
- Acts that violate or may violate the Constitution, treaties, laws, ordinances, other laws and regulations, public order and morals, or the Agreement.
- Committing fraud (including computer fraud), obstructing business or intentionally interfering with the Service(s) or fair play, making unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead to a violation of a law.
- Infringing on my or any third party's copyrights, publicity rights or other intellectual property rights, portrait rights or other moral rights, ownership rights or other property rights
- Any act that unfairly discriminates against or defames me or any third party, or any act that defames the reputation or credibility of me or the Service.
- Any act of distribution or posting that contains expressions or contents that harass, obscene, abusive or disgusting to any third party.
- Posting, writing, distributing, or uploading violent or grotesque photos or other content.
- Stalking, persistently following, or sending mass messages against the will of other Users.
- Posting links to porno sites, dating sites, etc., or acts intended to attract or induce encounters.
- Acts that may adversely affect the personality development of minors, such as inducing minors to drink alcohol, smoke, or get drugs.
- Inducing or soliciting others to commit suicide or self-injury.
- Inducing or soliciting others to engage in antisocial activities.
- Promoting discrimination related to religion, race, gender, etc.
- Acquiring, disclosing, falsifying or leaking information that can identify a specific individual such as name, telephone number, email address, address, etc., or non-public information, trade secrets or confidential information of a company, organization, etc., without the permission of the individual or the right holder, or any act that may cause such an act.
- Acts such as impersonating me or a third party or otherwise registering or posting false information.
- Unauthorized access or acts that cause or may cause misunderstanding, such as acting as if you are another person.
- Advertising, announcing, or soliciting for pyramid schemes, multilevel marketing schemes, network businesses, or other transactions similar to pyramid schemes.
- Tampering with the various contents provided by me through this service in an illegal manner, or encouraging such actions.
- Transferring or allowing a third party to use all or part of the account, service content, or any other rights available to users of the Service, whether for a fee or free of charge, as well as any advertising, notification, or solicitation thereof.
- Any act that causes or may cause annoyance or damage to me or any third party.
- Providing links with the intention of promoting an act which is prohibited under this paragraph.
- Any other acts that I deem inappropriate.
-
Users shall not engage in any of the following acts that may interfere with the operation of the Service or obstruct the operation of the Service, whether inside or outside the Service. In addition, the User is prohibited from instructing, abetting or coercing a third party to perform such acts.
- Attempting to manipulate or change any data contained in the Service.
- Copying, transmitting, transferring, lending, translating, adapting, modifying or combining the Service with any other software.
- Removing or changing any copyright or other rights notices attached to the Service.
- Acts of using, creating, distributing, or selling external tools that affect the Service. (excepting the tools I approve.)
- Acts of sending the same or similar messages to an unspecified number of users or repeatedly sending messages to a specific User. (excluding content approved by me)
- Acts of providing benefits or other cooperation to antisocial forces other acts of cooperation with antisocial forces.
- Political, religious, or other specific ideological activities, or solicitation of such groups.
- Acts that interfere with the server or network system of this service.
- Unauthorized manipulation of the Service through the use of BOTs, cheat tools, or other technical means not provided by me.
- Intentional exploitation of defects in the Service.
- Intentional attempts to cause defects in the Service.
- Use of the Service for purposes not intended by the Service.
- Use of accounts other than the User's own through unauthorized access or other means.
- Impersonating me, development partner, or anyone associated with me.
- Holding multiple Accounts for purposes contrary to the intent of the Service, or sharing Account with other Users
- Modifying, damaging, disassembling, de-compiling, or reverse engineering the Services.
- Making unreasonable inquiries or demands of me, such as repeating the same question more than necessary.
- Any other act that interferes with my operation of the Service or the use of the Service by other User, or that interferes with or may interfere with or cause damage to such operation or use.
-
I may take the following measures when it is confirmed that User has committed or is likely to commit an act that corresponds to a prohibited item, when I judge that it is inappropriate for User to use this service, or when User admits to a prohibited act. In such cases, I shall not be obligated to disclose any information regarding such measures, such as the reason for such measures and the period of implementation, and User shall not be able to object to such measures to me. In addition, I am not obligated to prevent or correct such violations.
- Requesting the user to stop the prohibited act and not to repeat the same act.
- Depriving the user of the data or other detrimental actions taken under the Service.
- Suspending the use of the Service in whole or in part.
- Suspending or deleting the account.
- Revocation of any rights gained through prohibited activities.
- Disclosure within and outside the Service of the fact that the Prohibited Acts are applicable, including reporting to the police or other public authorities in the event that there is a possibility of a criminal, administrative or other case.
- Other measures that I deem necessary and appropriate.
- I may not provide my services including this Service (including refusal of service provision and deletion of accounts for other registered services) to User who have been subjected to account deletion measures based on the preceding paragraph, and I may store personal information to the extent necessary for such measures.
Article 7 Disclaimer
- I shall not be liable for any damages incurred by the User as a result of the use of this Service.
- I will not be liable to the User for any damages incurred by the User as a result of the acts of any third party, including but not limited to unauthorized access to the Service or intrusion of computer viruses.
- I do not warrant the legality, integrity, security, accuracy, or non-offensive nature of any third party websites that may be linked to from the Service.
- In the event that the User causes any damage to any third party through the use of the Service, the User shall indemnify such third party for such damage at its own expense and responsibility.
- I shall not be liable for any compensation for damages incurred as a result of the User's alteration, modification or technical characteristics of the hardware or software of the mobile terminal, which prevents the User from using the Service properly, and shall not take any action to restore the use of the Service.
- I shall not be liable for any damages incurred by the User due to the User's loss or forgetfulness of his/her registered information, and shall not take any action to restore the use of the Service. The same shall apply to any loss of registration information due to unauthorized use, loss, theft, malfunction or any other reason with respect to the mobile terminal used by the User for the Service.
- I am under no obligation to repair any bugs or other problems in the Service or to improve or enhance the Service.
- I make no warranties whatsoever with respect to any products or services provided by third parties in connection with the use of the Service other than those provided by the Service.
Article 8 Delete account
- When the User withdraws from the Service, the User shall immediately fulfill any and all obligations owed to me at the relevant time.
- In the event of the death of a User, the User shall be deemed to have withdrawn from the Service at the time of the User's death.
- I shall not be obligated to retain any personal information of users who have withdrawn from the service.
- The provisions of Paragraphs 1 and 3 of this Article shall also apply to the account deletion measures set forth in Article 6, Paragraph 3(d).
Article 9 Termination or Suspension of Services
- I develop the Service with the utmost enthusiasm and sincerity, but when a major incident has occurred, I reserve the right to terminate or suspend the Services without prior notice to Users for any reason, economic, physical or otherwise. If I may notify Users, I notify Users of the changes of services in a way I deem appropriate.
- When the Service is terminated in accordance with the preceding paragraph, the Users' data in the Service will be deleted at the same time as the Service is terminated.
- I shall not be liable for any damages incurred by Users as a result of the termination or suspension of the Service under this Article, except in the case of willful misconduct or gross negligence on my part.
Article 10 Indemnification for Damages
- The User shall indemnify me or any third party for any damages (including, but not limited to, reasonable attorneys' fees) caused to me or any third party as a result of the User's violation of this Agreement.
- I shall not be liable for any compensation to User unless I have been intentionally or grossly negligent.
Article 11 Modification of the Terms and Conditions
- I may modify these Terms and Conditions and the Policies, as I deem necessary, without prior notice to the Users.
- The Terms and Policies, as amended, shall become effective upon posting within the Service or on any my websites.
- If you use the Services after any changes to these Terms or Policies become effective, you will be deemed to have agreed to all of the terms and conditions of these Terms or Policies as amended.
- If you do not agree to any of the terms of this Agreement or Policy after it has been changed, you must immediately stop downloading, installing or using the Service. If the User has already installed the Service, the User shall uninstall it.
Article 12 Validity of the Terms and Conditions
- If any part of these Terms and Conditions is held to be illegal or invalid under any law or regulation, the remaining portions of these Terms and Conditions shall remain in full force and effect.
- If any provision of these Terms and Conditions is held invalid or revoked in relation to any user, these Terms and Conditions shall remain in full force and effect in relation to all other users.
Article 13 Governing Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of Japan.
- Any and all lawsuits and other disputes relating to the Service or these Terms of Use shall be subject to the exclusive jurisdiction of the court having jurisdiction over my location. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this choice of law.
BattleSound (hereinafter referred to as the "Service(s)") collects personal information of users of the Service (hereinafter referred to as "User(s)") through external services for the purpose of operating the Service. Skeyll (hereinafter referred to as "I", "me") will treat the information of User of the Service as follows
1. Personal Information Collected on Service
The information obtained includes the region accessed, IP address, usage status such as playing time and characters used online, email address entered by the User, and information obtained by ad-serving companies for the purpose of serving advertisements.
2. External Services Used to Obtain Personal Information
The external services that I use to obtain personal information for the Service and the purposes are as follows
-
Playfab / Microsoft Inc.
To store user information, implement network functions such as match-ups and rankings, check users' usage and improve the Service -
AdMob / Google Inc.
To place advertisements in the app -
Unity Ads / Unity Inc.
To place advertisements in the app
3. Handling of Personal Information
I'm able to check the users' information obtained from Playfab and the delivery area of the ads automatically aggregated by the ad services. About Playfab, it obtains more information because it is used as a game server for this service. This information is used only for the operation and improvement of this service and will not be provided to third parties with the following exceptions. When I use that information for the purpose of service operation, I will do so in a manner that does not directly identify individuals, such as the number of users or user names, unless I obtained your permission in advance. Information obtained from inquiries will be handled in the same manner.
- Required by law to do so.
- In the event of damage to the operation of the service or damage to the user due to fraudulent activities.
- In the event that a third party becomes involved in the operation of the service by organizing or requesting cooperation.
4. Stopping the Transmission of User Information
The service obtains User's information while the User is playing the Service. To stop the transmission, please delete this service from device.
5. Changes to the Privacy Policy
I may change all or part of the Privacy Policy in future. When I change the policy, I may notify Users of any significant changes and post the revised Privacy Policy.
6. Contact
Any inquiries regarding this Policy should be made using Inquiry Form on website or skeyll@skeyll.net.