・This is a legal agreement between you and Capcom Co., Ltd. (“Capcom”). Please review this Agreement carefully before utilizing the Application.
・This Agreement shall come into effect upon indicating your acceptance of this Agreement by tapping the “Accept” button within the Application. If you do not agree to this Agreement, do not accept or use the Application.
・Those users between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence) or a person with limited capacity shall use the Application only after obtaining approval from his (or her) parent or legal guardian who agrees to be bound by these provisions of this Agreement.
1. Grant of Limited Rights
Capcom hereby grants you a non-exclusive license to use the Application solely for the purpose of playing the game for your personal use under the condition that you shall abide by and comply with the provisions hereunder. The Application cannot be used for any other purpose.
You shall not sublicense, assign or transfer the rights granted by Capcom in the previous Subclause under any and all circumstances to any other party.
2. Paid Contents
The Application may offer paid services or contents (including, but not limited to in-game currency) within the Application (the “Paid Contents”).
The means to acquire the Paid Contents may be provided by Capcom and/or third parties (for example, via the store which you used to download the Application). The acquisition of the Paid Contents is subject to the terms and conditions of the respective store.
By purchasing the Paid Contents, you obtain a limited license (as set forth in Clause 1) to utilize such Paid Contents within the Application. Other than this limited license, you have no right or title in or to the Paid Contents.
In the case the Paid Contents are monthly services, the usage period of the Paid Content is automatically renewed every month, assuming that the monthly period from the purchase date to the same date of the following month, both date inclusive, (if there is no such date, the nearest date) is one month, unless you request cancellation of the paid content. You are not entitled to seek a refund for the remaining period of use even if you cancel the use of such Paid Contents in the middle of a month.
In order to cancel the monthly service, you need to carry out a procedure for cancellation of such monthly service at the application store used to download each Application. You cannot cancel the monthly service just by uninstalling the Application from your device.
In the event you change the type of device you use, the purchase of the monthly service may be continued at the store used before the change of your device. In this case, the cancellation procedure for the monthly service shall be carried out by yourself at the relevant store.
The Paid Contents cannot be sold or transferred to a third party (unless a transfer is permitted within the Application) and cannot be exchanged for real currency or for any goods and services. Except as otherwise permitted by Capcom or mandated by applicable law, the Paid Contents are non-returnable, non-refundable, and you are not entitled to a refund for any unused Paid Contents.
3.Use of the Application
You are solely responsible for all costs arising in connection with your use of the device on which you use the Application, including, without limitation, costs associated with your Internet or mobile connection.
The Application may not be compatible with all devices, connection services, or service plans. Not all Application features are available to all customers. Availability may depend on a customer’s location, device type, service plan, and other factors or restrictions.
Capcom may scan, access, use, monitor, disclose, or preserve information associated with your use of the Application as is necessary, in Capcom’s sole discretion,
to comply with applicable law or to respond to legal process from competent authorities;
to enforce this Agreement or protect the rights of Capcom, its customers, or the public;
to help prevent a loss of life or serious physical injury to anyone;
to prevent potentially illegal or offensive activities; and
to provide and improve features of the Application.
4.Addition or Modification to the Application
Capcom may provide an additional or modified Application to change, modify, expand, or erase functions, add or change contents (including any changes made for the purpose of adjusting the game difficulty) or modify any bugs within the Application. The provisions in this Agreement shall also be applied to such additional or modified Application.
Such additional or modified Application shall be provided for free, unless Capcom decides to provide them for compensation.
Capcom reserves the right, at its sole discretion, whether or not to provide an additional or modified Application.
You shall agree in advance that Capcom may exclude from the designated environments some devices or OSs that have become difficult to be used due to technical reasons, as a result of updating the App.
5.Prohibited Conduct
You shall be prohibited from doing the following acts upon usage of the Application:
Any act whic may infringe the intellectual property rights of Capcom such as to copy (except for the purpose of installing the Application), modify, alter, translate reverse engineer, decompile, disassemble, extract or otherwise attempt to discover the source code of the Application or any part thereof.
To lend, transfer, acquire, buy and sell, license or other acts for the Application and/or the Paid Contents;"
Any unauthorized access to the facility that is used for providing and controlling the Application,
To analyze the communication protocol or any other data used in the Application and to use them for any other purpose.
Combination and use of this app with other software or hardware not approved by Capcom.
Any commercial use of the Application or any part thereof in an Internet cafe, game arcade, game bar, or any other place, without the prior written permission of Capcom.
Any commercial use of the Application or any part thereof to hold and provide an event or a tournament (except for non-profitable personal use such as within the family, friends or any other similar limited groups), without prior written permission of Capcom.
To intentionally utilize or take advantage of defects upon trouble or failure within the Application.
To interfere with or disrupt the contents and functionality provided by the Application or any service (e.g. match-making services between the users of the Application) provided by the Application.
To post, upload, or transit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or any other similar material that may damage the property of Capcom or any other user.
Any illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable acts performed within the Application, as determined by Capcom.
Any unauthorized access of the Application from a region or country that the Application is not rightfully distributed in.
Any act corresponding to or similar to any of the acts which may be detriment to Capcom, as provided in each of the previous Subclauses.
Any conduct that violates or is likely to violate the Agreement and/or applicable laws and regulations.
6. Intellectual Property Rights
The intellectual property rights for the Application belongs to Capcom or any legitimate third party, and shall be protected under the Japanese Copyright Act, international treaty, convention and any other applicable laws (including in users’ country of residence). Upon your failure to comply with this Agreement or violating applicable laws, including patent, copyright and trademark laws and applicable communications regulations and statutes, Capcom or the owner of such intellectual property rights may file injunction, request compensation of damage and take necessary legal means in order to protect their rights.
This Agreement is only for the purpose of granting the usage rights for the Application from Capcom to you. Capcom reserves and retains all intellectual property rights for the Application which includes without limitation, trademarks, service marks, logos, designs, copyrights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information which Capcom developed or owns.
7.Amendments to this Agreement
Capcom may amend this Agreement at any time in its sole discretion by displaying such amendment on the third party platform, official website or within the game screen of the Application.
Notwithstanding the foregoing Subclause, if such amendment is detrimental to the users, Capcom shall take reasonable means such as displaying or posting such amendment in advance.
8. Termination
You may at any time terminate this Agreement by uninstalling this Application.
Capcom reserves the right, without any notice and in its sole discretion, to terminate this Agreement upon any breach of the provisions provided hereto. In such case you shall immediately stop using the Application and shall uninstall the Application from your device.
Capcom may also suspend or disable your access to all or a portion of the Application if you fail to comply with the terms and conditions of this Agreement, including, without limitation, the Subclauses set forth in Clause 5.
9. Indemnification
You hereby agree to indemnify and hold Capcom harmless from and against any and all losses, claims, damages, liabilities, costs and expenses, including legal expenses and reasonable attorneys’ fees, arising out of your wrongful use or breach in this Agreement.
10.Disclaimers; No Warranties
THE CONTENT AND MATERIALS CONTAINED IN THE APPLICATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CAPCOM. CAPCOM DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, STABILITY OF THE MOVEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPCOM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE APPLICATION, EVEN IF CAPCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CAPCOM’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID WITHIN THE APPLICATION IN THE IMMEDIATE ONE (1) MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY FIRST AROSE.
THE APPLICATION MAY INCLUDE LINKS TO EXTERNAL SITES OR SERVICES PROVIDED BY THIRD PARTIES, BUT WE SHALL NOT BE RESPONSIBLE FOR THE USE OF SUCH EXTERNAL SITES OR SERVICES.
BASED ON THE APPLICABLE LAWS AND REGULATIONS, IN ANY EVENT SUCH PREVIOUS SUBCLAUSES ARE LIMITEDLY APPLIED, CAPCOM SHALL BE RELIEVIED OR INDEMNIFIED FROM THE DAMAGES TO THE USERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.11. Applicable Law and Jurisdiction
11.Applicable Law and Jurisdiction
This Agreement is governed and interpreted in all respects by the laws of Japan.
You agree that all suits, actions, or proceedings relating to this Agreement shall be finally settled and exclusively brought in the Tokyo District Court or Osaka District Court, as the court of first jurisdiction.
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provisions to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12.Additional License Terms for Usage on Apple’s Devices
If you use the Application on a device provided by Apple, Inc. (“Apple”), the following terms will apply:
The Application should be used in line with the App Store Terms of Service.
The parties hereto acknowledge that Apple has no obligation to furnish any maintenance or support services regarding the Application.
The parties hereto acknowledge that Apple shall bear no responsibility for any claims that the use of the Application infringes the intellectual property rights of third parties.
You represent and warrant that you are not located in a United States of America (the “United States”) export-embargoed country or a country designated as a “terrorist supporting” country by the United States government, and that you are not on the list of people barred or excluded from the United States.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.