Terms of Use
These terms of Use (these "Terms of Use") provide for terms and conditions for the use of the game apps (the "App") provided by Beeworks Co., Ltd. (the "Company") and services provided through the App and any other services provided in association therewith by the Company (the "Services").
The Company provides the App and the Services only to Customers located in regions designated as service regions or areas (Japan, Taiwan, Hong Kong, Macau, the United States of America excluding California, South Korea, Australia, NewZealand, Singapore, Thailand, Malaysia, Vietnam, Indnesia, Philipines ; referred to collectively as the "Designated Service Regions"). Customers located outside of Designated Service Regions for the App cannot use the App or the Services.
Exceptions to these Terms of Use may apply depending on your country of residence. Please read the country-specific sections below carefully.
Article 1 Definitions
The following terms are defined in these Terms of Use:
1. "Customer"
A person who uses the App or intends to use the same
2. "Official Website"
BEEWORKS GAMES official site (https://beeworksgames.com/) operated by the Company and the App's official website which can be found through the link in the App and which is operated by the Company
3. "User ID"
The Customer's unique character string granted by the Company for the purpose of identifying the Customer, providing after-sales service, etc. (including combinations of character strings, and passwords and codes, etc. granted for the purpose of providing support, etc.)
4. "Mobile Device"
Smartphone, tablet and other information devices onto which the App can be installed
5. "Paid Points, etc."
Among the Contents in the Services (as defined in Article 17.1) and items and in-game currencies used in the Services (including points used for the purpose of using part of the Services, exchanging for in-game items, etc.; the same applies hereinafter), those issued upon receiving reasonable value from the Customer.
6. "Points, etc."
The Contents in the Services and items and in-game currencies used in the Services (including, without limitation, the Paid Points, etc.)
7. "Official Store"
Websites or services displayed in the Official Website from which the App can be downloaded
Article 2 Application and Change of Terms of Use
1. The Customer needs to consent to these Terms of Use upon installing the App onto the Mobile Devices and starting the use of the Services. Upon the Customer's consent, an agreement containing these Terms of Use (the "Use Agreement") shall be concluded between the Customer and the Company. A Use Agreement shall be concluded between the Customer and the Company for each App. Even if a Use Agreement in relation to a specific App is terminated, the validity of the Use Agreements in relation to any other Apps between the Customer and the Company shall not be affected thereby.
2. The usage guidelines and prohibited matters, which are separate from these Terms of Use and which are posted in the App or the Official Website (the "Guidelines"), shall also constitute part of these Terms of Use. If there is any contradiction between the provisions of these Terms of Use and the provisions of the Guidelines, the provisions of the Guidelines shall prevail.
3. The Company may change these Terms of Use at any time without obtaining the Customer's prior consent. If the Company intends to make changes to these Terms of Use, the Company shall make public the contents of the changed Terms of Use at least seven days prior to the changes going into effect, by posting a notice in the App and/or on the Official Website. However, if the Company deems the changes to be significant and/or deems the changes will be unfavorable to the Customer, the Company will provide at least 30 days prior notice.
4. By using the Services after a change in these Terms of Use, the Customer is considered to have agreed to such change. If the Customer does not agree to such change, the Customer may request to withdraw from the membership and shall not be permitted to use the Services.
5. Customers shall regularly visit the Official Website and confirm the changes in these Terms of Use and the details posted in the App and the Official Website.
6. The Company shall not be liable for any damage incurred by the Customer due to any change in these Terms of Use or due to the Customer's failure or delay to confirm the provision of the preceding Paragraph, except in cases of the Company's willful intention or gross negligence.
7. If the Customer changes the country which Customer has registered to the Apps or the registered country of the Official Store, the Customer must agree upon the terms and conditions separately designated by the Company corresponding to such newly-registered country, whereby all or part of the contents of the Services may be limited, or any rights held by the Customer may be extinguished in association with the change of the Customer's registered country. The Company shall not be liable for any loss or damage incurred by the Customer due to such change, except in cases of intent or gross negligence on the part of the Company.
Article 3 Installation of Services
1. The Customer shall install the App via the Official Store onto the Mobile Devices which the Customer him/herself owns (if the Customer is a minor, the Mobile Devices owned by the Customer's legal guardian (a person who has parental authority, etc.) who permits the Customer to use the App shall be included).
2. The Customer shall prepare equipment and services necessary for using the Services, such as Mobile Devices, communication services and internet connection services, at his/her own expense and responsibility.
3. The Customer must not install the App for the purpose of causing a third party to use the same, and must not be excessively granted several User IDs by excessively installing the App onto several Mobile Devices or otherwise.
4. The Company is not liable for any damage incurred by the Customer due to the Customers' lending, exchange, assignment, sale, purchase or pawning of any Mobile Device onto which the App has been installed, except in cases of the Company's willful intention or gross negligence.
5. The Customer shall install the App onto the usage environment that the Company displays in the Official Sites (the "Designed Environment") and use the same. The Company is not liable for any damage incurred by the Customer or any third parties due to the Customer's use of an emulator operating in imitation of the Designed Environment in using the App.
6. The Customer shall register true and correct information in order to use the App. If there is any error or change in such registered information, the Customer shall immediately revise or change the registered contents.
7. The Company will provide the Services on the premise of the Customer's information registered as per the preceding paragraph. The Company shall not be liable for any loss or damage incurred by the Customer due to inaccurate or omitted information.
8. When the Customer notifies, approves or makes any other contact with the Company, such notice, approval or contact shall be made by entering information in and submitting the contact form on the App or the Official Website, or through any other way designated by the Company. A notice from the Customer will be deemed to be completed when such notice is delivered to the Company, and the Company shall not be liable for any loss or damage incurred by the Customer due to any non-delivery or delay of such notice, except in cases of intent or gross negligence on the part of the Company.
Article 4 Use by Minors
1. You may use the Services only if you are 13 years of age or older and are not barred from using the Services under applicable laws. If the Customer is a minor of 14 years of age or older, such Customer shall use the Services by obtaining prior consent from the Customer's legal guardian (such as a person who has parental authority) with regard to the use of the Services (including consent to these Terms of Use). If the Customer uses the Services without obtaining such consent, the Company may terminate the Use Agreement with such Customer or suspend such Customer's use of the Services. However, for the Customer residing in Japan, the details set forth in Article 23 shall apply.
2. If a Customer who was a minor at the time of his/her consent to these Terms of Use uses the Services after coming of age, the acts of use during the period when the Customer was a minor shall be deemed to have been approved retrospectively.
3. The Company may limit the use of all or part of the Services according to the age of the Customer. The target and details of the limitation are separately provided for in the App or the Official Website.
Article 5 Grant of User ID and Responsibility for Management Thereof
1. The Company grants a User ID to the Customer for each Customer or each Mobile Device onto which the App is installed for the purpose of identifying the Customer and providing after-sales service.
2. The Customer is responsible for the use and management of the User ID granted to such Customer.
3. The use of the Services by way of using the Customer's User ID shall be deemed to be used by such Customer, and the use fee and any and all other obligations arising from such use shall be borne by the Customer. The Company is not liable for any damage incurred by the Customer due to use of the Customer's User ID by any third party (including other users of the Services; the same applies hereinafter), except in cases of the Company's willful intention or gross negligence.
4. The Customer must not lend, exchange, assign, sell, purchase or pawn the Customer' s User ID, and must not cause any third party to use the same regardless of the method of such use.
Article 6 Obtaining and Using Points, etc.
1. The Company may provide systems through which the Customer applies for the purchase of the Paid Points, etc. in the Services. The Customer may purchase the Paid Points, etc. by the method separately provided for in the App or the Official Website.
2. The Customer may only use the Paid Points, etc. which the Customer purchases and the Points, etc. which the Customer acquires in the Services and only within the scope and use provided for by the Company, unless otherwise provided for by the Company. The Customer will not acquire any ownership right, copyright, trademark right or any other intellectual property rights (collectively, the "Intellectual Property Rights") in the Points, etc.
3. If the Customer is a minor, the Company may place a limit on the purchase amount of the Paid Points, etc. during each designated time period, according to the age of the Customer. The target and details of the limitation shall be separately provided for in the App or the Official Website.
4. The Points, etc. shall expire upon the termination of the provision of the Services through which the Customer acquired such Points, etc. and shall no longer be available for use unless otherwise provided by the Company. However, the provisions set forth in Article 23 regarding Paid Points, etc. shall apply to all Customers residing in Japan.
5. The Customer must not assign or transfer the acquired Points, etc. to any other User ID or any third party, convert the same into cash or other currencies (including prepaid payment instruments and other virtual currencies issued by a third party), or divert such Points, etc. to services other than the Services through which the Customer acquired such Points, etc. unless otherwise approved by the Company. In addition, if the Customer uses the App on multiple Mobile Devices operating on operating systems (each, an "OS") which are incompatible with each other, the Points, etc. provided on one OS may not be usable on the other incompatible OS, even if the name of the Points, etc. is the same. The Company shall not be liable for any damage incurred by the Customer due to any unavailability of the Points, etc. provided by the Company between the incompatible OSs.
6. If it is discovered that the details or quantity of the Points, etc. acquired by the Customer is incorrect compared to the use status of the Services, the Company may revise the same without giving prior notice to the Customer.
7. The Company may state other conditions of use regarding the Paid Points, etc. in the App or the Official Website. If such statement is provided, the Customer shall purchase and use the Paid Points, etc. in accordance therewith. If the Customer has points that have been issued for free, and which have a function similar to the Paid Points, etc., such freely issued points shall be used prior to other points when the Customer exchanges Points, etc.
Article 7 Abolition of Points, etc.
1. The Company may abolish the Points, etc. and cancel the unused Points, etc. remaining at that point, for any reason whatsoever, such as a change, addition or abolition of all or any part of the Services in which the Points, etc. are available to be used.
2. In the case of the preceding Paragraph, the Company shall give prior announcement of the scope and the day of the abolition of the Points, etc. on the App or the Official Website for a period the Company deems reasonable.
3. The Company shall not be liable for any damage incurred by the customer as a result of the abolition of points etc. in accordance with Article 7.1, except where the Company is obliged to make a refund in accordance with law, the Company has given separate guidance, or the Company is deliberate or grossly negligent.
4. Notwithstanding the provisions outlined in paragraphs 1 through 3, the provisions of Article 23 regarding Paid Points, etc. apply to all Customers residing in Japan.
Article 8 Use Fee
1. In purchasing the Paid Points, etc., and before using the same, the Customer shall pay the use fee in the amount determined by the Company (the "Use Fee").
2. The Company may change the amount, due date or payment method of the Use Fee at any time without obtaining the Customer's prior approval, and the change shall become effective from the time of the Company's indication of the details thereof on the App or the Official Website, unless otherwise provided for by the Company. The Company may give prior announcement of such change and the details thereof on the App or the Website for the period the Company deems reasonable as a period for prior announcement.
3. With regard to the settlement means designated by the Company as a payment method, the Customer shall pay the Use Fee in accordance with the payment conditions, etc. as separately determined by the company which handles such settlement means (the "Settlement Company").
4. If any dispute arises between the Customer and the Settlement Company with regard to the payment of the Use Fee, the Customer shall handle and resolve the same with such Settlement Company at the Customer's own responsibility and expense. The Company shall not be liable for such dispute, except in cases of the Company's willful intention or gross negligence.
5. Once the Use Fee is paid by the Customer, it will not be refunded unless the Company separately gives announcement or in cases of the Company's willful intention or gross negligence. The same shall apply to cases where the Services are not available to be used due to the suspension of or defects in the communication services or internet connection services used by the Customer.
6. Notwithstanding the provisions outlined in paragraphs 1 through 5, the provisions of Article 22 regarding the Use Fee apply to all Customers residing in Korea.
Article 9 Personal Information and the Handling Thereof
1. In relation to the Customer's use of the Services, the Company may acquire the Customer's personal information and certain other information regarding the Customer (the "Personal Information, etc.").
2. The Company shall appropriately handle the Personal Information, etc. acquired from the Customer in accordance with the "Privacy Policy" separately posted on the App or the Official Website. The Customer shall agree to the handling of the Personal Information, etc. in accordance with such "Privacy Policy."
Article 10 Handling of Game Information, etc.
1. The Customer may use any data on the Customer's use of the Services (including, without limitation, items, characters, avatars, in-game currencies, levels, ranks, status, titles and any other status realized by the Customer's use of the Services; the "Game Information") only in the Services and within the scope provided for by the Company. The Customer will not acquire any ownership right or any intellectual property rights therein.
2. Customers who make an account in the App can delete the account or data connected to the account (the "Account Data"). Customers who wish to delete their account or Account Data should make a deletion request on the App or official site following the separately specified procedures. Customers who make a deletion request will have all Account Data deleted, including the Customer's purchase information for paid points and their unused points, and it will become impossible to restore the Account Data (excluding data that must be preserved by law). Furthermore, once a deletion request has been made it cannot be canceled.
3. In any of the following cases, the Company may, upon browsing the Customer's Game Information, delete, move or change the same:
(1) The provision of the Services terminates;
(2) The Services are taken over by any other service operated by the Company or a third party;
(3) The Company determines that the Customer has violated these Terms of Use (including cases in which the Company determines that the details of or the creation process of the Game Information violates these Terms of Use);
(4) The Company determines that the Game Information is necessary for the operation, maintenance and management of the Services;
(5) It becomes difficult to maintain the Game Information due to technical reasons such as the data size thereof exceeding the prescribed level; or
(6) Any other cases that the Company determines are necessary.
4. The Company shall not be liable to the Customer regarding any change to the Game Information.
5. The Company shall not be liable for any damage incurred by the Customer or any third party due to changing or failing to change the Game Information under Article 10.2, except in cases of the Company's willful intention or gross negligence.
6. The Company may post advertisements of the Company or any third party on the App.
7. With regard to any third party websites which can be reached from the links in the App, including the advertisements set forth in the preceding Paragraph, the Company shall not, expressly or implicitly, provide any guarantee for the legality, consistency, safety, accuracy, usability, fitness for a specific purpose, integrity etc. of the details thereof, etc., and shall not be liable for any damage or loss arising from the Customer's use of such websites or from the products and services, etc. provided through such use.
8. The Services may contain services or contents provided by other business operators cooperating with the Company. Any responsibility for such services or contents shall be assumed by the business operator which provides the same, and the Company shall not be liable therefor, except in cases of the Company's willful intention or gross negligence. Such services or contents may be subject to the application of terms of use or other conditions provided for by the business operator which provides the same.
Article 11 Prohibited Matters
In using the Services, the Customer must not engage in any act which falls under or is likely to fall under any of the following circumstances:
(1) Causing any third party to feel anxious, threatened, or bewildered, stalking any third party or providing a sense of discomfort thereto;
(2) Using sexually suggestive, threatening, racially-charged, unlawful, vulgar, obscene or defamatory words, or using any other words which provide a sense of discomfort;
(3) Pretending to be an officer of the Company or its affiliated companies or a person related to the Company or the Services;
(4) Engaging in abuse, rumor-mongering or making other remarks which may damage a third party's honor or credit;
(5) Engaging in commercial transactions, for-profit promotions, exchange of prohibited goods, solicitation to join organizations, and religious activities;
(6) Establishing an organization which entertains principles based on discrimination and biases in relation to religion, race, gender, ethnicity, human rights, etc. or which intends to engage in commercial activities, and engaging in the activities thereof;
(7) Engaging in an act which conflicts with international law, the Constitution, laws, ordinances and other laws and regulations;
(8) Engaging in an act which offends the public order and morals, or an act which aids or abets the same;
(9) Engaging in a criminal act, illegal act or act associated therewith, or an act which aids or abets the same;
(10) Engaging in an act of suicide or an act associated therewith, or an act which aids or abets the same;
(11) Engaging in an act of evoking or encouraging adolescents to run away from home;
(12) Engaging in an act of seeking romantic encounters, associations, etc. with an unacquainted person or an act of inducing someone to associate therewith, or an act of asking a person to associate therewith;
(13) Engaging in an act adversely affecting or harming the character development and sound nurturing of minors;
(14) Engaging in an act for the purpose of a sexual act or other obscene act, an act of indicating content equivalent to obscenity, child pornography or child abuse, or an act of selling media including such content;
(15) Masquerading as a real or fictitious person or an act similar thereto (including an act of using any other person's User ID);
(16) Engaging in an act of collecting, accumulating, disclosing or transmitting a third party's personal information or an act of attempting such act;
(17) Engaging in an act of being excessively granted several User IDs by excessively installing the App onto several Mobile Devices or otherwise;
(18) Engaging in an act of causing a third party to use the User ID, the Points, etc. or any other Game Information or disposing of the same by lending, exchanging, transferring, changing the ownership of, selling, purchasing, pawning, or providing the same as collateral, etc.;
(19) Engaging in an act of masquerading as another Customer by unauthorized access or use of another Customer's password or otherwise;
(20) Engaging in an act of jamming communications, an act of wiretapping, an act of invading the server operating the Services or an act of blocking information;
(21) Engaging in an act of sending or posting computer viruses and other unauthorized information;
(22) Engaging in an act of infringing the Intellectual Property Rights or any other rights of the Company or any third party;
(23) Engaging in an act of using bugs and other failures of the App or the server operating the Services for incorrect purposes, or an act of aiding or abetting the same;
(24) Engaging in any act performed for the purpose of giving the Customer or any third party an advantage by using any status which the Company does not intend, such as malfunctions of the App or the server operating the Services, or an act of aiding or abetting the same;
(25) Developing, distributing or using unauthorized tools, unauthorized applications, pirated versions of the App, cheat tools or programs for the purpose of unauthorized use of the Services, or any acts of inducing or encouraging a third party to engage in such acts;
(26) Deleting, modifying (including falsification of data), revising, adapting, preparing a derivative work of, decompiling, disassembling or reverse engineering the App or the Official Website, or any acts of inducing or encouraging a third party to engage in such acts;
(27) Redistributing and lending of all or any part of the App (including any copy thereof), and reselling the App;
(28) Engaging in an act of obstructing the operation of the Services;
(29) Engaging in an act which is notified or announced by the Company on the App or the Official Website as a prohibited act; or
(30) Any other acts that the Company determines are inappropriate.
Article 12 Suspension of Use and Limitation of Services
1. The Company may immediately suspend the Customer's use of all or any part of the Services (a "Suspension of Use") if the Company determines that such Customer falls under any of the following circumstances:
(1) The Customer engages in any of the acts prohibited by the preceding Article, otherwise violates or when it is reasonably considered to violate these Terms of Use;
(2) An unauthorized act of the Customer with regard to the payment of the Use Fee is discovered;
(3) The Customer's payments have been suspended or held invalid by the Settlement Company;
(4) The Customer has proceedings filed against it for bankruptcy or civil rehabilitation procedures, or the Customer him/herself has filed therefor;
(5) A third party's use of the Customer's User ID is discovered; or
(6) Any other cases which the Company determines will interfere with the Company's operations.
2. In the case of a Suspension of Use, the Customer will not be relieved of the Customer' s obligations under these Terms of Use (including liability for damages) toward the Company and any third party.
3. Even in the case of a Suspension of Use, as necessary, the Company may continuously hold and use the information provided to the Company by such Customer in accordance with the "Privacy Policy".
Article 13 Termination of Use Agreement
1. The Use Agreement shall automatically terminate upon the occurrence of any of the following events:
(1) Request for withdrawal from membership from the Customer to the Company;
(2) The Customer makes a deletion request for the account of the App or Account Data in accordance with Article 10.2 (limited to cases where retention of the account is necessary in order to use the App); or
(3) Termination of the provision of the Services.
2. The Company may terminate the Use Agreement upon giving a notice to the Customer if the Customer falls under any of the following circumstances:
(1) In using any of the Company's services (including, without limitation, the Services), the Customer or the User ID used by the Customer has previously been subject to a measure involving the suspension of use of or the cancellation of the use agreement with regard to such services;
(2) After becoming subject to suspension of use under the preceding Article, the Customer fails to prove the Company's error in judgment within one (1) year from the date of such suspension;
(3) In spite of becoming subject to a Suspension of Use under the preceding Article and thereafter receiving notice from the Company specifying a certain period of time, the Customer fails to eliminate the cause within such period;
(4) The Customer passes away (the Company shall not be obliged to investigate the Customer's passing); or
(5) The Company determines that the provision of the Services to the Customer is inappropriate or impractical.
3. Notwithstanding the preceding Paragraph, if the Company determines that the Customer's circumstances have fallen under any of the items of the preceding Article and that the Company's operations will be interfered with thereby, the Company may immediately terminate the Use Agreement with the Customer without giving prior notice.
4. The Company shall not be liable for damage incurred by the Customer due to the termination of a Use Agreement under this Article, except in cases of the Company's willful intention or gross negligence.
5. Articles 1, 2.6, 2.7, 3.4, 3.5, 3.7 and 3.8, 5.3, the third sentence of 6.5, 7.3, 8.4, 8.5 and 9 to 23 shall survive the expiration or termination of this Agreement regardless of the reasons thereof.
Article 14 Change, Termination and Suspension of Services
1. The Company may change the whole or any part of the details of the Services without giving prior notice to the Customer.
2. The Company may terminate the provision of the whole or any part of the Services at the Company's own discretion. In this case, the Company shall announce or notify the same to the Customer in advance by a method determined by the Company as appropriate.
3. If any of the following events occur, the Company may suspend the provision of the Services temporarily or for a long period of time without announcing or notifying the same to the Customer in advance. In this case, the Company shall announce or notify to that effect to the Customer in advance by a method determined by the Company as appropriate, unless there is an urgent necessity.
(1) Any cases where the maintenance and repair are provided regularly or urgently with regard to the hardware, software, communication equipment and any other resources used for the provision of the Services;
(2) Disconnection of communication lines such as Internet connection and mobile phone networks;
(3) Force majeure events, such as acts of God;
(4) Fires, power failures and other unexpected accidents;
(5) Wars, disputes, disturbances, riots and labor disputes; or
(6) Any other cases in which the Company determines that it is necessary to suspend the provision of the Services.
4. The Company shall not be liable for damage incurred by the Customer due to the change, termination or suspension of the Services under this Article, except in cases of the Company's willful intention or gross negligence.
Article 15 Disclaimer
1. The Customer agrees that the details and method of providing the Services may be subject to change on a daily basis. The Company provides no guarantee for the permanency of the existence and details of and the method of providing the Services.
2. The Customer shall provide no guarantee for the following matters with regard to the Services, and shall not be liable therefor, except in cases of the Company's willful intention or gross negligence:
(1) That the Services are free of bugs and other defects, and are complete and reliable;
(2) That the Services shall be available for use without being suspended under any circumstances, that the Services shall operate on all Mobile Devices, and that the Services are appropriate;
(3) That the information provided in the Services and any information which can be acquired by the Customer's use of the Services is complete, accurate, applicable, available and fit for a specific purpose;
(4) That the Game Information will not disappear, and that the integrity of the information will be maintained; and
(5) That the Services do not infringe upon the Intellectual Property Rights or any other rights of any third party.
3. The Customer shall use the Services at his/her own discretion, and shall try to avoid excessive use which disturbs the sound living environment. The Company shall not be liable for any social, mental or physical damage incurred by the Customer due to use deviating from the scope which is appropriate based upon social conventions, except in cases of the Company's willful intention or gross negligence.
4. The Company shall not be liable for any damage incurred by the Customer due to a third party's act, such as an unauthorized access to the Services or virus, except in cases of the Company's willful intention or gross negligence.
5. If the Customer causes damage to a third party by using the Services or if any dispute arises with a third party, the Customer shall resolve the same at his/her own responsibility and expense, and shall not cause the Company to assume any responsibility. If any damage or expense (including, without limitation, reasonable attorney's fees) has been incurred by the Company due to a dispute between the Customer and a third party, the Customer shall compensate the Company for the same.
Article 16 Damage Compensation
1. If the Customer causes damage to the Company due to his/her violation of these Terms of Use and any other reason attributable to the Customer him/herself, the Customer shall compensate the Company for such damage (including without limitation reasonable attorney's fees). If such damage has occurred or is likely to occur, the Company may demand the Customer to cease the act which is the cause of such damage.
2. If the Company causes damage to the Customer due to any reason attributable to the Company, the Company shall compensate the Customer for such damage; provided, however, that, except in cases of the Company's willful intention or gross negligence, the scope of the Company's obligation for the damage compensation shall be limited to the general damage incurred directly to the Customer by using the Services (within the legally permissible range, excluding any damage which indirectly occurs, such as lost profits, special damage, incidental damage and consequential damage).
Article 17 Important Articles of These Terms of Use
The Customer agrees that the articles limiting the liability of the Company, Article 14 (Change, Termination and Suspension of Services), Article 15 (Disclaimer), and Article 16 (Damage Compensation), are the most important articles of these Terms of Use.
Article 18 Intellectual Property Rights in the Services
1. The Intellectual Property Rights in relation to images, videos, texts, programs and any and all other information provided by the Company to the Customer in the Services (the "Contents in Services") shall belong to the Company or the person who permits the Company to use the same (the "Licensor"). The Customer must not use and must not cause any third party to use the Contents in Services by duplicating or sending the same or otherwise without the approval of the Company or the Licensor, unless such use is approved by the Copyright Act and other laws and regulations.
2. The personal names, company names, product names, service names and other names indicated in the App or the Official Website (collectively, the "Trademarks") include names whose trademark rights and other usage rights are owned by the Company or a third party. Although the Company may state in the App or the Official Website that the Trademarks are registered trademarks of the Company or a third party, the usage rights of the Trademarks which are not accompanied by such statement may also be owned by the Company or a third party.
3. These Terms of Use shall not be interpreted as an assignment or license of the Trademarks to the Customer or any third party. The Customer must not apply for trademark registration with regard to any of the Trademarks.
4. The Customer must not apply for the registration of, request the transfer, or exercise the Intellectual Property Rights in relation to the Services.
Article 19 Effectiveness of Terms of Use
1. Even if part of these Terms of Use has been held invalid under laws and regulations, etc., such invalidity shall not affect the effectiveness of the other provisions hereof.
2. Even if part of these Terms of Use has been held invalid or revoked in a relationship with a Customer, such invalidity or revocation shall not affect the effectiveness of the relationships with other Customers.
Article 20 Governing Law and Jurisdiction
1. These Terms of Use shall be governed by and interpreted in accordance with the laws of Japan.
2. Any issue between the Customer and the Company related to the Services shall be mutually discussed and resolved in good faith. The Tokyo District Court shall be the agreed-upon court of exclusive jurisdiction in the first instance for any issue which cannot be resolved by way of such discussion.
Article 21 Entire Agreement
Unless otherwise specified, these Terms of Use constitute the entire agreement between the Customer and the Company and thus shall serve as the primary basis for understanding or interpreting the articles outlined in these Terms of Use. The failure of either party to exercise or delay in exercising any right or power under these Terms of Use shall not be deemed a waiver of such right or power, nor shall the partial exercise of any right or power under these Terms of Use affect the ability of either party to exercise any other right or power of these Terms of Use.
Article 22 Special Provisions Regarding Refunds for Customers Residing in Korea
1. Article 22 outlines the special provisions applicable to refunds for Customers residing in Korea, as stipulated in Article 8.6. Notwithstanding the provisions of Article 6, and the Governing Law in Article 20.1, this Article shall take precedence in the case of refunds for Customers residing in Korea.
2. The Customer may request a full refund of the Use Fee used for the purchase of Paid Points, etc. within seven days of the date of purchase.
3. If, prior to the passage of five years from the date of purchase of Paid Points, etc. the Customer receives goods or services equivalent to at least 60% (80% if the amount is less than ten thousand won) of the value of the Paid Points, etc. (as recorded at the time of the Customer's last charge) and the Customer requests a refund for the remaining amount, the Company will issue a refund of the remaining amount (calculated based on the purchase amount and the usage ratio) to the Customer.
4. The Customer will be refunded the amount calculated in accordance with this Article, subtracting from the total any fees paid to the Settlement Company and the bank transfer fee (if the total amount of fees deducted is larger than the refund amount, the refund may not be provided).
5. After five years from the purchase of Paid Points, etc. the Customer will no longer be able to request a refund or the return of the remaining balance from the Company.
6. In the event that the digital content purchased with Paid Points, etc. is not divisible and the provision of such content has begun, no refund will be provided under any circumstances, unless otherwise specified by the Company, or in the event of the Company's willful intention or gross negligence. The same applies to any situation in which the Customer is unable to use the Service due to an interruption or defects in their telecommunication, or Internet connection service.
Article 23 Special Provisions for Customers Residing in Japan
1. Notwithstanding the provisions in Article 4.1, this Article will take precedence for all Customers residing in Japan. If the Customer is a minor, the Customer must obtain consent (including consent to these Term of Use) from a legal representative (such as the legal guardian) prior to using the Service. If the Customer uses the Service without obtaining such consent, the Company may terminate the Use Agreement and/or suspend the Customer's use of the Service.
2. As set forth in Article 6.4 and 7.4, this Article outlines the special provisions related to the handling of Paid Points, etc. for Customers residing in Japan. Notwithstanding the provisions outlined in Article 6.4 and 7, this Article shall take precedence in all matters related to the handling of Paid Points, etc. for Customers residing in Japan.
2-1. The Company may change, add to, discontinue, etc. all or part of the Service for which Points, etc. are used for any reason, or discontinue Points, etc. entirely, and terminate a Customer's unused Points, etc. In such an event, the Company shall provide prior notice through the App and/or Official Website of the extent and date of the discontinuation of Points, etc. within a period deemed reasonable by the Company.
2-2. In the event that Paid Points, etc. are completely discontinued, the Company will announce refund procedures and provide information on how to carry out the refund procedure to Customers in accordance with the law. If Customers request a refund in accordance with such procedures, the Company will refund an amount equivalent to the balance of Paid Points remaining at the time of discontinuation to the extent that the Company is required to do so by law.
2-3. The Company is not liable for any loss or damages incurred by the discontinuation of Points, etc. as described in 2.1, except where the Company has a refund obligation in the case of the preceding paragraph, or when the Company is required by law to offer a refund, or where the Company has provided separate notice, or in cases of the Company's willful intention or gross negligence.
Rivision on Nov 24 2023 and effective from Nov 24 2023
Rivision on Aug 31 2024 and effective from Aug 31 2024
Beeworks Co., Ltd.
[Supplementary Provisions]
Article 1 Supplementary provisions for Customers who use the App on the OS or smart devices of Apple Inc.
This Article supplements and forms part of these Terms of Use for Customers who use the Services through the OS or smart devices provided by Apple Inc. ("Apple"). If there is any contradiction between the provision of this Article and the other provisions of these Terms of Use, the provision of this Article shall be preferentially applied to the extent of such contradiction.
1. Apple shall not be responsible for any claim by the Customer or by any third party in relation to the Customer's use of the Services (including, without limitation, the following):
(1) A product liability claim;
(2) A claim that the Services are inconsistent with the Customer's expectations, the laws and regulations or other regulatory requirements;
(3) A claim based on the Consumer Contract Act or laws and regulations similar thereto; or
(4) A claim by the Customer or any third party that the Services or the Customer's use of the Services infringes upon the Intellectual Property Rights of the Customer or such third party.
2. The Company shall, under the provision of the usage regulation of the terms of use for iTunes Store's services, grant a non-exclusive and non-transferable right to use which is limited to the Customer who downloads and uses the Services for the Customer's personal and non-profit purposes, and the Customer shall obtain the same.
3. The Customer acknowledges that Apple is not obliged to provide services such as maintenance and support in relation to the Services.
4. In the case where any damage is incurred by the Customer in relation to the use of the Services, in the event of Apple providing any monetary payment in relation thereto, such payment shall be limited to refund of the Use Fee, and, to the extent permitted by laws and regulations, Apple shall not be liable for any damage compensation.
5. If there is any complaint that the Services or the Customer's use of the Services has been subject to a product liability claim, has violated any applicable laws and regulations or has violated the Consumer Contract Act or regulations related thereto, or if there is any claim arising therefrom, the Customer shall notify the Company and shall not file any complaint or claim against Apple in relation thereto.
6. If there is any complaint that the Services or the Customer's use of the Services has or have infringed upon any third party's Intellectual Property Rights, or if there is any claim arising therefrom, the Customer shall notify the Company and shall not file any complaint or claim against Apple in relation thereto.
7. The Customer represents and warrants that the Customer does not reside in a country subject to the U.S. government's embargo or a country designated by the U.S. government as a terrorist-supporting country, and that the Customer is not on any list of targets of the U.S. government's embargo or export restriction.
8. The contact details for the Company which receives inquiries about the Services are as follows:
(1) Name: Beeworks Co., Ltd.
(2) Location: 9th Floor of NBF Takanawa Building, 1-3-13, Takanawa, Minato-ku, Tokyo
(3) Address: info@beeworksgames.com
9. In using the Services, the Customer must comply with the conditions of such Customer's contracts with the telecommunications carrier and other related third parties.
10. The Customer agrees that Apple and Apple's subsidiaries are third-party beneficiaries for the contractual relationship established under these Terms of Use, and that, by the Customer's approval of the terms of these Terms of Use, Apple shall be considered to have, as a third-party beneficiary, the right to impose the provisions of these Terms of Use on the Customer (and Apple shall be considered to have undertaken such right), and the Customer shall not object to the same.