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CYBERSTEP, INC.

Terms of Service

Last updated:  November 24th, 2020

These Terms of Service apply to your access and use of software products, including game software (together, “Applications”), that are downloaded by you to your mobile phone or tablet, personal computer, game console or other device and is offered by CyberStep, Inc., a Japanese company (“CyberStep,” “we” or “us”).

SUMMARY

This summary is provided only for convenience.  Please review the Terms of Service below in their entirety for important information and legal conditions that apply to your use of the Applications.

  • These Terms of Service are a legal agreement between you and CyberStep that governs whether and how you and other “Users” may use the Applications.  Use of the Applications is also subject to our Privacy Policy.
  • We may change these Terms of Service at any time, but we will notify you of any material changes that take effect.
  •         If you are under age 13, you may not use the Applications.  If you are age 13 or over but under age 18, you may use the Applications only with the consent of your parent or legal guardian.  You will be responsible for all charges relating to the Applications.  These charges may include costs of in-game additional features or content.  Although the Applications may be free to download and play, real-money charges may apply for in-game additional features or content.
  •         Amounts paid are non-refundable except as required under local law of your jurisdiction.  If you obtained the Applications through an “Application Store” (defined as mobile, computer or console application stores such as the Apple App Store, Google Play, Valve Steam Store and Nintendo Game Store or Nintendo Switch eShop), the Application Store may provide refunds in certain cases.
  • You are responsible for maintaining the security of your account information with any Application Store in order to avoid unauthorized charges, including by children using your device.  You may not post any inappropriate content in or through any Application, or any content that you do not have legal rights to.  We may discontinue or change the Applications, including any features of any Application, at any time without notice or liability to you.
  • Our liability to you relating to the Applications is limited.  If you are a resident of the United States, you agree that any disputes will be subject to binding, individual arbitration, to be held in San Francisco, California, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

TERMS OF SERVICE

 These Terms of Service are a contract between you and CyberStep with respect to your use of the Applications.  These Terms of Service include and incorporate CyberStep’s Privacy Policy.

 You acknowledge that these Terms of Service are solely between you and CyberStep, and not with the Application Store from which you downloaded any Application, and that CyberStep is solely responsible for the Applications and the content thereof, except as otherwise provided in these Terms of Service.  If you have an Apple device and these Terms of Service are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.

Your Agreement to these Terms of Service and Future Changes

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY APPLICATION.  BY ACCESSING OR USING ANY APPLICATION, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND (B) YOU ARE AGE 13 OR OLDER.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE APPLICATION.  NO APPLICATION IS TO BE ACCESSED WHERE PROHIBITED.

We may modify these Terms of Service, at our sole discretion, without your consent, effective immediately upon posting of the revised Terms of Service, and you agree to and accept this condition.  Material changes to this these Terms of Service will be announced by posting them on or within the Applications, or in the Application Stores where Application are available.  You are responsible for checking these Terms of Service each time before using any Application. Continued use of an Application following the posting of changes will mean that you accept and agree to the updated Terms of Service.

We reserve all rights in and to the Applications not expressly granted to you under these Terms of Service.

Use of the Applications

CyberStep grants permission to you to use the Applications subject to your agreement and compliance at all times with these Terms of Service, including your agreement not to engage in any of the following conduct through the Applications:

  •         Alteration or modification of any part of the Applications;
  •         Rental, lease, lending, sale, transfer, redistribution or sublicense of the Applications or any content on the Applications or any part thereof;
  •         Use of the Applications on any device you do not own or control, or distribute or making the Applications available over a network where it could be used by multiple devices at the same time.
  •         Use of the Applications or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation (whether occurring within or outside of the Applications);
  •         Interference with or disruption of the Applications, or circumvention of any security feature of the Applications;
  •         Cheating or use of unfair methods to participate in the Applications, including any act that unfairly alters your chance of winning;
  •         Use of the Applications to violate the law;
  •         Defaming, stalking, bullying, harassing, threatening or intimidating any person or to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
  •         Impersonation of any person or entity, including using another person’s e-mail address to register for an Application account, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  •         Creation of an Application account by automated means or false pretenses, or accessing of the Applications by automated means such as crawling, scraping or caching (provided that operators of public search engines may copy materials from the Applications for the sole purpose and solely to the extent necessary to create publicly available searchable indexes, subject to our right to revoke such consent at its discretion at any time);
  •         “Harvesting,” “scraping” or collecting any information about or regarding other people that use the Applications, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to “pixel tags,” cookies, graphic interchange formats (“gifs”) or similar items that are sometimes also referred to as “spyware” or “pcms” (passive collection mechanisms); or
  •         Disguising, anonymizing or hiding your IP address or the source of any User Content (as defined below) that you may upload.

Registration, Password; Credit Card

We may provide you with the opportunity to register for an Application account.  In that case, you will choose a user ID and password.  It is your responsibility to keep your user ID and password confidential.  If you think a third party may have obtained your password, you should immediately change your password.  We will have no responsibility for damage caused to you by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use.  If there are changes to information that you registered with us when applying to use the Applications, you should update your profile to reflect the changes.

You may only have one account for each Application.  If you have more than one account, all of your accounts may be cancelled without notice.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE IN THE APPLICATION.  WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY ACCOUNT AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE TO YOU.

Account Termination

CyberStep will terminate a User’s account if a User is found to be a repeat infringer of copyright.  CyberStep reserves the right to terminate User accounts at any time for any other reason in our sole discretion.

If your account with an Application is terminated you may, as the result of termination, lose all information and data associated with the account, including any virtual currency and virtual items.  You will not be entitled to any refund, reimbursement, or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or CyberStep.  CyberStep reserves the right to refuse to keep accounts for or provide access to any Application to anyone.

Minor Users

We do not intend the Applications to be viewed or used by persons under the age of 13.  By using an Application, you represent and warrant that you are age 13 or older.  If you are age 13 or over but under age 18, you may use the Applications only with the consent of your parent or legal guardian.

CyberStep relies upon parents and guardians to determine if the Applications are appropriate for the viewing or access by persons under the age of 18.

You agree to monitor use of your account by persons younger than the age of 18.  You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.

Third-Party Services

The Game may contain links, login interfaces and other connections to third-party websites and applications, including Facebook.  Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services.  Use of third-party services may require you to accept additional terms.  We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you.  The end-user license agreement, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service.  If you have any questions, concerns or complaints about a third-party service, please contact the support or contact personnel of that third-party service.

We may allow you to log in to the Applications using third-party services such as Facebook.  By logging in using a third-party service or otherwise using third-party services you permit CyberStep and our affiliates to access information related to your account with that third-party service (including profile information, friends and privacy settings), and the third-party service may be able to access information concerning your actions in the Applications.

Some of our Applications include a function that allows you to post screen shots or other content from the Applications to third-party services.  You are responsible for making sure that any content you choose to post to a third-party service does not violate the rights of any other person, including rights of publicity and privacy and copyright and the end-user license agreement or terms of use of that third-party service.

Intellectual Property

Other than User Content, the content on the Applications, including without limitation text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights is owned by CyberStep or our licensors and protected by applicable copyright and trademark laws.  The Game may include registered and unregistered trademarks owned by or licensed to CyberStep, which may not be copied, imitated or used, without the prior written permission of CyberStep.

Charges; Virtual Currency and Virtual Items

If there are charges associated with any Application, you agree to pay the charges.  You agree that we may bill your account with the Application Store from which you obtained any Applications or other app platform, for any and all charges you incur through such Application. 

If any Applications is free, there may still be charges for additional content within the Application, including virtual currency and virtual items (both defined below), and you agree to pay those charges.  You may be able to prevent purchase of such additional content by adjusting your device’s settings.

The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download an Application (or after you make a purchase through the Application).  This may allow a user (for example, a child) to incur charges without entering your password.  This is a function of the software of these devices and not within our control.  You may be able to change this function through the “settings” menu on your device.

Prices for the Applications exclude all applicable taxes and currency exchange settlements, unless stated otherwise.  You may still incur charges incidental to using an Application even if the Application itself is free (for example, charges for internet access, text messaging, and other data transmission).  You are solely responsible for the payment of such taxes or other charges related to your use of the Applications.  Any amounts paid for the Applications or virtual currency or virtual items are non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms of Service.  If we determine that any virtual currency or virtual items have not been properly credited to your account, or have been lost due to an error in an Application, we will credit the virtual currency or virtual items to your account in the Application.  No refunds will be given.

Once purchased, virtual currency and virtual items have no monetary value and cannot be exchanged for real money, real goods or services.  You do not own real money or virtual items, but instead you purchase a limited, personal, revocable license to use them in the applicable Application.  Virtual currency and virtual items do not represent any stored value. You fully accept and understand that virtual currency purchased with real money will expire after a period of one hundred eighty (180) days upon purchase.

If you are a resident of the European Union, you consent that we may make available to you the Applications and any virtual currency or virtual items directly after your order has been accepted by the Application Store.  As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of the Applications or such virtual currency or virtual items.

If you are a resident of the European Union, we will provide you with a VAT invoice where we are required to do so by law or where we are requested by you.  You agree that these invoices may be in electronic format.

Playing with other Users

The Game may allow you to play against other users.  If we select another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the relevant Application or your other gameplay activity).
By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users.

Your Posting of User Content

User Content” means content that Users have created and posted to an Application.  You represent and warrant that you own any User Content you post to an Application or that you have all legal rights, including under copyright, to post the User Content.  You are solely responsible for your User Content.  You agree that CyberStep is not and cannot be responsible for any User Content.  CyberStep will have no liability to you with respect to the actions of any other User.

CyberStep has no obligation to accept, display, review, maintain or otherwise exploit any User Content.  By posting User Content to an Application, you represent and warrant that such content is not illegal, defamatory or pornographic.  You agree that User Content is not confidential.  You further agree that User Content will not be returned to you.

CyberStep does not receive any ownership interest in your User Content. You hereby grant to CyberStep and its group companies a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose User Content via any or all Applications or by any other means.  You further hereby irrevocably grant to CyberStep the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you.  Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in User Content, regardless whether User Content is altered or changed in a manner not agreeable to you.  The licenses granted by you herein will continue notwithstanding termination of your Application account, your no longer using the Applications, our ceasing to offer any Application, or any other occurrence.

 

We may, but have no obligation to, monitor, edit, block or remove User Content that we determine in our sole discretion violates these Terms of Service, and may edit, block or remove User Content at any time for any reason in our sole discretion.  We do not actively monitor User Content and we make no undertaking to do so.  You understand that when using the Applications you may be exposed to User Content that you may consider offensive, indecent or objectionable.  Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any User Content posted, e-mailed, transmitted or otherwise made available through the Applications.

Some of our Applications allow you to create videos or images that superimpose characters or other content from the Applications over other content, for example videos or photos that you may take through your smartphone’s camera, through an augmented reality feature.  You receive no rights in the characters or other content from the Applications by creating such augmented reality videos or images.  With respect to augmented reality videos or images, “User Content” would normally consist of all content of the videos or images other than the characters or other content from the Applications.

Videos and images showing gameplay within the Applications are the sole property of CyberStep, and are not “User Content.”  Your playing of an Application does not result in any ownership rights in such videos or images.  CyberStep may publicly display such videos and images in its discretion with no compensation or other obligation to you.

Copyright Claims

We have no obligation to accept, refuse, display, monitor, maintain, censor, edit, verify, correct or remove User Content, although we reserve the right to do so in our sole discretion from time to time without notice for any reason. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any User Content. However, if you believe that any User Content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:

  •         A description of the copyrighted work that you claim has been infringed;
  •         A description of where the material that you claim is infringing is located;
  •         Your address (including country), telephone number and e-mail address;
  •         A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  •         A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  •         An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.

 

The notice should be sent to agent@gammalaw.com or, if by physical mail, to:

David Hoppe

44 Montgomery Street, Suite 300

San Francisco, California 94104

USA

Upon receiving a request conforming with these requirements, CyberStep will endeavor to remove the User Content in accordance with the United States Digital Millennium Copyright Act.  Please note that User Content may be restored to the Applications in CyberStep’s sole discretion following receipt of a counter-notification under the conditions set forth in such Act.

Virtual Currency and Virtual items

The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Applications or otherwise purchased by you for actual (“real-world”) currency, subject to applicable law.  The Game may also include “virtual items,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Applications or otherwise purchased by you for actual currency, or for virtual currency, subject to applicable law.

We can manage, regulate, control, modify or eliminate virtual currency and/or virtual items, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions.  You have no right, title or interest in or to any virtual items or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the applicable Application, virtual items and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us.

The Game may provide for both purchase of virtual currency using real money and for virtual currency to be earned through in-game activity or awarded without being earned.  In that case, virtual currency purchased with real money will be applied to in-game purchases until exhausted, prior to any earned or awarded in-game currency.  Virtual currency purchased with real money will expire after a period of one hundred eighty (180) days upon the date of purchase, while virtual currency obtained without the use of real money may expire after a certain period of time, as we may provide in the Applications.

You agree that the transfer of virtual currency and virtual items is prohibited except where expressly authorized in the Applications.  Also, outside of the Applications, you may not purchase, sell, redeem or otherwise transfer virtual currency or virtual items to or from CyberStep, any other user of the Applications or any other party.

You agree that in the event that these Terms of Service, your account or any Application is terminated for any reason, which may include without limitation our discontinuation for any reason of the applicable portion of any Application, you will forfeit all virtual currency and virtual items, and we will have no liability to you for such forfeiture.  In addition, if there has been no activity in your account for one hundred eighty (180) days or more, we reserve the right to terminate your account.  In that event, you would no longer be able to access or use any virtual currency or virtual items, and no refund will be provided.

Use of the term “purchase” in these Terms of Service does not imply that you obtain any ownership rights to the Applications or any virtual currency or virtual items.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY OR VIRTUAL ITEMS MADE THROUGH THE APPLICATIONS ARE FINAL AND NON-REFUNDABLE.  YOU ACKNOWLEDGE THAT CYBERSTEP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED (WHETHER VOLUNTARILY OR INVOLUNTARILY) OR WHEN CYBERSTEP CEASES TO PROVIDE THE APPLICATIONFOR ANY REASON.

Changes, Suspension or Termination of the Applications

We reserve the right to add, change, suspend or discontinue any Application, or any aspect or feature of any Application, without notice or liability.  You agree that we may alter the Applications, which includes changing the various terms and changing or eliminating parts of the Applications, without contacting you in advance.

You agree that we may temporarily suspend the Applications without prior notice.  During any such period you may be unable to access any information you have stored on the Applications, or use any virtual currency or virtual property.  This may occur, for example, when we are conducting regular or emergency maintenance on the Applications.

The license is effective until terminated by you or CyberStep.  Your rights under these Terms of Service will terminate automatically without notice from CyberStep if you violate any terms listed in these Terms of Service regardless of whether the violation is by, on behalf of or through you.  Upon termination of the license, you shall cease all use of the Applications and delete all copies of the Applications.

You may, as the result of termination, lose your Application account and all information and data associated with it, including virtual currency and virtual items.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or CyberStep. CyberStep reserves the right to refuse to keep accounts for or provide access to the Applications to anyone.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY PORTION OR ALL OF THE APPLICATIONS MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF ANY APPLICATION.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATIONS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CYBERSTEP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS AND THE CONTENT ON THE APPLICATIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.  CYBERSTEP makes no WARRANTy THAT THE APPLICATIONS, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CYBERSTEP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY APPLICATION, THAT THE CONTENT OF THE APPLICATION OR FUNCTIONS CONTAINED IN OR PROVIDED BY THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERSTEP OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.  SHOULD ANY PART OF THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  CYBERSTEP DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY USER CONTENT OR (ii) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY APPLICATION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CYBERSTEP OR ITS AFFILIATES OR THE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF EACH (THE “CYBERSTEP PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE OR EVEN IF THE CYBERSTEP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT.  IN NO EVENT WILL THE CYBERSTEP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CYBERSTEP PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT YOU HAVE SPENT FOR THE APPLICATION, VIRTUAL CURRENCY AND VIRTUAL ITEMS FOR THE SIX (6) MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT CYBERSTEP SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CYBERSTEP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, APPLICATION, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CYBERSTEP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, APPLICATION, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CYBERSTEP PARTIES.

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

In the event of any failure of any Application to conform to any applicable warranty on a device provided by Apple, you may notify Apple for a refund of the purchase price for the Application, if any.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications.

Indemnification

To the extent permitted by law, you are responsible for damages incurred by the CyberStep Parties as a result of your use of any Application and agree to defend, indemnify and hold harmless the CyberStep Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (i) your use of the  Application, (ii) any breach of these Terms of Service, the Privacy Policy or any other policies posted in the Application from time to time and (iii) any claim that your User Content caused damage to any third party.  This provision will survive these Terms of Service and your use of the Applications.

Third-Party Beneficiary

You acknowledge and agree that the providers of devices, including Apple and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, the providers of devices, including Apple, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

You acknowledge that, in the event of any user or third-party claim relating to any Application or your possession and use of the Application, including, but not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation; and (c) claims of infringement of a third party’s intellectual property rights, none of Apple or any other device provider or Android has any responsibility for the investigation, defense, settlement and discharge of any such claim.

No Support

You agree that neither we nor the provider of your device or app download platform (for example, Apple and Android) have any obligation to provide support relating to the Applications.  If we do provide support, we may discontinue it at any time.

Unsolicited Materials, Ideas

CyberStep does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas that may be sent to us.  If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that CyberStep is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Games, without any obligation, liability or payment of any kind to you.

Communications

You agree that CyberStep may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Applications, or for other purposes we deem appropriate.

Any questions relating to the Applications should be sent to contact@cyberstep.com or, if by physical mail, to:

CyberStep, Inc.

Asahi Seimei Daitabashi Bldg 4

1-22-19 Izumi, Suginami-ku

Tokyo 168-0063

Japan

Disputes

As used in these Terms of Service , “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and CyberStep concerning any  Application and your or CyberStep’s obligations and performance under these Terms of Service or with respect to any Application, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory.  “Dispute” will be given the broadest possible meaning allowable under law.  You acknowledge that the operators of the Application Stores, including Apple, Google, Nintendo and Amazon, are not responsible for addressing any Disputes.

If a Dispute arises, we strongly encourage you to first contact us directly to seek a resolution by e-mail to contact@cyberstep.com.

YOU AND CYBERSTEP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

United States Residents: The Game is offered by CyberStep, Inc., a Japanese company. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834.

Negotiation and Arbitration

Any Dispute arising under or relating to these Terms of Service, use of the Applications or your relationship with CyberStep shall be finally settled by binding arbitration between you and CyberStep.  You and CyberStep agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and CyberStep otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which you or CyberStep provides written notice of the Dispute. You and CyberStep agree that neither will commence arbitration before the end of the time for informal negotiation.  If informal negotiation is not effective, arbitration shall be conducted as follows:

Outside United States.  If you reside outside the United States, the arbitration will be held under the UNCITRAL Arbitration Rules and conducted in Tokyo, Japan by the Japan Commercial Arbitration Association before a single arbitrator. However, if the amount in dispute is US$25,000 or less, any arbitration hearing will be held by telephone unless the arbitrator finds good cause to hold an in-person hearing instead.

United States Residents:  If you reside in the United States, the arbitration will be held under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”) (provided that if you are a business or the amount in dispute is more than US$75,000, the Commercial Arbitration Rules will apply) and conducted in San Francisco, California by the AAA before a single arbitrator.  However, if the amount in dispute is US$25,000 or less, any arbitration hearing will be held by telephone unless the arbitrator finds good cause to hold an in-person hearing instead.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.  INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL.  ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Neither you nor CyberStep will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.  If the prohibition against class actions above is found to be unenforceable, then all of the preceding language in this Negotiation and Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with CyberStep.

Governing Law

Outside United States:  If you reside outside the United States,  you agree that the laws of Japan, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and CyberStep.  The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

United States Residents:  If you reside in the United States, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and CyberStep.  Notwithstanding the foregoing, the arbitration clause set forth above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

 

ALL USE OF THE APPLICATIONS, MATTERS RELATING TO SUBMISSIONS OF USER CONTENT, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE APPLICATION AND TRANSACTIONS CONCLUDED THROUGH THE APPLICATION, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF CALIFORNIA, USA.

Severability

If any of the terms or conditions of these Terms of Service shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of this these Terms of Service.

Delay in Enforcement

No delay or failure to take action under this these Terms of Service shall constitute any waiver by us of any provision of these Terms of Service.

US Government Users

United States ResidentsThe Applications and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R.  §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R.  §12.212 or 48 C.F.R.  §227.7202, as applicable.  Consistent with 48 C.F.R.  §12.212 or 48 C.F.R.  §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished-rights reserved under the copyright laws of the United States.

Complete Agreement

These Terms of Service, the Privacy Policy and any other policies posted in the Applications from time to time, constitute the complete agreement between you and CyberStep with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and CyberStep.