DARK SUMMONER END-USER LICENSE AGREEMENT
This End-User License Agreement (“Agreement”) is between you and Ateam Inc. (“Ateam”), and governs your use of, including any updates to, this application (“Application”). By using the Application, you fully agree to the Agreement.
This Agreement will be amended periodically and you agree to be bounded to any amendments. It is your responsibility to check and read this Agreement regularly. If you do not agree to any of these terms, do not install or use the Application. Ateam may, at its own discretion, amend the Agreement for any reason. Unless otherwise provided by Ateam, any amendments shall become effective when you use Application for the first time after they are displayed on the Application.
Ateam reserves all rights in the Application including, but not limited to, titles, designs, pictures, storylines, text, images, animations, video, music, and all related copyrights, trademarks, and intellectual property rights. You do not acquire any ownership rights by using the Application, or paying for any content within.
III. APPLICATION USAGE
This Application may need to connect to application servers in order to play. You are responsible for any costs and fees associated with playing this game, including but not limited to, costs related to device setup, network access, provider plans, and transmission fees. You acknowledge that due to server maintenance and necessary updates, access to the game may become temporarily unavailable. Player data related to this Application is provided as is and there are no guarantees related to its accuracy or restoration in the event of data loss or changes (ex. when the player replaces an old device with a new device). Also player data belonging on one device platform cannot be transferred to another device platform.
You agree to use the Application as it is intended and will NOT do, without limitation, the following prohibited actions: (i) copy, display, seek to disable, distribute, perform, publish, modify, decompile, disassemble, reverse engineer, transfer, create derivative works from, the Application; (ii) remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application; (iii) libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; (iv) exploit or use cheats to obtain an advantage that is not intended; (v) conduct real-money trading using any content or part of the Application (vi) reset a device and/or the data within to create multiple player accounts; (vii) share your account information with any third party; (viii) obtain in-game currency and in-game items without paying applicable fees in the Application (Ateam has the right to collect in-game currency and in-game items which are equivalent amount of unpaid or cancelled applicable fees); (ix)act contrary to public order and morals; (x)act and promote any illegal activity; (xi) use the Application by account information of others; (xii) in addition, any act that Ateam regards as prohibited act at its own discretion. Ateam shall, without prior notice, be entitled to restrict or suspend your use of the Application in case that Ateam finds that you have conducted those prohibited actions and will not be liable for any loss and damages arising from the Application that may be incurred by you.
The Application contains communication channels like messaging, bulletin boards, and/or forums which enable you to communicate with other users. You acknowledge that communications made through these channels are public, with the content not controlled or endorsed by Ateam. Ateam disclaims any liability with regards to the communication and any actions resulting from you using the communication channels. Ateam reserves the right to edit and remove communication content at its sole discretion, and may disclose any information found within the communication channels to satisfy any applicable law.
IV. COLLECTING INFORMATION
V. USER FEEDBACK
Any and all feedback and submissions to Ateam in connection with the Application will become the exclusive property of Ateam, and Ateam may use such property in any manner without compensation to you.
VI. CHARGES & BILLING
The Application includes in-game currency and in-game items that can be licensed for use by you through an in-app purchase using “real money.” You agree to pay the applicable fee for any in-app purchases you make. All purchases are final, non-transferable, and sold as-is with no warranties of any kind. You agree that you have no right of ownership to any of the content made available to you, either free or through an in-app purchase, in the Application.
Depending on the payment method selected by the user, purchases may be subject to individual payment method fees and/or exchange rate fluctuations that would result in the user being charged a different amount than displayed. Please direct inquiries regarding any charge fluctuations to the payment method provider, as Ateam is not liable or responsible for any difference in charges as a result of such fluctuations.
VII. APPLICATION UPDATES & BALANCING
The Application will experience maintenance and adjustments to its content. Ateam reserves the right to make changes to the Application at its sole discretion, including but not limited to, in-game content and player data adjustments (including the reset/balance of player data) without prior notice to users and without liability.
VIII. TERM & TERMINATION
The term of this Agreement shall commence on the date that you install or use the Application and will remain in effect until you remove the Application from your device and discontinue use, or the termination of this Agreement. Ateam reserves the right to deny or terminate any user access to the Application without notice in the following cases; (i)you breach or fail to comply with any provisions of this Agreement; (ii)you are deemed by Ateam to be inappropriate and causing trouble to other users; or (iii)with or without cause.Upon termination of this Agreement, sections II, IV, V, VI, VII, IX, X and XI will survive.
IX. DISCLAIMER OF WARRANTY
The software is provided “as is” without warranty and Ateam assumes no liability or responsibility for: (i) any errors, faults, or inaccuracies of content; (ii) loss or damage of any kind, including personal and/or emotional, as a result of the use of the Application; and (iii) any interference, interruption, or cessation to the Application that may hamper your experience.
X. LIMITATION OF LIABILITY
In no event shall Ateam and their suppliers, directors, officers, agents, contractors, partners, or employees be liable for any personal injury, property damage, loss of data, loss of profits, or any indirect, special, punitive, incidental, or consequential damages arising out of or related to the use of the Application and its Agreement, whether arising under theory of contract, tort (including negligence), contract strict liability or otherwise. Any liability arising from this Application and its Agreement shall not exceed the price you paid for the Application with such limitations being applied by the fullest extent permissible by applicable law.
You agree to defend, indemnify and hold Ateam, and each of its suppliers, directors, officers, agents, contractors, partners, and employees and other users of the Application, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to; (a) Your use of the Application; (b) any breach by you of any provisions of this Agreement; (c) any unlicensed use of the Application using your user accounts; and (d) your negligent or willful misconduct.
XII. GENERAL PROVISIONS
Ateam and you agree that Ateam, and not the device creator or owner of the app download service that provided this app, is solely responsible for the Application and its related content. You also agree that Ateam may change any part of the Application or discontinue the Application or part thereof, for any reason and without notice to you and without liability. This includes the right to modify or eliminate the use of in-game items and/or in-game currency in the Application.
This Agreement shall be governed by and construed in accordance with the laws of Japan, without giving effect to the conflict of law principle thereof, and the parties hereby submit to the exclusive jurisdiction of the Japanese courts in Tokyo, Japan. If a proper authority finds that any provision of this Agreement is invalid, the remaining provisions of this Agreement shall remain in full force.
Enacted: February 24, 2012
Amended: July 10, 2017
Protection of Individual Private Information
Ateam considers the protection of all personal information in our possession as a top priority and follows the following policies in protecting personal information.
Individual Private Information Protection Policies
1. Our company handles individual private information received through, but not limited to, information service companies, member registrations, promotional offers, and jobs applications. Ateam will not use this information for any purpose that exceeds the range necessary for the achievement of the specified purpose it was intended for.
2. Our company values everyone’s personal information and follows all laws in connection to acquiring and managing personal individual information and follows protection standards in our efforts to protect information we have in possession.
3. Our company has appointed a qualified professional who is responsible for the management and protection of personal information and works to certify that information in our possession is protected from being leaked or damaged. This individual also makes sure that our company is taking reasonable security precautions in protecting all information. Moreover, in the range necessary to achieve the purpose of using personal information, we will make efforts to keep information in our possession up-to-date and accurate.
4. Our company will continuously improve the management system and use latest information technological methods related to personal information protection to maintain the utmost security of personal information in our possession.
Handling of Individual Personal Information
Ateam promises to follow laws and standards concerning the protection of personal information and to handle information properly in accordance with the following.
1. Management of Personal Information
Our company in accordance to laws, guidelines, and in-company rules, follows an effective safety management plan to protect personal information from leaks, damages, misuse, and any unwanted actions. Moreover, we actively educate staff and enforce the appropriate handling and protection of any personal information that they may deal with.
2. Acquiring and Purpose of Use of Personal Information
Our company collects personal information through proper means. When our company intends to acquire personal information, the purpose of use will be provided to customers before it is collected.
3. Our company will use personal information in the range necessary to achieve the following tasks:
" To develop a new product and/or service, or improve an existing product and/or service.
" To deliver any confirmations via e-mail and/or mail.
" To provide confirmation of registration to a membership service.
" To delivery a purchased product.
" To send any remunerations for cooperating in a questionnaire.
" To send any prizes won in promotions that were participated in.
" To deliver information related to provided products and/or services.
" To report on and/or confirm the acceptance of a recruitment application.
" To send an answer to any received inquiries.
4. Personal Information and Third Parties.
Our company, excluding the following conditions, will NOT provide personal information to any third party.
" With the customer’s consent beforehand to share information.
" When the information is provided for proper supervision by a certified outsource company.
" When the information was acquired for the purpose of being provided to a third party, with that purpose clearly stated.
" To protect someone’s life or property when it is difficult to obtain the customer’s permission
" When information is demanded by a court of law or is required by law by an official government body or national organization.