1. Agreement to Terms
2. Changes to Terms or Services
Limited Use License: Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
5. User Content
We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using our Services. These are hereafter referred as the "User Content."
By transmitting or submitting any User Content while using our Service, you thereby affirm, represent and warrant that such transmission and/or submission is:
- Accurate and not confidential or misleading;
- Not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;
- Free of viruses, adware, spyware, worms or other malicious code; and
We assume no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk; you bear all risks associated with the use of any User Content available in connection with the service. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations.
At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text.
GREMORY GAMES INC. reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation to your user Content) without notice for any reason or for no reason at any time. If at any time we choose, in our sole discretion, to monitor the Service, we nonetheless assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
6. User Conduct
You may be required to register an account (the "Account") on the Services. Your use of the Service is governed, maintained, and enforced by GREMORY GAMES INC. through the following User Conduct. You are entirely responsible for knowing, understanding, and abiding by the User Conduct.
The User Conduct rules are not exhaustive, and we reserve the right to determine which conduct is considered to be outside the spirit of the Game and to take disciplinary measures, including but not limited to: Termination and/or deletion of user accounts, prohibiting user from using the Service in whole or in part. User conduct governs all aspects of your interactions with the Games, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Games.
You acknowledge and agree that if we find, at our sole discretion, that you have violated User Conduct, you may no longer have access to the violating item(s) and/or we reserve the right to take actions, which may include the disciplinary actions identified in "11. Termination."
When you access or use any Service, you agree that you will not:
When you access or use any Service, you
agree that you will not:
- Violate any law, rule or regulation.
- Post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any other users of the Service.
- Organize or participate in any activity or group that is inappropriate, abusive, harassing, obscene, threatening, infringing, invades other person's privacy, or is otherwise reasonably and objectively considered objectionable by Gremory, in its sole discretion.
- Post or transmit information that is illegal or that you do not have permission to freely distribute.
- Post or transmit messages for any purpose other than personal communication, including but not limited to: Advertising, spamming, chain letters, pyramid schemes, and any other types of solicitation or commercial activities.
- Create and utilize a false identity for the purpose of misleading others or impersonate any entity, including but not limited to Gremory employee or representative.
- Share account passwords with a third party.
- Send and/or post in-game support improperly or make false reports to Gremory staffs.
- Attempt to obtain, or phish for, a password, account information, or any other private information from anyone else on the Services.
- Make use of any payment methods to access or purchase Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity.
- Attempt to disrupt the operation of our business through use of methods, including but not limited to: Robot, spider, viruses, denial of service (DoS) attacks, flooding, spamming, or any other similar programs that may damage the operation of another's computing device or property.
- Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of the Services that we do not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in a Service.
- Use or distribute counterfeit software or content, including virtual goods.
- Use information about users publicly available in any Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
Failure to comply with this Code of Conduct may result in the suspension of your account and access to the Services, and/or subject you to any of the penalties identified in "11. Termination".
If you are under 18 years old, or under the legal age of majority in your country of residence, you represent that your parent or legal guardian has reviewed and agreed to these Terms.
Copyrights, trademarks, and all other proprietary rights shown in the Content (including but not limited to: Software, Services, text, graphics, and logos) are reserved to GREMORY GAMES INC. and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the Site, Software, or Services, except as expressly authorized herein.
Except as otherwise provided, the Content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the Content, including, without limitation, distribution, reproduction, modification, display, or transmission, without our proper written consent is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
We disclaim all proprietary interests in its intellectual property rights other than our own. References to third-party services and software are given by GREMORY GAMES INC. "as is," without warranty of any kind, either expressed or implied.
8. Payment Terms
8-1 In-Game Purchases
We may license to you certain virtual goods and services to be used within the Games and which you may purchase with real money or which you may earn or redeem via gameplay ("Virtual Items"). When you obtain such Virtual Items from us or our authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable Game and solely for non-commercial use.
For Virtual Items, your order will represent an offer to obtain a limited license and right to use the relevant Virtual Item(s) that will be accepted by us when we accept payment.
For orders to obtain a limited license and right to use Virtual Items, by clicking or tapping the purchase/order button on the purchase window or page, you agree that we will provide the Virtual Items to you as soon as we have accepted your order.
You understand that while you may "earn," "buy," or "purchase" Virtual Items, in our Services, you do not legally "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance or real currency or its equivalent. Any "virtual currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
All sales are final: You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unusual virtual items when an account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through our Site or another platform such as Apple, Google, or any other sites or platforms where we offer our Services.
Purchases to acquire a limited license and right to use Virtual Items are non-refundable to the fullest extent allowed by law.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the Virtual Items it licenses to you through the Services at any time. We may modify or eliminate Virtual Items at any rate, with or without notice. Virtual Items cannot be sold, traded, transferred, or exchanged for cash.
We may limit, suspend, terminate, modify, or delete your access to and use of the Services, at our sole discretion, at any time and with or without notice to you. Upon termination and/or limitation, you may lose your accounts, as well as any benefits, privileges, earned items and purchased items associated with your use of the Service. We are under no obligation to compensate for any such losses or results.
We may limit, suspend or terminate the Service and user account or portions thereof, prohibit access to our Games and Sites, and their content, Services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if, on our sole discretion, they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or Policies.
If you violate the law or breach the Terms, and your violation or breach results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (i.e. you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us.
11. Warranty Disclaimers
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO USERS UNDER APPLICABLE LAWS, THE SERVICE AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. GREMORY DISCLAIMS ANY IMPLIED DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SERVICE ARE MERCHANTIBLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIR FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GREMORY OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
GREMORY DOES NOT ENDORSE AND MAKES NO WARRENTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL GREMORY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OF THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, YOU ACKNOWLEDGE THAT GREMORY AND ITS AFFILITATES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUETIONAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, GREMORY’S TOTAL LIABILITY IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNT IN SUCH SIX (6) MONTH PERIOD, YOU MUST STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT (IN CASE YOU OWN ONE) AS A SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US.
CETAIN JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OF CERTAIN WARRANTIES AND LIABILITIES SET FORTH ABOVE. THEREFORE, THE LIMITATIONS AND DISCLAIMERS AS EXPLICITELY PROVIDED AS ABOVE STATEMENTS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM AS PERMITTED UNDER SUCH APPLICABLE LAW.
13. Time Limitation on Claims
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one (1) year after such claim arose; otherwise your claim is permanently barred.
14. Governing Law and Venue
The Services are administrated and provided by GREMORY GAMES INC. from its office in Japan. By using our Services, you agree that the laws and regulations in force in Japan, without regards to its conflicts of law principles, will apply to all matters relating to the use of the Services.
Further, you and we agree to the jurisdiction of the courts in Osaka, Japan to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services, as well as any non-contractual disputes and/or claims relating to or arising in connection with them.
15. Dispute Resolution
If a dispute arises between you and us, we strongly recommend you to first contact us directly to seek a resolution by clicking on "Contact Us" ( https://www.actiontaimanin.net/contact/ ) on the Service within settings, or e-mail us on [email link]. Before initiating any arbitration or court proceeding, please contact our support team to address your issue.
16. General Terms
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Last Updated: August 25, 2020
GRMORY GAMES INC.