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Volzerk：Monsters and Lands Unknown - END USER LICENCE AGREEMENT
This End User Licence Agreement ("EULA") shall apply to the provision of “Volzerk：Monsters and Lands Unknown” ("App") by COLOPL, Inc. ("we" or "Colopl") to you ("you" or "User"). In order to use the App, you need to accept the EULA.
1. Definitions and Interpretation
1.1 Capitalised words and phrases used in this EULA shall have the following meanings:
"Additional Terms" has the meaning set out under Clause 16;
"Contents" means any text, characters, symbols, images, videos, audios, voice, and all other expressions which are created by you, including, but not limited to, any comments or posts by you.
"Device" means any communication terminals, including, but not limited to, smartphones or tablets.
"Intellectual Property Rights" means all intellectual property rights, including patents, trade secrets, trademarks, service marks, trade or business names, copyrights and other rights in works of authorship (including rights in the computer App), moral and artists' rights, design rights, domain names, know-how, database rights whether any of the foregoing are registered or unregistered, and all rights or forms of protection of a similar nature in any country;
"Items" means any in-app currencies, items, services or interests that we provide to you and can only be used in the Service.
"Party" means User or Colopl, and "Parties" means both User and Colopl;
"Services" means game contents and related services we provide to you through the App.
1.2 The headings of Clauses are for ease of reference only and shall not affect the interpretation of this EULA.
1.3 References in this EULA to any clause are references to clauses of this EULA.
1.4 References to "includes" or "including" shall be read as being immediately followed by the words "without limitation".
2. Licence
Subject to the terms of this EULA, we grant to you a nonexclusive, non-transferable licence to use the App (including any patches and updates) and the Services solely for your personal purposes and for the use in accordance with this EULA.
3. Use of the App
3.1 You shall download and install the App to your own Device at your own risk.
3.2 You shall prepare necessary Devices and communication line at your cost.
3.3 You agree that we may establish, develop, construct or change the specifications, rules, designs, audio-visual expression and effects, parameter, scenario and all other matters related to the Apps and Services.
3.4 You shall grant us non-exclusive and non-transferable licence to use the Contents for the purpose of operating our Service and for our marketing purposes.
4. Items
4.1 Subject to the terms of this EULA, we grant to you a non-exclusive, non-transferable licence to use Items solely for the purpose of use in the App. We may, in our sole discretion, cancel the Items you have been granted or limit the number of Items you have purchased or otherwise obtained. Items do not have any monetary or other value and you cannot sell or give Items to anyone else.
4.2 You will only have the right to use the in-app currencies and other Items to the extent described in the App and will not obtain any title or intellectual property rights thereto. In-app currencies and other Items must be consumed or used within the App and may not be exchanged for or used to buy real world goods or currencies.
4.3 Once we grant the Items to you, to the extent permitted by law, we will not refund the Items or exchange the Items for other Items.
5. restrictions
5.1 You agree that you will not do any of the following, attempt to do any of the following, or encourage anyone to do any of the following:
・allow any third parties to use, sell, rent with charge, assign or pledge, your account or Items with or without consideration, whether in or outside of the App, to third parties or conduct any preparations thereof (including invitation to offer, offer and acceptance);
・hold any game events in the App for a profit;
・sell or exchange in-app currencies or other Items for or with actual currencies, assets or other profits in the real world (i.e., "real money trading"), or with another service's currencies or items, or conduct any preparations thereof (including invitation to offer, offer and acceptance of the trading), whether in or outside of the App;
・register more than one account with the App;
・share one account with any third parties;
・impersonate other users or fake your identity to use the App;
・infringe any rights or harm the interests of us or any third party including intellectual property rights, portrait rights, publicity rights, privacy rights, fame or credits in relation to your use of the App (to the extent that such use is not licensed by these terms);
・conduct any acts that cause any inconvenience to us or a third party;
・use the App for the purpose of committing any criminal acts or an act that may lead to a criminal act;
・use the App for any political, religious or other related purposes;
・violate any laws and regulations, or conduct any acts against public order and morals in relation to the use of the App;
・use the App in inappropriate situations such as when you are driving or in dangerous places;
・collect, store or share any personally identifiable information of other users from or through the App;
・transmit, post, display or sell via the App the following types of Contents or conduct any other acts related to the foregoing:
a. Pornographic Contents that include all Contents that we determine to stimulate sexual emotion of others, and Contents against public order and morals;
b. Contents which contain others’ personally identifiable information without their prior and informed consent;
c. Contents which are used for the purpose of advertising, marketing or soliciting for any products, services or events of third parties, whether for commercial or non-commercial purposes;
d. Contents that contain bank account numbers or passwords;
e. Contents which lead directly to an external website, including Contents that only contain the URL of external websites, unless otherwise permitted by us;
f. Contents which we deem may cause discomfort to other users;
g. Contents which may be harmful to minors;
h. Contents which contain false information or information which is not proven to be factual;
i. Contents which contain a copy of, either in whole or in part, of the communication with us or other user's Contents;
j. Any other Contents as we deem as being inappropriate.
・disassemble, de-compile, reverse engineer, create derivative works based on the whole or any part of the App or the Services or analyse source code, structure or ideas of the App, nor attempt to do any such thing;
・destroy or damage any security devices or security code incorporated into the App or Service;
・use, develop, distribute or sell any technical measures which affect the Service including, but not limited to, automation software, bots, cheat tools or any other external tools;
・encourage or enable any other individual to do any of the foregoing;
・do any other acts which we deem as being inappropriate.
6. CONSEQUENCES of the breach of the EULA
6.1 When we determine that you have breached any of these terms, we may, in our sole discretion, take necessary measures including, but not limited to:
・warning you to cease the breach of the terms and make sure such a breach never happens again;
・asking you to voluntarily delete or correct Contents;
・deletion of all or part of the Contents or its archives, change of the scope of disclosure or making it unavailable.
・announcement of the breach in or outside of the Service, including reporting the breach to the police officer or other relevant authorities;
・taking any adverse measures within the Service, including divestiture of rights to use any in-app Items;
・suspension of your account; or
・ending your rights to use the App or Services in accordance with clause 14.
6.2 We shall not be liable for any damages you suffer arising out of or in connection with any measures provided in the preceding paragraph.
6.3 We may cease providing you with access to the Services and any of our other services if we take the measures provided in clause 6.1 to you. We may retain your personal data to the extent necessary for this purpose.
6.4 You cannot make an objection to our measures taken against your breaches of the terms in accordance with this EULA.
6.5 We shall not lose our right to seek damages from you regardless of whether we take any measures under clause 6.1.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all Intellectual Property Rights in the App and Services shall be owned by and will remain the property of Colopl or third party right holders. You shall have no rights in or to the App and Services other than the rights to use them in accordance with this EULA.
8. Update to the App
8.1 From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
8.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.
8.3 The App will always work with the current version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you install it.
9. WARRANTIES and COVENANTS
9.1 We do not warrant that the use of the App will be uninterrupted or error-free.
9.2 None of the oral or written information or advice given by us creates a warranty. The Service and the App are provided on an "AS-IS" basis without warranty of any kind, and, to the fullest extent permitted by applicable law, we disclaim all warranties with respect to the information, contents, Service, or Items provided by us, express or implied, including, without limitation, the warranties of integrity, accuracy, applicability, availability, safety and certainty.
9.3 We do not have an obligation to fix the bug of the App or develop the App. We may, in our sole discretion, provide the updates or new version of the App. The updated App and new version of the App are considered to be the App under the EULA and the terms of this EULA will apply to it.
9.4 We shall not make any warranties with respect to any goods or services of third parties provided in connection with the use of the Services.
10. LIABILITY
10.1 We are not liable for any of your damages arising out of or in connection with the App and Service. Especially, we are not liable for:
・any damages caused to third parties arising out of or in connection with your use of the App or Service. You have sole responsibility for such damages.
・any losses or damages arising out of or in connection with interruption of the Service because of any defect, error or failure of the Service.
・any losses or damages arising out of or in connection with unavailability of the Service attributable to you, including, but not limited to, (i) any changes or alterations of, or additions of any technical features to your Devices (including hardware and software) made by you, (ii) loss or forgetting of any registered information of you by, for example, deletion of the App or loss, theft, failure of the Devices. In these cases, we will not take any measures to make the Service available for you again.
・any losses or damages caused to you as a result of your breach of any of the terms of this EULA or additional terms.
・any products or services of third parties, which is used with the App or Service.
10.2 Notwithstanding a preceding paragraph, if above exclusion of liability is prohibited by applicable law, we are responsible only for ordinary and directly losses or damages you suffer and are not liable for any losses or damages arising out of or in connection with any extraordinary circumstances (regardless of whether such losses or damages are foreseen or foreseeable), and/or any special, indirect, incidental and/or consequential damages of any kind.
10.3 Notwithstanding the clause 10.1 and 10.2, we do not exclude or limit in any way our liability to you where it would be unlawful to do so under the applicable laws.
11. Age Restriction
11.1 You must be 13 or over to use the App and Services.
11.2 If you are a minor in your jurisdiction:
・your legal representative's (e.g., a person with parental authority) consent is required to accept these terms of the EULA and use the App and Services; and
・you can purchase a paid Service or Items only within the maximum limit that we set separately.
11.3 To the extent permitted by applicable law, you cannot cancel your juridical act (e.g., purchase of Service or Items) if you pretend that you obtain consent from your legal representatives or you are a majority.
11.4 To the extent permitted by applicable law, by using the Service after you become a major, you shall confirm all your juridical act that was conducted when you were a minor.
12. Third-Party Websites
12.1 The App or any Service may contain links to other independent websites that are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies.
12.2 You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
13. termination by user
13.1 You may, in your sole discretion, withdraw from the Service by uninstalling the App from your Device.
13.2 You agree that all Items that you have are lapsed at the time of withdrawal from the Service.
13.3 We shall have no obligation to retain your personal data and other data after your withdrawal.
14. TERMINATION BY Colopl
14.1 Without prejudice to any of its other rights or remedies under this EULA, we shall have the right to end your rights to use the App and Services immediately upon giving written notice to you if you commit a breach of this EULA.
14.2 Without prejudice to any of its other rights or remedies under this EULA, we may end your rights to use the App and Services when other requirements we show on the App are filled (e.g., when you do not access the App for a certain period of time).
14.3 If we end your rights to use the App and Services:
・You must stop all activities authorised by these terms, including your use of the App and any Services.
・You must delete or remove the App from all Devices in your possession.
・We may cease providing you with access to the Services and any of our other services. We may retain your personal data to the extent necessary for this purpose.
14.4 Clause 13.2 and 13.3 shall apply to the case of termination by Colopl under this clause 14.
15. Privacy
15.1 The information relating to our processing of your personal data is provided in PRIVACY POLICY and it is important that you read that information.
15.2 We shall maintain a secrecy of communication regarding the in-app chat between you and other users if the App has direct communication between the users. Provided, however, that we may access or delete the information under a secrecy of communication to the extent permitted by applicable law.
16. Additional terms
For paid Services, we will use third-party payment companies (including, but not limited to, Amazon Services International, Inc.; Apple Inc.; Google LLC.) who have their own terms of use and privacy policies ("Additional Terms"). To use such Services, you shall agree and comply with the Additional Terms.
The ways in which you can use the App may also be controlled by rules and policies of Apple Store or Play Store.
17. Contact Details
If you have any queries or complaints, or wish to contact us for any other reason, please contact us via the App.
18. Changes to the EULA
We may change these terms time to time. We will give you a reasonable prior notice of any change by posting new EULA within the Service, or obtain consent from you if it is required by law. If you do not accept the notified changes, you will not be permitted to continue to use the App and are required to delete the App from your Device. By continuing to use the App after the effective date of the new EULA, you agree to the terms of it.
19. GENERAL
19.1 Except as expressly set out in this EULA, it is not intended that any third party may enforce the benefit conferred on it under this EULA. User and Colopl reserve the right to rescind or vary this EULA without the consent of such third parties.
19.2 You shall not transfer your rights or your obligations under these terms to another person.
19.3 If any provision or part-provision of this EULA is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this EULA.
19.4 The rights, powers and remedies provided in this EULA are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law or otherwise.
19.5 If we delay or fail to exercise any right or remedy under this EULA, we will not have waived that right or remedy.
19.6 This EULA contains all the terms agreed between the Parties regarding the subject matter and supersedes and replaces any prior agreement, understanding or arrangement between the Parties, whether oral or in writing. Without prejudice to the foregoing, the only remedy available to a Party in respect of a breach of any representation, which is incorporated into this EULA, shall be for breach of contract.
19.7 This EULA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Japanese law. Each Party irrevocably agrees that the Tokyo District Court shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this EULA or its subject matter or formation. Notwithstanding the above, Colopl has the right to instigate proceedings for equitable relief in any court of competent jurisdiction.
This End User Licence Agreement ("EULA") shall apply to the provision of “Volzerk：Monsters and Lands Unknown” ("App") by COLOPL, Inc. ("we" or "Colopl") to you ("you" or "User"). In order to use the App, you need to accept the EULA.
1. Definitions and Interpretation
1.1 Capitalised words and phrases used in this EULA shall have the following meanings:
"Additional Terms" has the meaning set out under Clause 16;
"Contents" means any text, characters, symbols, images, videos, audios, voice, and all other expressions which are created by you, including, but not limited to, any comments or posts by you.
"Device" means any communication terminals, including, but not limited to, smartphones or tablets.
"Intellectual Property Rights" means all intellectual property rights, including patents, trade secrets, trademarks, service marks, trade or business names, copyrights and other rights in works of authorship (including rights in the computer App), moral and artists' rights, design rights, domain names, know-how, database rights whether any of the foregoing are registered or unregistered, and all rights or forms of protection of a similar nature in any country;
"Items" means any in-app currencies, items, services or interests that we provide to you and can only be used in the Service.
"Party" means User or Colopl, and "Parties" means both User and Colopl;
"Services" means game contents and related services we provide to you through the App.
1.2 The headings of Clauses are for ease of reference only and shall not affect the interpretation of this EULA.
1.3 References in this EULA to any clause are references to clauses of this EULA.
1.4 References to "includes" or "including" shall be read as being immediately followed by the words "without limitation".
2. Licence
Subject to the terms of this EULA, we grant to you a nonexclusive, non-transferable licence to use the App (including any patches and updates) and the Services solely for your personal purposes and for the use in accordance with this EULA.
3. Use of the App
3.1 You shall download and install the App to your own Device at your own risk.
3.2 You shall prepare necessary Devices and communication line at your cost.
3.3 You agree that we may establish, develop, construct or change the specifications, rules, designs, audio-visual expression and effects, parameter, scenario and all other matters related to the Apps and Services.
3.4 You shall grant us non-exclusive and non-transferable licence to use the Contents for the purpose of operating our Service and for our marketing purposes.
4. Items
4.1 Subject to the terms of this EULA, we grant to you a non-exclusive, non-transferable licence to use Items solely for the purpose of use in the App. We may, in our sole discretion, cancel the Items you have been granted or limit the number of Items you have purchased or otherwise obtained. Items do not have any monetary or other value and you cannot sell or give Items to anyone else.
4.2 You will only have the right to use the in-app currencies and other Items to the extent described in the App and will not obtain any title or intellectual property rights thereto. In-app currencies and other Items must be consumed or used within the App and may not be exchanged for or used to buy real world goods or currencies.
4.3 Once we grant the Items to you, to the extent permitted by law, we will not refund the Items or exchange the Items for other Items.
5. restrictions
5.1 You agree that you will not do any of the following, attempt to do any of the following, or encourage anyone to do any of the following:
・allow any third parties to use, sell, rent with charge, assign or pledge, your account or Items with or without consideration, whether in or outside of the App, to third parties or conduct any preparations thereof (including invitation to offer, offer and acceptance);
・hold any game events in the App for a profit;
・sell or exchange in-app currencies or other Items for or with actual currencies, assets or other profits in the real world (i.e., "real money trading"), or with another service's currencies or items, or conduct any preparations thereof (including invitation to offer, offer and acceptance of the trading), whether in or outside of the App;
・register more than one account with the App;
・share one account with any third parties;
・impersonate other users or fake your identity to use the App;
・infringe any rights or harm the interests of us or any third party including intellectual property rights, portrait rights, publicity rights, privacy rights, fame or credits in relation to your use of the App (to the extent that such use is not licensed by these terms);
・conduct any acts that cause any inconvenience to us or a third party;
・use the App for the purpose of committing any criminal acts or an act that may lead to a criminal act;
・use the App for any political, religious or other related purposes;
・violate any laws and regulations, or conduct any acts against public order and morals in relation to the use of the App;
・use the App in inappropriate situations such as when you are driving or in dangerous places;
・collect, store or share any personally identifiable information of other users from or through the App;
・transmit, post, display or sell via the App the following types of Contents or conduct any other acts related to the foregoing:
a. Pornographic Contents that include all Contents that we determine to stimulate sexual emotion of others, and Contents against public order and morals;
b. Contents which contain others’ personally identifiable information without their prior and informed consent;
c. Contents which are used for the purpose of advertising, marketing or soliciting for any products, services or events of third parties, whether for commercial or non-commercial purposes;
d. Contents that contain bank account numbers or passwords;
e. Contents which lead directly to an external website, including Contents that only contain the URL of external websites, unless otherwise permitted by us;
f. Contents which we deem may cause discomfort to other users;
g. Contents which may be harmful to minors;
h. Contents which contain false information or information which is not proven to be factual;
i. Contents which contain a copy of, either in whole or in part, of the communication with us or other user's Contents;
j. Any other Contents as we deem as being inappropriate.
・disassemble, de-compile, reverse engineer, create derivative works based on the whole or any part of the App or the Services or analyse source code, structure or ideas of the App, nor attempt to do any such thing;
・destroy or damage any security devices or security code incorporated into the App or Service;
・use, develop, distribute or sell any technical measures which affect the Service including, but not limited to, automation software, bots, cheat tools or any other external tools;
・encourage or enable any other individual to do any of the foregoing;
・do any other acts which we deem as being inappropriate.
6. CONSEQUENCES of the breach of the EULA
6.1 When we determine that you have breached any of these terms, we may, in our sole discretion, take necessary measures including, but not limited to:
・warning you to cease the breach of the terms and make sure such a breach never happens again;
・asking you to voluntarily delete or correct Contents;
・deletion of all or part of the Contents or its archives, change of the scope of disclosure or making it unavailable.
・announcement of the breach in or outside of the Service, including reporting the breach to the police officer or other relevant authorities;
・taking any adverse measures within the Service, including divestiture of rights to use any in-app Items;
・suspension of your account; or
・ending your rights to use the App or Services in accordance with clause 14.
6.2 We shall not be liable for any damages you suffer arising out of or in connection with any measures provided in the preceding paragraph.
6.3 We may cease providing you with access to the Services and any of our other services if we take the measures provided in clause 6.1 to you. We may retain your personal data to the extent necessary for this purpose.
6.4 You cannot make an objection to our measures taken against your breaches of the terms in accordance with this EULA.
6.5 We shall not lose our right to seek damages from you regardless of whether we take any measures under clause 6.1.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all Intellectual Property Rights in the App and Services shall be owned by and will remain the property of Colopl or third party right holders. You shall have no rights in or to the App and Services other than the rights to use them in accordance with this EULA.
8. Update to the App
8.1 From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
8.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.
8.3 The App will always work with the current version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you install it.
9. WARRANTIES and COVENANTS
9.1 We do not warrant that the use of the App will be uninterrupted or error-free.
9.2 None of the oral or written information or advice given by us creates a warranty. The Service and the App are provided on an "AS-IS" basis without warranty of any kind, and, to the fullest extent permitted by applicable law, we disclaim all warranties with respect to the information, contents, Service, or Items provided by us, express or implied, including, without limitation, the warranties of integrity, accuracy, applicability, availability, safety and certainty.
9.3 We do not have an obligation to fix the bug of the App or develop the App. We may, in our sole discretion, provide the updates or new version of the App. The updated App and new version of the App are considered to be the App under the EULA and the terms of this EULA will apply to it.
9.4 We shall not make any warranties with respect to any goods or services of third parties provided in connection with the use of the Services.
10. LIABILITY
10.1 We are not liable for any of your damages arising out of or in connection with the App and Service. Especially, we are not liable for:
・any damages caused to third parties arising out of or in connection with your use of the App or Service. You have sole responsibility for such damages.
・any losses or damages arising out of or in connection with interruption of the Service because of any defect, error or failure of the Service.
・any losses or damages arising out of or in connection with unavailability of the Service attributable to you, including, but not limited to, (i) any changes or alterations of, or additions of any technical features to your Devices (including hardware and software) made by you, (ii) loss or forgetting of any registered information of you by, for example, deletion of the App or loss, theft, failure of the Devices. In these cases, we will not take any measures to make the Service available for you again.
・any losses or damages caused to you as a result of your breach of any of the terms of this EULA or additional terms.
・any products or services of third parties, which is used with the App or Service.
10.2 Notwithstanding a preceding paragraph, if above exclusion of liability is prohibited by applicable law, we are responsible only for ordinary and directly losses or damages you suffer and are not liable for any losses or damages arising out of or in connection with any extraordinary circumstances (regardless of whether such losses or damages are foreseen or foreseeable), and/or any special, indirect, incidental and/or consequential damages of any kind.
10.3 Notwithstanding the clause 10.1 and 10.2, we do not exclude or limit in any way our liability to you where it would be unlawful to do so under the applicable laws.
11. Age Restriction
11.1 You must be 13 or over to use the App and Services.
11.2 If you are a minor in your jurisdiction:
・your legal representative's (e.g., a person with parental authority) consent is required to accept these terms of the EULA and use the App and Services; and
・you can purchase a paid Service or Items only within the maximum limit that we set separately.
11.3 To the extent permitted by applicable law, you cannot cancel your juridical act (e.g., purchase of Service or Items) if you pretend that you obtain consent from your legal representatives or you are a majority.
11.4 To the extent permitted by applicable law, by using the Service after you become a major, you shall confirm all your juridical act that was conducted when you were a minor.
12. Third-Party Websites
12.1 The App or any Service may contain links to other independent websites that are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies.
12.2 You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
13. termination by user
13.1 You may, in your sole discretion, withdraw from the Service by uninstalling the App from your Device.
13.2 You agree that all Items that you have are lapsed at the time of withdrawal from the Service.
13.3 We shall have no obligation to retain your personal data and other data after your withdrawal.
14. TERMINATION BY Colopl
14.1 Without prejudice to any of its other rights or remedies under this EULA, we shall have the right to end your rights to use the App and Services immediately upon giving written notice to you if you commit a breach of this EULA.
14.2 Without prejudice to any of its other rights or remedies under this EULA, we may end your rights to use the App and Services when other requirements we show on the App are filled (e.g., when you do not access the App for a certain period of time).
14.3 If we end your rights to use the App and Services:
・You must stop all activities authorised by these terms, including your use of the App and any Services.
・You must delete or remove the App from all Devices in your possession.
・We may cease providing you with access to the Services and any of our other services. We may retain your personal data to the extent necessary for this purpose.
14.4 Clause 13.2 and 13.3 shall apply to the case of termination by Colopl under this clause 14.
15. Privacy
15.1 The information relating to our processing of your personal data is provided in PRIVACY POLICY and it is important that you read that information.
15.2 We shall maintain a secrecy of communication regarding the in-app chat between you and other users if the App has direct communication between the users. Provided, however, that we may access or delete the information under a secrecy of communication to the extent permitted by applicable law.
16. Additional terms
For paid Services, we will use third-party payment companies (including, but not limited to, Amazon Services International, Inc.; Apple Inc.; Google LLC.) who have their own terms of use and privacy policies ("Additional Terms"). To use such Services, you shall agree and comply with the Additional Terms.
The ways in which you can use the App may also be controlled by rules and policies of Apple Store or Play Store.
17. Contact Details
If you have any queries or complaints, or wish to contact us for any other reason, please contact us via the App.
18. Changes to the EULA
We may change these terms time to time. We will give you a reasonable prior notice of any change by posting new EULA within the Service, or obtain consent from you if it is required by law. If you do not accept the notified changes, you will not be permitted to continue to use the App and are required to delete the App from your Device. By continuing to use the App after the effective date of the new EULA, you agree to the terms of it.
19. GENERAL
19.1 Except as expressly set out in this EULA, it is not intended that any third party may enforce the benefit conferred on it under this EULA. User and Colopl reserve the right to rescind or vary this EULA without the consent of such third parties.
19.2 You shall not transfer your rights or your obligations under these terms to another person.
19.3 If any provision or part-provision of this EULA is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this EULA.
19.4 The rights, powers and remedies provided in this EULA are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law or otherwise.
19.5 If we delay or fail to exercise any right or remedy under this EULA, we will not have waived that right or remedy.
19.6 This EULA contains all the terms agreed between the Parties regarding the subject matter and supersedes and replaces any prior agreement, understanding or arrangement between the Parties, whether oral or in writing. Without prejudice to the foregoing, the only remedy available to a Party in respect of a breach of any representation, which is incorporated into this EULA, shall be for breach of contract.
19.7 This EULA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Japanese law. Each Party irrevocably agrees that the Tokyo District Court shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this EULA or its subject matter or formation. Notwithstanding the above, Colopl has the right to instigate proceedings for equitable relief in any court of competent jurisdiction.