THE TOMORROW CHILDREN: PHOENIX EDITION END USER LICENCE AGREEMENT

In order to safeguard The Tomorrow Children : Phoenix Edition (hereinafter referred to as “The Game”) and the members of our community, Q-Games, Ltd. (hereinafter referred to as “Q-Games”) has set forth the terms of this End User License Agreement (hereinafter referred to as “EULA”) to set forth some rules for downloading and using our game.

This EULA is a legally binding agreement between you and Q-Games and sets forth the terms and conditions under which you may use The Game. If you are a minor and have difficulty understanding the terms of this EULA, you should seek help from a parent, guardian or other responsible adult.

If you are deemed to have violated the terms of this EULA, Q-Games may terminate your use of The Game. Q-Games may also seek assistance from our legal counsel if Q-Games believe it is necessary.

If you wish to use or play The Game, you agree to abide by the terms set forth in this EULA.
If you do not wish to or cannot agree to the terms of this EULA, you may not use or play The Game.

Your use of the multiplayer features of The Game is subject to the terms, conditions, and other requirements for use of the platform (PlayStation Network) separate from this EULA.

Most important rule

The most important rule is that you may not distribute copyrighted material that belongs to Q-Games unless Q-Games has explicitly agreed to it. “Distributing copyrighted material that belongs to Q-Games” means any of the following actions:

  • Provide copies of The Game to others.
  • Use of Q-Games copyrighted material for commercial purposes.
  • Attempting to make a profit from Q-Games copyrighted material.
  • Allow others to access Q-Games copyrighted materials in an unauthorized or improper manner.

However, this excludes cases where Q-Games has explicitly consented to such conduct.
These rules apply to updates, patches, downloadable content, add-ons, or modified versions of The Game, any part thereof, or any other copyrighted material that belongs to Q-Games.

Use of The Game

You are granted a license to The Game under this EULA so that you may play and use The Game on your own device.

The license and permission Q-Games grants you to use and play The Game may be revoked if you violate any of the terms of this EULA.

With your purchase of The Game, Q-Games grants you a license to install, use and play The Game on your own device(s) in accordance with the terms of this EULA. This license is for your personal use only, and you may not distribute The Game (or any part of it) to others. This also means that you may not sell or rent The Game or make it accessible to others, nor may you transfer or resell the license key. This is important to help us prevent piracy and fraud and to protect The Game. It is also important to prevent members of our community from purchasing pirated versions of The Game or unauthorized license keys. In the event of fraud, Q-Games may revoke such license keys.

Compliance Matters

You shall not engage in any of the following activities when playing The Game:

  • Using The Game under an agreement with another person to wager money or other things of value.
  • Harassing, hacking, obstructing, interfering with, adversely affecting, altering, or otherwise depriving other users of the use and enjoyment of The Game.
  • Using The Game in a way that Q-Games did not intend, by taking advantage of a feature of The Game or a malfunction of The Game.
  • Using The Game to create, upload or post material that is intentionally false, defamatory, inaccurate, demeaning, vulgar, obscene, profane, profane, offensive, harassing, sexual, threatening, invasive of another’s privacy, or in violation of law.
  •  Post, upload, or transmit any information or software that modifies or tampers with The Game in any way, or that contains viruses, worms, cancelbots, Trojan horses or other harmful, destructive or malicious components.
  • Unauthorized use or exploitation of unauthorized robots, spiders or other programs in The Game.
  • Impersonate any other person or entity in connection with the use of The Game.
  •  Other activities that are deemed inappropriate by Q-Games or third parties that provide the platforms used by Q-Games.

Q-Games or a third party that provides the platform used by Q-Games may, at its discretion, issue a warning to the customer, delete recorded data, or temporarily or permanently suspend the customer from using The Game if the customer engages in any of the acts prohibited in this section.

Use of our copyrighted materials for purposes other than game play

Q-Games grants you a limited right to use The Game, other than to use and play The Game, in connection with the following acts of use.

If you wish to create something related to The Game or copyrighted material that belongs to Q-Games, please make sure that it cannot be construed as an official release from Q-Games and that you comply with this EULA and above all do not use copyrighted material that belongs to Q-Games for commercial purposes.

You are free to do whatever you wish with game screenshots and videos, within a reasonable scope. Here “reasonable scope” means that the use is not for commercial purposes, or is not an act that is unlawful or otherwise harmful to the rights hold by Q-Games.
For example, videos that are posted as they are imported, reproductions of videos posted by others, or videos that are used primarily for the purpose of viewing clip art, movies, music, etc. used in our copyrighted materials are not considered within a reasonable scope.
However, if you upload videos of games to video-sharing and streaming sites, you may place advertisements on such videos.

An important principle regarding the use of copyrighted material that belongs to Q-Games is that you may not use copyrighted material that belongs to Q-Games for commercial purposes unless Q-Games explicitly states that this is not a problem. It is also acceptable if said use is expressly permitted by law, such as when use is permitted under copyright law, but only to the extent provided for in the law as it applies to you.

The Game and Other Rights

Q-Games license you permission to install and play The Game on your device, but Q-Games remain the rights holder of The Game. Q-Games is also the rights holder of the branding and the content contained in The Game. Therefore, when you pay for The Game, you are not purchasing The Game per se, but rather a license to play or use The Game in accordance with this EULA. The permissions granted to you in connection with The Game and your installation of The Game are limited to the permissions set forth in this EULA.

User Content

When you provide content on or through The Game, you agree to grant Q-Games permission to use, reproduce, adapt, modify, transmit, distribute, publish, or otherwise exploit such content (hereinafter referred to as “User Content”), and you agree not to exercise your moral rights with respect to the use of the User Content by third parties. This permission is irrevocable, and you also agree that Q-Games may allow other users to use, reproduce, modify, adapt, distribute, and publish User Content. You do not waive your rights to any User Content; you merely grant us and other users permission to use such content. For example, Q-Games may need to reproduce, modify the data format of, and distribute User Content that you post on the Q-Games website so that other users can access it. If you do not wish to grant us such permission, please do not provide any User Content on or through The Game. Please consider carefully before providing any User Content, as it will be publicly available and may be used by other users in ways you do not want or intend.

Content you provide on or through The Game must not be offensive, illegal, or offensive to others or to public morals, and must be your own original creation. Examples of content you may not provide using The Game include: posts that contain racist or homophobic language, posts that bully or troll, posts that are offensive or otherwise damage Q-Games or others’ reputations, posts that contain pornography or any creation or image of others, impersonation of a moderator or attempts to defraud or exploit users. If you discover any of these violations, you may report them to Q-Games using our game features.

Any User Content you provide on The Game must also be your own creation or you must have permission or the legal right to provide it. You may not use The Game to provide User Content that infringes the rights of others, and you agree not to do so.

Q-Games reserves the right to remove any and all User Content at the sole discretion of Q-Games.

Points and items that can be used in-game

The Game allows you to earn points and items that can be used in-game through game play. Points and items available in-game are granted to you by Q-Games as a limited license for use in The Game and are subject to your compliance with this EULA. All points and items available in The Game are not exchangeable for cash, property, or other economic benefits, and may not be transferred, sold, or exchanged with others.

Collection of information

By installing and using The Game, you consent to the information collection and use provisions set forth below and in our Privacy Policy. If you do not consent to your information being used or shared in this manner, please do not use The Game.

When you contact Q-Games, Q-Games collects your personal data. In this case, Q-Games will use your personal data to respond to your inquiry and to improve The Game. If you use the multiplayer features of The Game, by registering for the platform (PlayStation Network), you acknowledge that the platform collects and may store your personal data and data from playing and/or using The Game. In this case, Q-Games will obtain statistical and other data through the platform, but not your personal data.

Please refer to the privacy policy set forth by the platform (PlayStation Network) regarding the collection of data.

Our Privacy Policy (https://www.q-games.com/en/privacy-policy/) , as amended from time to time, governs the handling of all personal data, including the collection, use, disclosure and transfer of your personal data and other information, and supersedes this section. This section supersedes all other provisions of this Privacy Policy.

If you have any questions, comments, or requests regarding the data collected by Q-Games, please contact us at https://www.q-games.com/en/contact/

Updates

Q-Games may provide upgrades, updates, or patches (hereinafter referred to collectively as “Updates”) from time to time, but such provision is at the discretion of Q-Games and without obligation. Q-Games is also under no obligation to provide ongoing support or maintenance for The Game. Q-Games hopes, of course, to be able to continue to release new Updates for The Game, but Q-Games cannot guarantee that Q-Games will do so.

Liability

The terms of this EULA do not affect any legal (statutory) rights you may have under applicable law regarding The Game. You may have certain rights that cannot be excluded under applicable law. Nothing in this section affects those legal rights, even if they appear to conflict with your legal rights. Whenever Q-Games refers to in accordance with applicable law, Q-Games means it in this sense.

If you obtain a copy of The Game in accordance with applicable law, Q-Games will provide such copy on an AS IS basis. Updates are also provided on an AS IS basis. This means that Q-Games makes no promises to you regarding the standard or quality of The Game or that The Game will be uninterrupted or error-free. Q-Games is not responsible for any loss or damage that may be caused by The Game. You assume the entire risk as to the quality and performance of The Game.

Governing Law and Dispute Resolution

Notwithstanding any conflict of law provisions to the contrary, the interpretation of this EULA and any claim for breach thereof shall be governed by the laws of Japan. All other claims and disputes, including consumer protection, unfair competition, and tort claims, and disputes relating to The Game or our web site, will be governed by the laws of your country without regard to conflict of laws principles.

For customers residing in Japan, you and Q-Games agree that the Kyoto District Court shall have exclusive jurisdiction over all disputes arising out of or relating to this EULA or The Game, and this agreement is irrevocable.

Please note that if (and only if) you are using or accessing The Game from the European Union, the Agreement on Exclusive Jurisdiction does not apply. Also, if (and only if) you are using or accessing The Game from the United States , the arbitration provisions at the end of this EULA will apply.

Release

Q-Games may terminate this EULA, if necessary, if you breach any of the provisions set forth in this EULA. You may terminate this EULA at any time by simply uninstalling The Game from your device. Q-Games may also terminate this EULA upon termination of service of the platform used to provide The Game or for any other reason.

Upon termination or expiration of this EULA, you lose all rights to The Game granted under this license. You will, of course, continue to have rights to anything you create using The Game. The sections entitled The Game and Other Rights, Liability, Governing Law and Dispute Resolution, General Terms, and Arbitration will continue to apply after the termination or expiration of this EULA.

General Terms

Your local laws may give you rights that cannot be modified by this EULA. In that case, this EULA will apply to the extent permitted by such law. Nothing in this license limits our liability for death or personal injury resulting from our negligence or misrepresentation.

Q-Games may change this EULA at any time if Q-Games has reason to do so, such as if there is a change in The Game, initiatives, or legal obligations. If Q-Games makes any changes to this EULA, Q-Games will notify you of such changes at least 30 days in advance at https://www.q-games.com. Your continued use of The Game constitutes your agreement to all such changes to this EULA.

If you provide us with a suggestion for either the Q-Games website or The Game, the suggestion shall be made without charge, and Q-Games are under no obligation to accept or consider such suggestion. In other words, Q-Games may use or not use your suggestions in any way Q-Games wish, and Q-Games will not pay you for such suggestions. If you have a proposal that Q-Games believe Q-Games are prepared to pay you for, please do not submit your proposal until you have first notified us that you expect to receive compensation and Q-Games have asked you in writing to submit such proposal.

Arbitration

The provisions of this paragraph apply only if you are using or accessing The Game from the United States.

Most of your concerns can be resolved by using our support site at https://www.q-games.com/en/contact/ . If Q-Games is unable to resolve your concerns and there are unresolved disputes between you and us, please refer to this section. It explains how to resolve disputes that both parties agree upon.

a. Scope of Arbitration Obligation
You and Q-Games agree to resolve all disputes and claims arising between the parties in binding, individual arbitration. This provision shall include and apply to any claim brought on behalf of the other party, whether the claim is based on contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal theory.

However, this paragraph does not apply to the following types of claims or disputes. You or Q-Games may bring such claims or disputes before a court of competent jurisdiction. However, this Section does not apply to the following types of claims or disputes that you or Q-Games may bring in a court of competent jurisdiction: (i) claims relating to intellectual property infringement, misappropriation, etc. (including claims for injunctive relief); and (ii) claims relating to or arising from alleged misappropriation, privacy, or theft.

If any federal, state, or local government agency seeks relief from Q-Games on your behalf under any provision of law, you may bring a dispute before such agency without regard to the provisions of this section.

Arbitration is not conducted before a judge or jury, but before a single neutral arbitrator. Formality is less important in arbitration than in court proceedings. The scope of discovery in arbitration is more limited than in court proceedings. Different rules apply to arbitration than to court proceedings, and court review is very limited in scope. The arbitrator will issue a written award and, if requested by either party, will provide a statement of reasons for the award. You and Q-Games waive, and you agree to waive, any right to bring an action in court and to have a trial before a judge or jury.

b. First attempt to resolve disputes in an informal manner
You and Q-Games agree to make reasonable and good faith efforts to resolve any dispute informally before initiating arbitration. A party seeking arbitration shall send a written notice to the other party setting forth the nature of the claim or dispute, its basis, and the relief sought. If you and Q-Games are unable to agree on a resolution of the claim or dispute within thirty (30) days of receipt of this notice, you or Q-Games may commence arbitration. Written notice to us must be mailed to Attention: Notice of Arbitration, Yoshichu Bldg. 5F, 525 Wataya-cho, Takakura Nishiiru, Oike, Nakagyo-ku, Kyoto City, Kyoto Prefecture

c. Arbitration Rules and Fees
To the fullest extent permitted by the laws of your country, the U.S. Federal Arbitration Act governs this section. The arbitration will be conducted in accordance with the Consumer Arbitration Rules (or, if the Consumer Arbitration Rules do not apply, the Commercial Arbitration Rules) of the American Arbitration Association (AAA) to which the agreement under this EULA applies. These rules are available at http://www.adr.org. The arbitrator is bound by the provisions of this EULA.

The arbitration will be conducted by the AAA. The arbitration may be conducted either on the basis of documents submitted, by telephone, or in person in the country where you are located or at another mutually agreed upon location.

If your claim is for $10,000 or less, Q-Games agrees to promptly reimburse you for your share of AAA’s arbitration costs, including your arbitration filing fee and the arbitrator’s fee. Q-Games will not reimburse you for the costs of the arbitration, unless the arbitrator determines that your claim is baseless or that your claim was filed for the purpose of creating a nuisance. Q-Games agrees that Q-Games will not charge you attorneys’ fees or costs unless the arbitrator determines that your claim is baseless or that your claim is filed for the purpose of vexatious conduct. If your claim exceeds $10,000 and the AAA’s Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator’s fees, shall be shared between you and Q-Games in accordance with the AAA’s Commercial Arbitration Rules.

d. Limitation to binding individual arbitration
You and Q-Games agree not to bring or participate in any class action, representative action, citizen representative action, whistleblower action, or class, collective, or representative arbitration, even if the AAA rules permit. The arbitrator may award injunctive relief only in favor of the individual party seeking arbitration and only to the extent of that party’s individual claim. You and Q-Games further agree that no claim for joinder of any action or arbitration with any other action or arbitration may be made unless all parties to this EULA and all parties to the other action or arbitration consent thereto.

e. In the event that any part of this section is found to be illegal or unenforceable
If any provision of this section is found to be illegal or unenforceable, the remaining provisions (together with any arbitration award rendered prior to the institution of court proceedings) shall remain in effect. However, if partial illegality or unenforceability makes class, collective, or representative arbitration possible, all provisions of this section shall be deemed unenforceable and the claim or dispute shall be resolved in court.