This EULA will be applied to ALL contents for this Service.
By using the Application you are agreeing to be bound by the terms and conditions of this EULA.
Any third parties that use your registered account for this Application will also be applied to agreeing to be bound by the terms and conditions of this EULA.
Your usage for this Service may be terminated from violating these terms and NO REFUNDS will be made for any purchases you have made.
You agree that if you are under the age of legal majority in using payment settlements for Service or In-App contents that are available only by purchasing, you represent that your parent or legal guardian has read, understood, and agreed to these Terms.
This EULA will be applied to related websites or Application that send or display notices, terms, or rules about this Service.
1. SERVICE REGISTRATION
1.2. Failure to comply with the restrictions and limitations listed below and elsewhere in this EULA shall result in immediate (without notice), automatic termination of the license granted. Registration cancellations, invalidations, or expirations are not limited to the following.
a. You may not provide ASOBIMO with false information during the registration process.
b. You may not re-register an account while being suspended due to violating the EULA.
c. Other than a and b, registration cancellations, invalidation, or expiration may be applied if evaluated as necessary by ASOBIMO due to recognition of a major fault.
1.3. ASOBIMO is not liable for any damages or losses caused by third parties' illegal usage of Members registered information except in case of intent or gross negligence.
1.4 Minors must obtain the consent of a parent or guardian before agreeing to these terms and registering as a member.
1.7 A Google account will be required to use this service. Additionally, the Google account has to be active to continue using this service.
In any case, you must be at least 13 years old to use this Service.
2.2. The price of the information fee for this service is shown in the purchase screen for each market.
2.3. Service can be unavailable during server maintenance or due to data connection conditions.
2.4. Download and gameplay for Application will require communication fees of the transmission method you use.
2.5. Due to the application of laws and regulations and other reasons, if ASOBIMO takes responsibility to customers as a result of negligence (not including intentional or gross negligence occasions), the limit of the amount of compensation for damage will be the total amount of information fee that was bought of our products for the latest month.
2.6. You agree that if you are under the age of legal majority in using payment settlements for Services or In-App contents that are available only by purchasing, you represent that your parent or legal guardian has read, understood, and agreed to these Terms. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors. NO REFUNDS will be made for purchases above, including those made by children in your care.
2.7. ASOBIMO is not liable for any damages or losses of Items or In-game Currencies due to Members failure in transferring data.
2.8. If a Member's account receives a Restriction of Use, the rights to the Items purchased in our Service will be lost.
Article 2.1 (Orbs)
2.1.2. There are "Unpaid Orbs" that are provided free of charge to Members, and "Paid Orbs" which Members can charge into their account by purchasing according to the prices listed.
2.1.3. Members can charge Paid Orbs to their account by purchasing according to the prices listed.
2.1.4. Members can acquire individual contents by consuming the required Orbs. When the amount of Orbs selected by the Member is within the amount of his/her owned Orbs, the Orbs will be deducted from the Member's account and the balance will be updated. Members cannot cancel the consumed Orbs or have refunds to the acquired individual contents, excluding cases provided by law or by the Company.
2.1.5. Members possessing both the Paid and Unpaid Orbs, the Unpaid Orbs will be consumed before the Paid Orbs. Each Orb will be consumed in the order from the oldest time and date acquired.
2.1.6. Orbs are to be only for the owned Account, and you cannot give, lend, sell, change names of the Orbs to another Account. Even if you own multiple Accounts, you cannot combine the Orbs from other Accounts.
2.1.7. Members can check their Orb balance, purchase history, and usage history at any time from the history page delivered from the Company. The Company will only update the history page and make no other notifications excluding cases provided in our policy.
2.1.8. Orbs is a service incidental to the Member Account, and it is not possible to cancel only the Orb service.
2.1.9. There is no expiration date for Orbs, however, Paid Orbs will be changed automatically into in-game contents (such as items) which the Company will specify according to the balance of the Paid Orbs upon reaching 180 days from the date they were acquired.Please use Free Orbs within 180 days from the date of obtaining or Paid Orbs within 180 days from the date of charging to acquire the desired item(s).
3. TERMINATION OF ACCOUNT
3.2. If there is no activity such as payment for information charges, content purchases, or not logging in to the game in your Account for 180 days or more, you understand and agree that the Company may delete any Character Data or Registered Information to which you had access and no longer be available to you, and you will have no right to them.
4. TERMINATION OF SERVICE
a. Violating or threatening to violate this EULA.
b. Information provided by Member is false.
c. Member declares or is declared bankrupt or put under court protection.
d. When payment service providers in use of our Service fail or cancel payments.
e. Any other content evaluated necessary by the Company for Restriction of Use.
f. When Members fail to manage mobile ID, password, or device causing any losses or damage to Service, or illegal use due to third parties is found.
g. Any other content evaluated necessary by the Company as interfering with our operations.
4.2. A Member who has more than one registered account will lose all access to Member accounts for our Service when one of the Member's accounts is terminated.
5.2. The Company is not obliged to reply to all inquires sent from Members about our Service.
5.3. Members will only be supported from email support when sending inquires about our Service.
6. LICENSE TERMINATION
In the case above, the Company may apply termination to all our Services.
6.2. If Member is applied to violation of "Restriction of Use" and "Termination of Service", and is evaluated as interfering with our operations, the Company may terminate your license for our Service without notice.
In the case above, the Company may apply termination of your license to all our Services.
6.3. The Company is not liable for any damages or losses caused by service abort or termination.
7. INTELLECTUAL PROPERTY OWNERSHIP
7.2. Members may use the Contents from our Service only in the device that has downloaded the Application. Members are not permitted to distribute, copy, reproduce, modify, transfer, or reverse engineer any or all of the Application.
7.3. Members may not infringe any of ASOBIMO's or any third party's rights or take any actions related to infringement.
7.4. Members may not use the Contents beyond any personal use so that will violate copyright laws.
7.5. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, caused by your violation of this EULA.
You may not transfer or sub-license any Trademarks to third parties and shall not register Trademarks for any unregistered Trademarks.
Members shall not prosecute registration proceedings in patents, model utility rights, design rights, or copyrights (includes rights to receive patents, model utility rights, design rights) and submit a rights registration or transfer registration for any copyrights (program rights, document rights, routines, or modules rights).
9. PERSONAL INFORMATION
10.2. The Company may change or delete all text or image information sent to multiple third parties for this Service without notice.
10.3. The Company will not transfer any player data to other player's data for any reason.
10.4. Members may not license, sell, or convert their player data into real currencies for commercial purposes to receive any financial benefits.
11. NO TRANSFERS OF RIGHTS
12. USER RESPONSIBILITY
12.2. The Company does not guarantee a permanent or unlimited access to data and information (including virtual currency and items) serviced within the Application.
12.3. The Company is not liable for damages or loss (including, without limitation, loss of data, software malfunction, modification, termination, or network connectivity issues) of information, virtual currency, and virtual items provided by Application.
13.2. The Company shall charge the Member for any damage or loss incurring to the Company upon resolving any disputes that may arise between you and other Users.
13.3. The Company may charge the Member for any damage or loss incurring to the Company upon any infringement of our rights and profits.
14. RESTRICTION OF USE
14.1. About Service
a. Deliberate use of defects in the service, alteration of parameters, manipulation of programs, disassembly, or any other methods of analysis
b. Exploit and use program defects or malfunctions for fraudulent purposes, or incite other users to use the defects or malfunctions
c. Unauthorized access or other acts such as falsifying or deleting information posted on this site or even attempting to do so
d. Acts that interfere with the operation of this service or the network system
e. Acts that disrupt service, intercept communications, intrude server, or steal information
f. Posting or sending any malicious programs such as viruses
g. Use of devices, equipment, or tools that automate your gameplay character
h. Intentionally shutting off power or forcefully closing while playing the game online
i. Posting or sending compressed URLs, shortened URLs, or transfer URLs that lead others to access or post unintentionally.
j. Posting or sending any links or URLs to sites not authorized by the Service
k. Multiple members using the same device, mobile ID, or passwords
l. Soliciting Members that have been terminated in the past due to violations
m. Modifying headers to hide or disguise the source of the content sent by ASOBIMO
14.2. About Communications and Personal Information
a. Disclosing personal information such as name, address, photo, etc. of ASOBIMO or third parties
b. Invade, violate, or defame the privacy and reputation of ASOBIMO or third parties
c. Unjust slander, insult, harassment, or other acts that cause economic or mental damage to third parties
d. Express or encourage acts that lead to discrimination based on ethnicity, race, gender, age, etc.
e. Falsely using the service inaccurately by impersonating or misrepresenting other users
f. Impersonate or misrepresent third party entities including companies and organizations
g. Impersonate or misrepresent an ASOBIMO support personnel or employee
h. Acts such as notifying that a third party is harmed for the purpose of fear
i. Use the service for the purpose of dating
j. Invitation or solicitation for the purpose of actually meeting in things like offline meetings and etc.
k. Posting or sending personal information such as phone number, email address, ID or Passwords of other sites, etc.
l. The Following Acts of Spamming
①Spamming Messages (One or more members posting or sending similar or identical messages in places where it is applicable in the Service)
②Spamming Words (One or more members posting or sending multiple words that are unrelated or irrelevant, or repetitive long or meaningless messages in places where it is applicable in the Service
③Other acts that ASOBIMO determines to be spamming
m. Buy, sell, exchange, advertise, promote, or chat about contents that the service provides (virtual currency, item, etc.) with other things (RMT or different variety of trades), as well as similar acts that are equivalent.
n. Transmit or transfer personal information of the member to third parties
o. Collect or accumulate personal information of other users
14.3. Public order, morals, religion, politics, and commercial activities
a. Posting or sending any revealing or sexually explicit content, images, or links including child pornography, prostitution, or child abuse
b. Acts related or that will lead to any illegal acts such as fraud, illegal drugs, prostitution, or illegally selling devices
c. Creating, contracting, intermediating, or soliciting any criminal activities
d. Transmit any violent footage or content that includes murder, injuries, dead bodies, or any other violent actions
e. Express or encourage self or group suicide, illegal drugs, or other obscenities
f. Promote association with government or religious organizations
g. Perform electoral campaigns or related activities that violate public office election laws
h. Promote or advertise unauthorized products, applications, or links within the service
i. Sell, trade, lend any products or rights unauthorized by ASOBIMO or any related acts
a. Infringe on any copyright, trademark, or other intellectual property rights of ASOBIMO and third parties
b. Perform, contribute, encourage, or force any activities that violate local, state, federal, or international laws or regulations or third parties
c. Perform in any acts considered restricted by ASOBIMO
a. When the Service requires an emergency maintenance for hardware, software, or network upgrade.
b. When a natural disaster etc. causes difficulties to operate the Service.
c. When fire, electric outages, or other contingencies cause difficulties to operate the Service.
d. When there is a war, riot, or dispute that causes difficulties to operate the Service.
e. In other cases that the Company deems necessary.
15.2. In relation to the use of this Service, the Company will compensate for damages caused by the Company's willful or serious negligence up to the Service usage fee received from the Member and limited to direct damage. (I.e. lost profits, consequential damages and other indirect damages are not covered by any compensation)
If you have not agreed to this EULA, the Company will not be liable for any damages or loss caused by the Service.
15.3. You must agree to indemnify, defend and hold the Company harmless from any claim, liability, damages, loss or expense of reasonable legal and accounting fees arising from the use of Application. the Company is not liable for any damages or losses caused by you or your engagement with others through the use of Application, and will be your sole responsibility.
15.4. Application may be disconnected from services due to network connectivity. the Company is not liable for any damages or loss of Member's personal data caused through the use of Application unless major fault is recognized.
15.5. The Company's liability, if held responsible due to mandatory provision or court decision for the damages or losses to Member, will not exceed the actual price paid by the Member for use of the Service.
15.6. Members shall, at their own discretion, try to avoid excessive use of the Service that may disrupt their healthy living environment. The Company is not liable for any social, mental, or physical damages or losses caused from inappropriate usage.
15.7. The Member is responsible for all actions and results on the Service by the Member's device or mobile, regardless of whether or not they have performed the action themselves.
15.8. The Member shall be responsible for all actions and results when using the Service. If the Member causes damage to the Company or a third party by the use of this Service, it shall be resolved at the Member's own responsibility and expense.
15.9. The Member shall be responsible for any losses due to inaccurate information registered by the Member.
5.10. The Member shall be responsible for all fees occurring (phone fees, communication fees, service fees) to Member.
15.11. The Company makes no warranty that the Application will work properly. These include, any viruses or other disabling features that affect the Member's access or use of the game, any incompatibility between the game, and other services, and any delays or failures the Members may experience.
15.12. The Company is not responsible for any losses or damages to Members or third parties (includes other applications, data, and hardware) due to use of Service.
15.13. If the Member has caused or is likely to cause damage to the Company regarding the use of the Service, the Company can request the Member to stop the violations and to compensate for the damages incurred.
15.14. The Company may have access to information transmitted from Members to protect the Service from violations.
15.15. Members shall be responsible for resolving any and all disputes that may arise between him/her and other Users in connection with the game, and for paying all expenses incurred by the Member in connection with resolving such dispute. The Company shall not be responsible for mediating or resolving any such disputes and shall have no liability to the Members or to any third party for any costs, fees, expenses, damages, attorneys' fees, or other losses incurred in connection with or as a result of any such disputes. The Company shall charge the Member for the attorneys' fees if such disputes are required to be resolved.
15.16. The Company shall share information of a Member in all services (including this Service) operated by the Company when the Company determines that a Member has violated "Restrictions of Use" or when the Company determines necessary. The Company shall not be liable for any damages (including indirect damages) caused by the violation within the Service.
15.17. The Members shall be responsible for any results on actions following this EULA, except in the case of the Company's intentional or serious negligence.
2. Notice will come to effect when shown in our Service websites or Application.
3. Members shall follow the notice or else be applied to "Restrictions of Use".
4. Members shall periodically check the contents of the above notices,
and will be deemed to have confirmed the contents of the notices after they have come to effect by using this Service.
17. TROUBLE BETWEEN USERS
18. CONSULTATION AND JURISDICTION
Company will consult and negotiate with good faith, however, you must agree that any claims or dispute against Company will be resolved by the jurisdiction of Tokyo District Court located in Tokyo, Japan.
19. UPDATES TO THE AGREEMENT
2. Your continued use of the Application will mean that you acknowledge the recent terms and conditions of this EULA.
1. Covered copyrighted contents
Contents include materials provided from the Company (including screenshot functions), and materials provided from the official website (http://fantasyearthgenesis.jp/), such as wallpapers and Twitter icons, and materials included in this service, such as videos, audios, music, promotional videos, and screenshots.
Copyrighted contents including music etc., that the Company do not hold will not be included.
Please note that the usage of some of the copyrighted content may be suspended.
2. Prohibition of Commercial Use
Use of the subject work must be for non-profit and non-commercial purposes. Even for non-profitable and non-commercial purpose, we prohibit using music data, which may also lead to commercial profits.
Please follow as below when using copyrighted contents.
1. Please use the subject work without modification or adaptation. However, screenshots and edited videos etc., can be used.
2. Please clarify the copyright holder's name, and prohibition of reuse, at a place easy to notice.
「© SQUARE ENIX CO., LTD. All Rights Reserved.
Reproduction or distribution of the work is prohibited.」
3. Please clarify that the work created by the user and was not created with the cooperation or request from the Company.
Title name of the Service and the Company name may be used for the work for the purpose of notifying that the work created by the user related to the Service. However, using the logo is prohibited.
4. Use in Youtube etc.
Even for commercial or profitable purposes, it is only possible to upload videos on YouTube and other video sharing sites (only applicable to sites signed a music license agreement with a music copyright management organization).
The following usage is prohibited when using the subject work.
1.Overlaying materials other than this service on this service (synchronization)
2.Acts that modify the copyrighted content or work exceeding criterias of Article 3
3.Uses the image that may harm the subject work
4.Usage that relates with criminal or similar activity
5.Usage that goes against public order and morals, such as obscenity, cruelty, and other expressions that may give discomfort to third parties
6. Racial, ethnic, religious, sexual orientation, or gender etc. discrimination remarks, and other remarks that insults or slanders others, damages the trust of others, or harassment (attacking specific persons or groups, or actions remarks the Company judge as wrong etc.), other slandering or attacking towards specific individual and/or group
7.Actions that exceeds the range of usage for the software provided from the Company, such as modification, replication, and reverse engineering
8.Actions that may identify individual or personal information uploaded
9.Actions that purposes for commercial, profits, and propagation
10.Actions that may cause immoral influences or antisocial behavior to the surroundings
11.Actions that are detrimental to the Company
12.Actions that may interfere this service's operation, and third party's game play
13.Actions that may lead transactions with monetal items from virtual currencies such as selling items and accounts or RMT (Real Money Trade)
14.Using with personal rules and interferes with other players
15.Other actions that the Company determines unacceptable
The Company makes no guarantees regarding the subject work, including that it does not infringe on the rights of third parties. The Company will not compensate for any damage caused as a result of using the subject work.
* Google Account, Google Play Store, Google Play and logos are trademarks or registered trademarks of Google Inc.
* "Wi-Fi" is a registered trademark of Wi-Fi Alliance.
* All other listed companies, items, and services are trademarks of their respective owners.
Issued: June 11, 2018
Revised: October 16, 2018
Revised: November 29, 2019