Phantom of the Kill -Alternative Imitation-

Terms of Service for Phantom of the Kill -Alternative Imitation-

These terms of service (these “TOS”) set forth the terms and conditions that apply when customers (each, a “User”) use this service offered by gC Games Inc. (the “Company”; that service, the “Service”).

Section 1 Terms of Service

By using the Service (including, but not limited to, purchase and use of the In-Game Currency (as defined in Section 6, paragraph 1; the same applies below)), each User agrees to be bound by all terms and conditions set forth in these TOS. The Service is provided via a smartphone application or an application installed on a personal computer, and it may also be provided in other formats. Each User’s consent to these TOS in any of these provision formats for the Service is valid when the User uses the Service through any other provision format.

Section 2 Use by Minors

If a minor uses the Service, the consent of his or her parent or legal guardian is required for any and all conduct (including giving consent to these TOS) related to use of the Service, including the purchase of items for a fee, transactions requiring the payment of a fee, and any other services provided for a fee (collectively, “Paid Services”).
The Company might set a maximum monthly monetary use amount for minors using the Service. In this case, the minor may purchase Paid Services only within this limit. If a User who was a minor uses the Service after reaching the age of adulthood, the User will be deemed to have affirmed all conduct associated with the use of the Service while that user was a minor.

Section 3 Account Registration

The Company issues a unique user account to each User (an “Account”). The User must use the Service through his or her own Account.
The Company might require a User to conduct procedures for registering as a User (“Account Registration”). When conducting Account Registration, a User must accurately provide a user name and other information required by the Company, and if there is a change in the information for the User’s Account, the User must promptly follow the procedure for making changes using the method specified by the Company.
In a case where a User changes the device used due to a device model change or some other reason, if he or she wishes to continue using the same Account on the new device (“Migration”), then the User must follow the procedure prescribed by the Company. The Company will determine the extent to which Migration of an Account is possible.
If the Company reasonably determines it is possible that a User is a citizen or resident of (a) a country or region where it is interpreted that use of the Service is restricted or prohibited by applicable laws, regulations, or the like, or the In-Game Currency used within the Service are subject to securities regulations or (b) a country or region where such an interpretation is likely (including, but not limited to, the United States of America, China, Afghanistan, Myanmar, Syria, Yemen, North Korea, and Iran; “High-Risk Countries”), then the Company may refuse to issue an Account to that User. Further, the Company may, for the purpose of making that determination, require a User to provide information regarding the User’s nationality, place of residence, permanent residency status, and other similar information.
Each User who is a citizen or resident of a High-Risk Country may not use the Service. Each User who becomes aware that he or she is, or may be, a citizen or resident of a High-Risk Country must immediately cease use of the Service.

Section 4 Control of Accounts, Etc.

Each User must not allow a third party to use the User’s device, Account, or password (collectively, “Account, Etc.”) and must not share the User’s Account, Etc. with a third party. The Company does not control any User’s device.
In using the Service, each User will be liable for controlling his or her own Account, Etc. and solely liable for any act committed through use of his or her Account, Etc.
The Company will deem any act committed through use of a User’s Account, Etc. to be an act committed by the User to whom that Account, Etc. pertains, regardless of who actually used the Account, Etc. in that instance.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any damage suffered by a User even in any of the following events or similar events: malfunction or loss of a device used by the User; an attack by a third party using malware, spyware, viruses, or hacking or cracking methods or the like; inadequate control or erroneous use of the User’s Account, Etc.; or use or the like of the User’s Account, Etc. by a third party.
If there is a risk that a User’s Account, Etc. might be improperly used by a third party, the User in question must promptly notify the Company and take necessary measures to avert such improper use.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any harm to a User (including loss of any status attained within the Service (collectively, “Use Data, Etc.”)) that arises as a result of the User losing or forgetting his or her Account, Etc. or information regarding Account, Etc..

Section 5 Paid Services

The Company might provide Paid Services and data provided for a fee (“Paid Data”) to Users through the Service. As a part of Paid Services, the Company may establish fees or other charges for activity among Users. The Company reserves the right to suspend or alter provision of Paid Services and Paid Data at any time at its discretion.
If a User purchases any Paid Service or Paid Data from the Company, the User must pay a fee determined by the Company. If the Company is able to verify that a corresponding payment has been made, the Company will reflect in the User’s Account that the Paid Service in question or Paid Data in question has become usable by the User within the Service.
Each User may purchase and pay the Company for Paid Services and Paid Data solely at the price and using the payment method specified by the Company. If a User has followed the purchase process but the Company is unable to verify that the corresponding payment has been made, the Company might not conduct the handling provided for in the preceding paragraph.
In the event of any payment-related dispute between a User and a third party other than the Company, the User must endeavor to resolve the dispute with that third party, and the Company will not be liable except in cases of willful misconduct or negligence on the part of the Company.
The Company will not issue a refund for any Paid Services or Paid Data purchased by the User except as separately determined by the Company or as required by laws or regulations.
The Company may post terms and conditions for purchasing, paying for, or using Paid Services and Paid Data within the Service or in other locations to which viewers can be directed from the Service. If such terms and conditions are posted, each User must purchase, pay for, and use Paid Services and Paid Data in accordance with such terms and conditions.
Restrictions set forth separately in the Services might apply to the purchase and use of Paid Services or Paid Data by Users who are minors.

Section 6 In-Game Currency

Each User may purchase in-game currency within the Service (the “In-Game Currency”). The Company may change the unit purchase price of the In-Game Currency without providing Users with prior notice. Matters related to purchasing methods that may be used for the purchase of In-Game Currency (not limited to cash) are, in accordance with paragraph 3 of the preceding Section, specified separately by the Company.
Each User may not do any of the following, unless specifically permitted do so by the Company: allow any other User or other third party to use the In-Game Currency; lend, transfer, buy, sell, or pledge the In-Game Currency to or from any other User or other third party; or perform any other similar act in relation to the In-Game Currency.
The Company will not refund the In-Game Currency except as separately determined by the Company or as required by laws or regulations.
A User may, by a method prescribed by the Company, exchange the In-Game currency for certain data or services provided within the Service. The Company may, at any time and without providing Users with any notice, change the number of units of the In-Game Currency that need to be exchanged for an individual data or service.
After a User has completed an exchange transaction provided for in the preceding paragraph, the User may not cancel that transaction. The Company reserves the right to cancel or invalidate a fraudulent transaction if such a transaction is identified.
The Company may abolish the In-Game Currency (meaning termination of both issuance and use) upon providing a period of notice determined to be reasonable by the Company through notice on the Service, the Company’s website, or any other method determined to be reasonable by the Company, and upon the expiration of that period of notice the In-Game Currency will become invalid, unless the Company owes any refund obligation under laws and regulations. Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable even if any User suffers damage as a result of the invalidation of the In-Game Currency.

Section 7 Burden of Expenses

Each User must bear expenses and taxes for purchasing, installing, and maintaining any equipment or software, telecommunication charges (including data use charges), electricity costs, or any other expenses necessary for use of the Service.
The Company might indicate a recommended operating environment for the Service, but each User must maintain the operating environment at his or her own expense.

Section 8 Ownership of Intellectual Property Rights

Each copyright, patent right, trademark right, or other intellectual property right associated with the Service (“Intellectual Property Rights, Etc.”) is owned by the Company or a third party that is duly authorized in this regard.
Each User must not, without the Company’s consent, reproduce, adapt, or publicly transmit any of the data provided by the Company through the Service or use the data in a way that infringes on the Company’s Intellectual Property Rights, Etc.

Section 9 Handling of Use Data, Etc.

Unless otherwise provided for in these TOS, each User holds no ownership rights, Intellectual Property Rights, Etc., or any other rights in any sense with respect to Use Data, Etc. and may use the Service only to the extent permitted under these TOS.
The Company may delete, move, or otherwise modify some or all of Use Data, Etc. at any time without providing the User in question with prior notice if:
1. the content of the Use Data, Etc. violates these TOS;
2. it has become difficult for the Company to retain the Use Data, Etc. because the volume of the Use Data, Etc. might exceed the limit separately specified by the Company or for some other technical reason;
3. the Company has reasonably determined that such action is necessary in order to provide, maintain, or manage the Service;
4. the Company has reasonably determined that the Use Data, Etc. will interfere with the seamless provision of the Service; or
5. the Company has reasonably otherwise determined that such action is necessary.

Section 10 Assets

In the Service, “Asset” refers to information that the User can hold on the Service and is digital content defined in the Service.
Methods, terms, and conditions for Users to obtain Assets on the Service are established through the Service. Obtainment of an Asset by a User does not constitute acquisition by the User of any copyright or any other intellectual property right in that Asset.
A User may, using the method prescribed by the Company, assign an Asset to another User. Such an assignment does not constitute the assignment of any copyright or any other intellectual property right in the Asset.
If an Asset is assigned using a method not prescribed by the Company, the Company may suspend use of the Asset (regardless of who uses the Asset, and including in the case of assignment to a third party).

Section 11 Obtaining and Using Data

The Company may obtain the following types of data and other similar forms of data related to a User (“User Data”) through the User’s use of the Service:
1. nickname, profile images, age, gender, nationality, area of residence, permanent residency status, e-mail address, and telephone number;
2. device data (including, among other data: device ID, such as UDID hash value; device used; MAC address; OS; device language settings; and country of access);
3. status of use of the Service (including the version of the Service, location data, use history);
4. information on campaigns used;
5. information about inquiries and troubleshooting and information for research or the like regarding User Data; and
6. data obtained from a third-party application (including add-ons operated in a browser) when the application works with the Service.
If User Data constitute personal information as defined in the Act on the Protection of Personal Information, such personal information will be handled appropriately in accordance with these TOS and the Company’s Privacy Policy.
The Company uses User Data for the following purposes:
1. to verify identity and to send notices or the like (in addition to notices about the Service, this includes providing information about other services, including those offered by the Company);
2. for after-sales service and inquiries;
3. to provide ads for third-party products and services;
4. to conduct surveys, competitions, and campaigns;
5. to analyze user tendencies or the like and to provide suitable services, ads, and information;
6. to prepare statistical data on the status of use or the like of the Service, and to publish such information on the Service or on the Company’s website or the like or provide it to third parties; and
7. to investigate when there is a suspected violation of applicable laws and regulations or these TOS, or to otherwise conduct investigations for the purpose of securing the Company’s interests.
Except as permitted by the Act on the Protection of Personal Information or other applicable laws and regulations, the Company will not disclose User Data to any third party without the consent of the User in question.
The Company may, at its own discretion, delete all User Data when the Company has deleted a User’s Account or has terminated provision of the Service.

Section 12 Prohibited Conduct

Each User must not use the Service to commit any of the following acts or any other act that may possibly be categorized as such acts:

acts that violate any applicable law or regulation, public order or morals, or these TOS;
criminal acts, conduct that leads to criminal acts, or conduct that promotes such acts;
posting information that is harmful to adolescents (as defined in Article 2, Paragraph 3 of the Act on Establishment of Enhanced Environment for Youth's Safe and Secure Internet Use), or luring children to become a partner in sexual acts or the like;
sending or storing text, images or the like with child pornography or other content that would make other users uncomfortable;
engaging in any conduct for the purpose of having intercourse with others or an obscene act or encounter or the like;
sending or storing data about dating with unknown others;
filing false information (including in the case where information that should be filed is not filed) to conduct Account Registration, or otherwise providing or disseminating untruthful information to the Company or third parties through the Service;
using, selling, or purchasing drugs, especially contraband, such as stimulants, narcotics or the like, or recommending or encouraging minors to drink, smoke, gamble or the like;
encouraging or recommending suicide or self-harm;
posting content that libels, defames, or insults a third party or content that harms the reputation or credibility of a third party, or other harassing conduct;
posting expressions that lead to discrimination based on race, ethnicity, gender, creed, social status, place of residence, physical characteristics, medical history, education, wealth, or the like;
commercial activities outside of the Service or preparing for such activities using the Service or data provided through the Service (including selling, or offering to sell, profiles outside the Service, irrespective of the type of consideration provided in exchange, but excluding any act that is permitted under these TOS);
encouraging involvement in political groups or religious organizations, or otherwise engaging in political or religious activity;
improperly collecting or using another User’s personal information;
infringing on the intellectual property rights, moral rights of the author, or the like of the Company or a third party;
creating, distributing, or using an outside program, such as a bot, cheat tool, or the like (including, but not limited to, outside tools to manipulate the results from using the Service in ways not intended by the Company);
using the results obtained by a third party from using the type of outside program described in the preceding item for oneself;
using multiple Accounts for the Service with the purpose of committing any prohibited conduct provided for in this Section;
improperly manipulating the results obtained from using the Service by oneself or in collaboration with another User, or by taking advantage of another User’s actions;
placing significant burden on the servers or networks used to run the Service;
engaging in any unauthorized access;
deliberately providing or disclosing information about deficiencies in the Service to a third party other than the Company;
contrary to fact, posing as the Company, another User, or another individual, organization or the like associated with the Service, or otherwise misleading a third party in any way about one’s association with the Service;
distributing computer viruses;
modifying, damaging, disassembling, decompiling, or reverse engineering the program used in the Service;
modifying, damaging, disassembling, decompiling, or reverse engineering the OS installed on a device (including rooting or jailbreaking a device);
harming the Company or a third party;
interfering with the normal provision of the Service;
damaging the credibility of the Company or the Service
using the Service despite the possibility of being a citizen or resident of a High-Risk Country; or
any other act that the Company reasonably determines to be inappropriate for a User of the Service to commit.

Section 13 Restriction, Suspension, and Cancellation of Use

The Company may refuse to allow a User to begin using the Service, may suspend or restrict the User’s use of the Service, or may delete the User’s Use Data, Etc. or Account if:

the User violates these TOS, including engaging in the prohibited conduct listed in the preceding Section, or the Company reasonably determines there is a likelihood of such a situation;
the User engages in conduct (including acts or acts of omission outside of the Service) that interrupts or interferes with the provision of the Service, or the Company reasonably determines there is a likelihood of such a situation;
the User uses the Service in a way other than that prescribed by the Company or in some other improper way;
the User has been sanctioned by the Company in the past under this Section;
the Company reasonably determines that the User might be a citizen or resident of a High-Risk Country; or
the Company otherwise reasonably determines that the User would be inappropriate as a user of the Service.

Section 14 Changing, Suspending, or Terminating the Service

The Company may, without providing Users with prior notice, change all or part of the Service or suspend or terminate provision of the Service at any time.
The Company may, without providing Users with prior notice, suspend or terminate provision of the Service temporarily or for an extended period if:
1. it becomes impossible to provide the Service due to the following or any other similar event of force majeure (a “Force Majeure Event”): an earthquake, tsunami, typhoon, lightning, heavy rains, flooding, or any other natural disaster; a fire, power outage, interruption of telecommunication lines, or other unforeseen event; due to epidemic, war, unrest, riots, civil disturbance, or a labor dispute; or legal or governmental regulations;
2. it becomes impossible to provide the Service due to scheduled or emergency maintenance for systems or the like necessary to provide the Service, network congestion, disruption at a service provider or the like; or
3. in addition to instances provided for in the preceding items, the Company reasonably determines that it is necessary to suspend or terminate provision of the Service for business or technical reasons.
A User might become unable to use certain data, services or Assets provided within the Service as a result of suspension or termination of provision of the Service pursuant to this Section.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable even if any User suffers any damage as a result of any change or suspension or termination of the Service pursuant to this Section.

Section 15 Limitation of Liability

Each User acknowledges that the services and information provided in the Service are by nature updated on a daily basis. The Company does not warrant that the existence and contents of such services and information are perpetual.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any damage suffered by a User or any third party as a result of the use of, or inability to use, the Service.
The Company does not warrant the completeness, accuracy, adequacy, usefulness, timeliness, or legality of the Service or the information provided by the Service and does not warrant their conformity to the purpose of use or the operating environment of any User. Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any damage arising from a User’s use of, or inability to use, the Service or such information.
Regarding any and all websites of third parties that may be accessed through any link from the Service, the Company does not warrant any and all matters including the legality, integrity, safety, or accuracy of the content or the like of such websites or that such contents or the like do not offend public order and morals.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any loss or damage arising from a User’s use of websites provided for in the preceding paragraph or products, services or the like provided through such use.
The Company does not warrant that the Service does not infringe the rights of any third party.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any dispute between Users or between any User and a third party that arises from the use of the Service.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any damage suffered by a User arising from any unauthorized access to the Service, invasion by computer viruses, or any other conduct of a third party.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any damage suffered by a User arising from telecommunication providers, electric power suppliers, or other service providers.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for the deletion or loss of information relating to the Service, loss of data due to the use of the Service, any trouble or damage in or to any equipment, or other damage suffered by a User in connection with the Service.
The Company will not be liable for any damage suffered by a User arising from a delay in performance, or inability to perform, all or a part of the obligations owed by the Company to any User as a result of a Force Majeure Event.
Except in cases of willful misconduct or negligence on the part of the Company, the Company will not be liable for any damage suffered by a User arising from the User being a citizen or resident of a High-Risk Country.

Section 16 Liability for Damages

If a User inflicts any damage on the Company as a result of a violation of any provision set forth in these TOS or due to any reasons attributable to the User, the User must compensate for the damage suffered by the Company (including reasonable attorney fees).
Even if, notwithstanding provisions that limit the Company’s liability, the Company is held liable for any damage suffered by a User pursuant to the Consumer Contract Act or other applicable laws and regulations, the Company’s liability will be limited to the amount of the fee (or other economical value) actually received from the relevant User during the period of one month immediately preceding the occurrence of the event that directly caused the damage. This limitation will not apply if there is any willful misconduct or gross negligence on the part of the Company. However, even in such case, the Company’s liability for damages will be limited to the damage directly suffered by the User, and that damage will not include consequential damage, incidental damage, or indirect damage, such as loss of profit, regardless of whether or not the damage was actually foreseen or was foreseeable by the Company.

Section 17 No Transfer of Rights or Obligations

Each User must not, in whole or in part, assign, change the name of for the benefit of, pledge, offer as collateral to, or in any other way dispose of to, a third party all or part of the User’s status, rights, or obligations that the User holds as a User under these TOS, unless otherwise permitted under these TOS.

Section 18 Amending these TOS

The Company may amend these TOS in either of the following cases by setting a time when the amendment to these TOS will become effective and by posting within the Service or on a separately specified website or the like of the Company, or notifying through any other appropriate method, details to the effect that these TOS will be amended, the contents of these TOS after the amendment, and the time when the amendment will become effective:
1. if the amended contents align with the interests of the Users; or
2. if the amended contents do not conflict with the purpose of transactions pertaining to these TOS, and the contents are reasonable taking into account the necessity of the amendment, the appropriateness of the contents after the amendment, other similar circumstances and the like pertaining to the amendment.
Any amendment to these TOS pursuant to the preceding paragraph will become effective at the time provided for in the preceding paragraph, and these TOS after the amendment will apply to each User.

Section 19 Validity of these TOS

Even if any of the provisions of these TOS are deemed invalid pursuant to any law, regulation, or the like, the validity of the other provisions will not be affected.
Even if any of the provisions of these TOS are deemed invalid or canceled in relation to a particular User, the validity of these TOS in relation to other Users will not be affected.

Section 20 Governing Law and Agreed Jurisdiction

These TOS are governed by, and interpreted in accordance with, the laws of Japan.
The Tokyo District Court will have exclusive jurisdiction as the court of first instance with respect to any dispute pertaining to the Service.

Established and enacted: December 18th, 2023

Terms of Service | Phantom of the Kill -Alternative Imitation-