Term of Use

1-1. Agreement to Terms of Use
Toylogic Inc. (hereinafter referred to as "Company") has established the following terms of use (hereinafter referred to as "Terms of Use") in order to smoothly operate the application service Warp Tour Fishing (hereinafter referred to as "Service") that the Company provides exclusively for network portable terminals such as smartphones. These Terms of Use apply to users in Japan.

Users shall use the Service in accordance with these Terms of Use.

1-2. Amendments to Terms of Use
When the Company amends these Terms of Use, the Company shall post the Terms of Use as amended on the site of the Service. Any amendments to these Terms of Use shall become effective at the time when the Terms of Use as amended become available to users. When these Terms of Use are amended, users shall use the Service in accordance with the Terms of Use as amended. If a user is unable to agree to the Terms of Use as amended, the user shall terminate the use of the Service.

Registration and Termination of Use

2-1. Registration Procedure
1. Prior to using the Service, an applicant for use shall agree to these Terms of Use. In addition, at the Company's request, a user shall register the information designated by the Company after his/her agreement to these Terms of Use.

2. When a minor uses the Service, he/she shall obtain the consent of a person who has parental authority over him/her.

3. To an applicant for the Service who has agreed to these Terms of Use, the Company shall grant the right to use the Service (hereinafter referred to as "Account"). (A series of the registration procedures are referred to as "Registration for Use" hereinafter.)

4. If the Company finds that any Registration for Use falls under any of the following items, the Company may reserve or deny the Registration for Use by the applicant for use or may suspend the Account of the user in accordance with Section 4-2 of these Terms of Use after it approves the Registration for Use. In that case, the Company may not explain or disclose the reason for reserving or denying the Registration for Use or the reason for imposing the disposition referred to in Section 4-2 of these Terms of Use.

(1) If it is a registration made by a person who has committed a breach of these Terms of Use in the past
(2) If it is a registration made by a person who has caused a loss or disadvantage to the Company in the past
(3) If it is otherwise inappropriate for Registration for Use for the Service

Users' Obligations and Responsibilities

3-1. Preparation of Machines and Lines
In using the Service, a user shall prepare a portable terminal, telecommunication equipment, operating system, means of communication, electric power, and other items, as necessary, at his/her expense on his/her own responsibility.

3-2. Account Management
1. A user shall responsibly manage his/her Account.
2. A user shall observe the matters set forth in the following items to prevent the use of the Service by others:
(1) the user shall not permit others to use his/her Account; and
(2) the user shall not permit others to use his/her portable terminal for using the Service or transfer, sell, lend, or otherwise put in pawn that terminal.

3. When a user wishes to transfer his/her Account to a different portable terminal from that for which the user has made Registration for Use for the Service, the Account shall be transferred by using a transfer code issued by the Company and a password set by the user. In that case, the user shall observe the matters set forth in the following items:
(1) the user shall not inform others of the transfer code and the password or change the password to the one designated by another person;
(2) the user shall set a password which is not easily inferred by others; and
(3) if it turns out that the transfer code or password is stolen by another person or in the case of the occurrence of an event from which the user suspects that the transfer code or password has been stolen by other person, the user shall report it to the Company as soon as possible.
4. When the Service is used on a portable terminal for which Registration for Use has been made for the Service or through a correct combination of the transfer code and the password, the Company shall deem that the Service is used by a user who has registered his/her Account even though the Service is used by another person. Even if a loss is caused to another user or the Company through the use of an Account by another person, the user who has registered that Account shall assume liability for that loss.

3-3. Responsibility for Results of Use
1. A user shall assume all responsibilities, including legal responsibility for physical or mental harm to others, in connection with any act which he/she has performed in the Service. The Company shall assume no responsibility for any act performed by a user in the Service.
2. A user shall use the Service on his/her own responsibility and shall use on his/her own initiative and responsibility information which he/she has gained in the Service.
3. A user shall assume full responsibility for any loss or damage, cost, and obligation to compensate for any loss or damage which arises from the use of the Service or information which he/she has gained through the use of the Service. Furthermore, if any loss or the like is caused to the Company from a breach of these Terms of Use by a user, the user shall compensate for that loss and any costs required for a response to it (including attorney's fees).

3-4. Other Obligations
If a user finds a breach of these Terms of Use by another user, the user shall immediately report it to the Company.

Prohibited Matters

4-1. Prohibited Matters
The Company shall prohibit the following acts by users. Users shall not commit any of the following acts through intention or negligence.

4-1-1. Prohibited Matters concerning Account Management
(1) Creating an unpredictable large number of Accounts in the general use of the Service
(2) Informing another person of the transfer code and the password and permitting another person to use his/her Account in any other manner
(3) Transferring his/her Account to another person
(4) Using the Service by using another person's Account other than that which he/she has registered

4-1-2. Prohibited Matters concerning Games
(1) Logging in to the Service unpredictably many times in general use
(2) Illegally altering game results alone or conspiratorially with another user
(3) Using an external tool to alter game results illegally, such as a BOT or cheating tool, or using the results of the illegal use of an external tool by another user for himself/herself

4-1-3. Prohibited Matters concerning the Whole Service
(1) Illegal access to the Company's servers
(2) Transmitting or distributing a virus or other programs or data which cause damage to the computers of the Company, other users, and others
(3) Intentionally using a fault in programs used in the Service
(4) Repeating similar questions more than necessary in inquiring of the Company
(5) An act of making a non-compulsory or groundless demand to the Company
(6) Preventing the Company from operating the Service
(7) Preventing others such as other users from accessing or using the Service
(8) Causing property damage to others such as other users
(9) Using the Service for profit without obtaining the Company's prior consent
(10) Analyzing or altering programs or data used in the Service through disassembling or other manner
(11) Posting or transmitting programs or data used in the Service inside or outside the Service on the Internet and providing others with reproductions thereof
(12) Using the Service for a purpose deviating from the aim of the Service
(13) Trading in various content which the Company provides in the Service (including fee-charging content and other various items) or exchanging them with others, including other users
(14) Using the Service without following the use method or operating procedure specified by the Company
(15) Acts which the Company notifies as prohibited ones on the screens of the Service

4-1-4. Other Prohibited Matters
(1) Infringing the intellectual property rights (e.g., patent rights, trademark rights, and copyrights) of the Company or other persons
(2) Infringing the privacy, portrait rights, or other rights of others such as other users
(3) Discriminating against, abusing or slandering others, such as other users, or injuring their reputation or credit
(4) Disclosing or revealing the personal information of others such as other users
(5) Collecting or accumulating the personal information of others such as other users
(6) Causing disgust to, threatening, or troubling others such as other users or otherwise causing mental suffering to others
(7) Transmitting a sexual expression or information about the adult or sex entertainment industry
(8) Sending a chain mail, spam mail or other similar mail or repeatedly sending mail with content similar to those of it, including so-called vandalism
(9) Pretending to be the Company or party concerned in the Service or other person such as another user or feigning tie-up or cooperative relations with the Company or party concerned in the Service or another person
(10) Transmitting untrue information for the purpose of causing a disadvantage or loss to another person such as another user
(11) Doing business, advertising, publicizing, or asking for something or using the Service as a place of business such as for transfer or trade
(12) Transmitting information about an association with the opposite sex (which means an association with a member of the opposite sex with whom the user is not acquainted)
(13) Using the Service for the purpose of having intercourse with or committing an act of obscenity with or otherwise meeting the opposite sex
(14) Tempting another person into suicide
(15) An act of fostering the use of drugs such as stimulants or narcotics, tempting young persons into drinking, smoking, or gambling or other conduct against laws or ordinances or public order and morals
(16) Otherwise not fulfilling any obligation under these Terms of Use or committing any act prohibited pursuant to these Terms of Use
(17) Any act similar to those prohibited matters, any act which is liable to fall within the prohibited matters, any act of trying to commit any prohibited matter, and any act of fostering or asking to commit any prohibited matter
(18) Any other act which the Company finds inappropriate in connection with the operations of the Service

4-2. Dispositions against Breaching Users
1. If the Company finds that a user has breached these Terms of Use, the Company may punish the breaching user with the following dispositions:
(1) a caution or warning;
(2) suspension of the use of all or any of the fee-charging services;
(3) suspension of the use of the whole or any part of the Service; and
(4) suspension or deletion of his/her Account.
2. Even if a disadvantage or loss is caused by the disposition to the user, the Company shall not assume liability for the disadvantage or loss.
3. If a user has several Accounts, the Company may impose the disposition in connection with all the Accounts.
4. If a user causes a loss to the Company, the Company may claim damages against that user whether or not it has imposed any of the above dispositions.

The Whole Service

5-1. Scope of and Exemption relating to Provision of Services
5-1-1. Scope of Services
The Company shall provide the Service on the assumption that a user will use the Service on the following conditions. If a user is unable to use the whole or any part of the Service or suffers any other disadvantage owing to the fact that the user has failed to follow those conditions, the Company may not provide support for that reason.
(1) A user shall use the Service from within Japan.
(2) A user shall use the Service under the operating environment separately posted.

5-1-2. Ownership of Rights to Content Provided
(1) The Company or its licensors hold intellectual property rights to the software, data and other information provided in the Service.
(2) The Company agrees to grant to users only the following rights in connection with the software provided in the Service. The Company shall not grant other rights than those rights or transfer any copyrights or other intellectual property rights.
A. The right to download and install software programs according to what is displayed on the screen or other instructions from the Company to the extent needed to use the Service
B. The right to run and use software programs installed to the extent needed to use the Service
(3) The services, software, data, and other items in the Service are protected by the Copyright Act, Trademark Act, Patent Act, and the like.

5-1-3. Reservation of Suspension or Termination of Services
(1) The Company may suspend services in the Service to conduct a regular or special inspection of systems and to install more pieces of equipment or replace some pieces of equipment.
(2) The Company may suspend the Service in order to start a new service or modify or alter any existing service.
(3) When the Company suspends the Service for the above reason, the Company shall give notice to users in the Service, as a rule. However, if there is an urgent need, the Company may suspend the Service without notice.
(4) The Company may suspend or discontinue the provision of the Service if it becomes difficult to provide the Service owing to unforeseen circumstances (including, without limitation, a fire, power failure or other accident, an earthquake or other natural disaster, a war or other emergency, a network failure caused by a carrier, and a direction or order under laws and regulations).
(5) The Company may add items to or alter the details of the Service or suspend, restrict, or terminate some of them, without giving notice to users.
(6) The Company may terminate the provision of the Service because of the Company's situation. If the Company terminates the provision of the Service, the Company shall notify users of it in advance by giving notice in the Service.
(7) Even if a disadvantage or loss is caused to a user for the above reason, the Company shall assume no liability to the user for the disadvantage or loss.

5-1-4. No Warranty
(1) The Company shall give no warranty about the matters set forth in the following items in connection with the Service. Users shall use the Service with an understanding of it.
A. The Service will be provided without suspension.
B. The Service will be safe.
C. The Service as well as software and other items provided will have no defect and will cause no error or other mistake.
D. Data sent and received in the Service will be properly stored in a designated server, displayed on a screen, and received by the intended person.
E. Information which a user gains in the Service will be accurate and reliable.
F. There will be no legal defect or the like in the Service.
G. The Service will meet a user's requirements.
H. The Service will be provided at an appropriate time.
(2) A user shall assume liability for any damage to his/her portable terminal, telecommunication equipment, or other item due to transmission and reception of game data or the like or downloading of a dedicated software program. The Company shall assume no liability for that damage.
(3) The Company shall give no warranty about whether any act performed by a user by using the Service or the result thereof suits the desire or purpose of the user.

5-1-5. Exemption
(1) Even if a loss is caused to a user owing to a default or tort in providing the Service, the Company shall not assume liability to compensate for that loss except for a direct and normal
loss which has been actually caused. Even in case of a direct and normal loss, the amount of liability shall be with the limit of the amount specified below, and the Company shall not assume liability for a loss beyond that amount, provided that, in either case, this does not apply when the loss is caused through intention or gross negligence on the part of the Company.
1. The amount of fees for fee-charging services which the Company receives from the user in the month in which the loss is caused or ● yen, whichever is higher.
(2) The Company shall compensate for a loss to a user in connection with the Service only in the case of the preceding paragraph, and the Company shall assume no liability for a loss in other cases. The Company shall not assume any liability for all losses to a user, including a loss of an opportunity to use the Service or other indirect damage, special damage, or lost profits than those referred to in the preceding paragraph even though the possibility of the loss is notified to the Company in advance, provided that this does not apply when the loss is caused through intention or gross negligence on the part of the Company.
(3) Even if a loss is caused to a user or other person owing to the fact that the disposition referred to in Section 4-2 is or is not imposed on a breaching person of these Terms of Use, the Company shall assume no liability for that loss.
(4) If a user has any question about or objection to a disposition or the like imposed by the Company, the user shall contact the Company within one year after that disposition has been imposed.
(5) Even if a user deals or has a dispute with another person (including another user) through the Service, the Company shall not take part in it and shall assume no responsibility.

Fee-charging Services

6-1. Rules on Fee-charging Content
1. A user may receive the right to use fee-charging content in the manner separately designated by the Company.
2. Even if the word "purchase," "sale," "sell," "buy" or the like is displayed on the screen in the Service, the intellectual property rights and other rights to fee-charging content shall not be transferred to a user, and the Company shall reserve those rights. Only the right to use fee-charging content to the prescribed extent shall be granted to users.
3. The Company may alter the operating environment for fee-charging content by giving a notice on the screen in the Service.
4. The Company shall set the term of validity of the right to use each of any fee-charging content and shall display those terms on the screen in the Service. The right to use any fee-charging content with no displayed term of validity shall continue until the user terminates the use of the Service, as a rule, provided that the Company may set the termination date of the term of validity of any fee-charging content whose term of validity is not displayed by notifying it on the screen in the Service at least one month prior to that termination date if the Company finds it necessary to do so for the operation of the Service. In that case, the right to use the applicable fee-charging content shall lapse on the termination date. In that case, a consideration for the lapse of the right to use the content shall not be given.
5. If there is an Account for which one year or more has passed since the last use of the Service or if a user deletes his/her Account, the Company may erase all of the fee-charging content and other information in games which are held in that Account, without the user's consent free of charge.
6. The right to use a fee-charging content shall be granted in connection with each Account. A user may not use any fee-charging content in any Account other than that in which the right to use that fee-charging content has been granted.
7. A user may not transfer or assign the right to use any fee-charging content to any Account other than that in which the right to use that content has been granted.
9. A user shall not exchange any fee-charging content for which he/she holds the right to use, for cash or other thing with a monetary value with another person, including other users.

Use of Information

7-1. Use of Personal Information
The Company shall handle the personal information of a user in accordance with the personal information protection policy and the handling of personal information for the Service in addition to the provisions of these Terms of Use. If a user fails to provide information, the user may not be able to use the Service.

Other Matters

8-1. Governing Law and Jurisdiction
1. These Terms of Use shall be governed by the laws of Japan.
2. If a dispute arises between a user and the Company in relation to the Service or these Terms of Use, the court of first instance and exclusive jurisdiction shall be the Tokyo District Court.