Please agree to the following Terms of Use (“these Terms”) prescribed by Spike Chunsoft Co., Ltd. (“the Company”) and confirm that you will comply with the matters to be observed before using the PlayStation® 4 game software “FIRE PRO WRESTLING WORLD” (“Game Software”) developed by Sony Interactive Entertainment Inc. and services that are provided incidental thereto (collectively, “Service”).

Your agreement to and acceptance of these Terms are the precondition for the Company to grant a license to you for using the Service. If you use the Service, it will be deemed that you have accepted and agreed to these Terms.

If you are a minor, please use the Service upon having your parent or guardian confirm these Terms and obtaining your parent’s or guardian’s consent. If you are a minor and use the Service, it will be deemed that you have obtained your parent’s or guardian’s consent for using the Service.

Article 1 (These Terms)

1. The Company may prescribe other rules related to the Service on the Company’s internet webpage (URL: https://firepro-w.com/; “Site”) or through other related websites. Such other rules constitute a part of these Terms.

2. With respect to certain matters in these Terms, if the said other rules in the preceding paragraph prescribe certain matters that differ from such matters in these Terms, these Terms shall prevail.

3. The Company may arbitrarily amend these Terms irrespective of the reason thereof, and you shall agree to such amendment.

4. Unless the Company prescribes otherwise, any amendment to these Terms will be notified to you by being posted on the Site. Any amendment will immediately become effective at the time that it is posted on the Site. When you use the Service for the first time after these Terms are amended, it shall be deemed that you have agreed to the amendment.

5. If you cannot agree to the said amendment in the preceding paragraph, please immediately cease to use the Service.

6. You acknowledge that the terms and conditions set forth in these Terms may be amended pursuant to Paragraph 3 of this article, and shall periodically confirm the contents posted on the Site.

7. When using the Service, please observe the terms of use separately set forth by Sony Interactive Entertainment Inc. (“SIE”) in addition to observing these Terms.

Article 2 (Service)

1. The purpose of the Service is for the Company to upload data (including, but not limited to, data of pro wrestlers and their moves) created within the Game Software to a game server designated by the Company so that users can share such data among them.

2. You need the PlayStation™ Network account and password issued by SIE to use the Service. If parental control is set in your PlayStation™ Network account, your use of the Service may be restricted.

3. When the Service is used through the PlayStation™ Network account, the Company will deem that the Service has been used by the user who registered the account information. If the PlayStation™ Network account is misused by a third party and a user suffers damage, the user who registered the account information shall be entirely liable for such damage.

4. The detailed specification of the Service shall be separately set fouth in the Service or on the Site. The Company may improve, add, delete or otherwise change the Service, and you agree to the same in advance. The Company may also outsource the performance of the Service to a third party as needed.

Article 3 (Preparation and Cost of Equipment)

Because you need to access the internet to use the Service, you need to properly prepare, install and operate any equipment, software, and communication means required therefor under your own responsibility and cost burden. The Company will not be involved in any way regarding your access environment, and will not be responsible for the preparation and operation thereof.

Article 4 (Prohibited Matters)

When using the Service, you may not engage in any act that is corresponding to, or as determined by the Company that is corresponding to, any one of the following items:

(1)  act of falsifying or fraudulently creating items or other data of the Service;

(2)  any act other than the acts that are assumed or permitted in advance as methods of using the Service;

(3)  act that is in violation, or may be in violation, of laws and ordinances (irrespective of the name thereof such as laws, treaties, cabinet orders or ordinances, and including rules that are publicly binding upon users), or act that induces or encourages an illegal act;

(4)  act that leads to, or induces or encourages, crime;

(5)  act that leads to, or incites or encourages, suicide or self-harm;

(6)  act of infringing upon the rights (including, but not limited to, rights of honor, privacy rights and copyrights) of other users or any third party;

(7)  act of analyzing, falsifying, modifying, reverse-engineering, reverse-compiling, or reverse-assembling the Service;

(8)  act that is contrary to public order or morality such as using obscene expressions, discriminatory expressions, violent/threatening expressions, grotesque expressions, and any other inappropriate expressions;

(9)  marketing activities (including, but not limited to, solicitation activities, and irrespective of whether or not the other party is an individual), fund-raising activities, pre-election campaigns and other political activities, missionary work and other religious activities;

(10) act of inducing encounters for the purpose of sexual intercourse and indecent acts;

(11) act of soliciting pyramid financing, act of sending chain emails, or any other act of soliciting other users to participate in similar activities;

(12) language, behavior or act that defames or threatens other users or otherwise causes anxiety or discomfort to other users;

(13) act of impersonating an employee, customer support staff or any other interested person of the Company and the Company’s affiliate or subcontractor;

(14) act of sending a computer virus, act of sending excessively large data, or any other act that obstructs the use of the Service by other users;

(15) act of declaring or notifying false or misleading facts to the Company;

(16) act that obstructs, or may obstruct, the operation of the Service;

(17) act of groundlessly defaming, or defaming with excessive expressions, the services and products provided by the Company, or the contents and operation of the services offered by the Company;

(18) act of selling or reselling all data configuring the Service without obtaining the Company’s permission;

(19) act of infringing upon the copyrights and other rights in the Service and the Game Software;

(20) act of soliciting or recommending acts of cheating;

(21) any other act that is in breach of these Terms;

(22) act of notifying other users of a URL where the text or data of the acts corresponding to each of the preceding items (including cases where others are conducting such acts) is available (including the act of posting a link to such URL);

(23) in addition to each of the preceding items, any act that is deemed inappropriate by the Company in light of the purpose of the Service; or

(24) any other act of soliciting or encouraging, or act of preparing for, all of the acts pertaining to each of the preceding items.

Article 5 (Deregistration, etc.)

If the Company determines that you correspond to any one of the items of the preceding article or may breach these Terms, the Company may take measures such as suspending or discontinuing your use of the Service without requiring any prior notice.

Article 6 (Copyrights and Other Intellectual Property Rights)

1. Unless expressly provided for herein, all programs, software, trademarks and trade names configuring the Game Software and the Service or incidental intellectual property rights and other rights related to overall technologies (collectively, “Intellectual Property Rights”) shall belong to the Company or a duly authorized third party.

2. You may not replicate, publish, broadcast, publicly transmit or otherwise use beyond the scope of private use, irrespective of the method thereof, any and all information that you obtain as a result of using the Service without obtaining the prior and express approval of the Company or a third party as the right holder.

Article 7 (Transmitted Information)

1. You warrant that you are legally entitled to personally transmit the images, videos, comments and other information prescribed by the Company (“Transmitted Information”) that you will upload and send by using the Service, and that the Transmitted Information does not infringe upon the rights of the Company, other users or any third party.

2. You will continue to hold the Intellectual Property Rights in the Transmitted Information (but excluding items and other Intellectual Property Rights included in the Game Software among the Transmitted Information) even after the transmission thereof. The Company may use or exploit the Transmitted Information (including, but not limited to, replication, adaptation and public transmission thereof, and making the Transmitted Information available for public transmission necessary for public transmission) for operating and improving the Service and to the extent required for the sales promotion of the Game Software. You agree not to exercise your moral rights regarding the foregoing use or exploitation of the Transmitted Information against the Company, a third party duly authorized by the Company, or a party that succeeded the rights of such third party.

3. You are responsible for all of the Transmitted Information that you send by using the Service. Accordingly, the Company will not be responsible in any way regarding the contents of the Transmitted Information.

4. If you defame others, infringe upon the privacy right of others, engage in an act that is in violation of the Copyright Act, or otherwise infringe upon the rights of others, you must resolve the issue under your own responsibility and cost burden, and the Company will not be responsible in any way therefor.

5. If there is someone who says that he/she was offended due to the Transmitted Information that you transmitted, you must resolve the issue under your own responsibility and cost burden, and the Company will not be responsible in any way therefor.

6. While the Company will exert efforts to manage the Transmitted Information in a safe manner, in light of the fact that the Service is an electromagnetic service using an internet communication network with an intrinsic risk of loss, modification or destruction of information, you shall back up the Transmitted Information under your own responsibility. The Company will not be responsible in any way for any damage that you suffer as a result of neglecting to back up the Transmitted Information, including the recovery of the Transmitted Information.

7. When the Company determines that it corresponds, or will correspond, to any one of the following items, the Company may peruse, save, restore, or disclose to a third party, all or a part of the Transmitted Information without requiring any prior notice (“Perusal, etc.”). The Company is not obligated to disclose the reason that it made the foregoing determination:

(1) the Company obtained your consent;

(2) the Company contacts you to obtain your consent for the Perusal, etc., but you fail to respond within seven (7) days after the Company contacted you;

(3) the Company receives an official request under laws from a public institution such as a court or police;

(4) the Company is obligated to carry out the Perusal, etc. pursuant to laws;

(5) you engage in an act that is prohibited under these Terms;

(6) when it is necessary for protecting the life, body or other important rights of you or a third party;

(7) when it is necessary for the maintenance of the Service or for resolving technical troubles of the Service; or

(8) there is any other necessity equivalent to each of the preceding items.

8. When the Company determines that it corresponds, or will correspond, to any one of the following items, the Company may delete or suspend the disclosure or posting of all or a part of the Transmitted Information without requiring any prior notice (“Deletion, etc.”). The Company is not responsible in any way regarding the deleted Transmitted Information, including the restoration thereof, and is not obligated to disclose the reason that it made the foregoing determination:

(1) the Company obtained your consent;

(2) the Company contacts you to obtain your consent for the Deletion, etc., but you fail to respond within seven (7) days after the Company contacted you;

(3) the Company receives an official request under laws from a public institution such as a court or police;

(4) the Company is obligated to carry out the Deletion, etc. pursuant to laws;

(5) you engage in an act that is prohibited under these Terms;

(6) when it is necessary for protecting the life, body or other important rights of you or a third party;

(7) when the Service is changed, suspended or terminated pursuant to Article 2 and Article 9; or

(8) there is any other necessity equivalent to each of the preceding items.

9. Notwithstanding the provisions of Paragraph 7 and Paragraph 8 of this article, the Company is not obligated to monitor the Transmitted Information.

Article 8 (Disclaimer and No Warranty)

1. Due to the nature of the Service, which is used by accessing the internet, dependency on individual communication environments and environments of equipment used is high, and the Service is not available under any and all environments. Accordingly, the Company does not warrant that the Service is available under any and all environments of users.

2. The Service is provided in the current condition at the time that each service is provided, and is provided on the assumption that the accuracy, completeness, usefulness or reliability thereof may include a defect. Accordingly, the Company does not offer any kind of warranty regarding the accuracy, completeness, usefulness or reliability regarding the contents of the Service and the information provided by the Company (including the Transmitted Information of the preceding article), such that you will be able to constantly connect to the Service under a favorable environment upon using the Service, or that the Transmitted Information that you transmitted will constantly be posted on the Service.

3. If you suffer any harm due to a dispute, defamation, harassment, fraud or stalking involving another user or a third party resulting from your Transmitted Information, the Company will not be liable in any way for any damage that is suffered due to such harm, unless there is any willful misconduct or gross negligence on the party of the Company. Please exert utmost attention, under your own responsibility, upon exchanging information with another user or a third party.

Article 9 (Suspension or Termination of Service)

1. The Company may at any time suspend or terminate the Service due to business reasons, defect or maintenance of systems, calamities, communication failure, unauthorized access or any other reason, and will not be liable in any way for any damage that you may consequently suffer.

2. While the Company will exert efforts to notify you of the suspension or termination of the Service of the preceding paragraph a reasonable time in advance, the Company may not be able to do so in cases of emergency or inevitable circumstances.

Article 10 (Liability for Damages)

1. If the Company receives a claim from a third party or a dispute arises between the Company and a third party in relation to your use of the Service, you shall resolve such claim or dispute under your own cost burden and responsibility, report on the progress and result thereof to the Company, and compensate any amounts that the Company was obligated to pay and other damages suffered by the Company.

2. The Company shall compensate any damage that you suffer only when the Company causes such damage by way of willful intent or gross negligence upon providing the Service, and the respective disclaimer clauses of the Company in these Terms shall not apply in cases where there is willful intent or gross negligence on the part of the Company.

3. In cases where the Company bears liability for damages against you, the scope of damages to be compensated shall be limited to the normal damages that you actually suffered, and the amount of damages to be compensated shall be capped at the amount that you paid for purchasing the Game Software. This article applies to all compensation for damage irrespective of the cause of claim including debt default, defect liability, restoration obligation, unjust profit, or tort.

4. If you infringe upon the Company’s rights or interests when using the Service, the Company may seek damages against you.

Article 11 (No Assignment)

1. The Company may assign its claims held against you to a third party, and you agree that your personal information may be consequently provided to such third party.

2. You may not assign, transfer or offer as security to a third party or otherwise dispose your status under these Terms or any rights and obligations under the Service without obtaining the prior written approval of the Company.

Article 12 (Privacy Policy)

1. The Company will acquire minimum information from you required for providing the Service. The Company will exert utmost caution in protecting your personal information.

2. The Company will acquire your email address and PlayStation™ Network ID when you register yourself as a user of the Service. In addition, the Company will automatically acquire your position information, IP address, Cookies, usage environment and other information from your browser, and register the acquired information as access logs in a web server.

3. The Company will use the acquired information for the following purposes:

(1) provision and operation of the Service;

(2) user support such as responding to inquiries and dealing with problems;

(3) notification of information related to the Service; and

(4) analysis of the status of use for improving the Service.

4. The Company may outsource the acquired information to a third party designated by the Company, to the extent required for achieving the purpose of use listed in the preceding paragraph (“Purpose of Use”), upon imposing obligations on such third party for properly managing your personal information. Please note in advance that the subcontractor (third party) may contact you directly for achieving the Purpose of Use.

5. The Company will not disclose your personal information to a third party excluding the following cases:

(1) the Company obtains your consent for disclosing your personal information;

(2) the disclosure of your personal information is required under laws and ordinances;

(3) the Company outsources all or a part of the handling of your personal information to the extent required for achieving the Purpose of Use based on the preceding paragraph;

(4) when required for protecting the interests of the Company or a third party against illegal or harmful acts; and

(5) the Company assigns its claims held against you to a third party based on Paragraph 1 of the preceding article.

6. If you request the correction or deletion of your information based on a method to be separately designated by the Company and the Company determines that your rights or properties protected under various laws and ordinances may be infringed upon, the Company will delete or correct your information.

7. In addition to the cases set out in each of the preceding paragraphs, the Company will handle your information pursuant to the Company’s Privacy Policy (http://www.spike-chunsoft.co.jp/privacy_policy).

Article 13 (Governing Law and Jurisdiction)

1. The conclusion, effect, interpretation and performance of these Terms shall all be construed in Japanese and be governed by the laws of Japan. Matters that are not set out in these Terms shall be handled pursuant to the provisions of the Copyright Act, the Civil Code, the Commercial Code and other applicable laws and ordinances.

2. Even if a part of these Terms is deemed to be invalid based on the mandatory provisions of consumer protection laws or other mandatory provisions, the remaining parts shall be valid to the maximum extent so as long as they are not in conflict with such mandatory provisions.

3. Any dispute between users and the Company in relation to these Terms and the Service shall be submitted to the Tokyo District Court or the Tokyo Summary Court of Japan as the competent court of agreed jurisdiction for the first instance.

Established on August 9, 2018