Terms of Service

Article 1 (Application)

1. The purpose of the Terms is to define the conditions for providing the Service (defined in Article 2) and the rights and obligations between the Company and the user (defined in Article 2) regarding the use of the Service. The Terms apply to all relationships between the user and the Company relating to the use of the Service.
2. Rules regarding the use of the Service posted by the Company on the Service (hereinafter referred to as "Individual Terms") are also incorporated into the Terms and apply to the use of the Service. Where the content of Individual Terms differs from the Terms, the Terms shall prevail.
3. The Company may modify the Terms within a reasonable scope without prior notice to users. When the Terms are modified, the modified Terms will apply after the modification is announced, and users who use the Service after the modification of the Terms are deemed to have agreed to the modified Terms.

Article 2 (Definitions)

The following terms used in the Terms have the meanings set forth below.

1. "Terms of Service" means the Terms and the service agreement for the use of the Service concluded between the Company and the user.
2. "Company" means Elyvix LLC.
3. "Site" means the website "Elyvix".
4. "Service" means all information provided through the Site.
5. "Member Service" means the services within the Service that are available only to members.
6. "Applicant for Member Registration" means a person who wishes to receive the Member Service.
7. "Member Registration" means an Applicant for Member Registration agreeing to the Terms and applying for the Member Service in accordance with the Terms and the methods prescribed by the Company.
8. "Member" means a person who wishes to receive the Service, has agreed to the Terms, completed Member Registration, and has been approved by the Company.
9. "User" means all persons who use the Service provided by the Company, including Members.
10. "Registration Information" means all information disclosed to the Company by a Member in connection with Member Registration and use of the Service.
11. "Personal Information" means all information among Registration Information that can identify a specific individual, such as an email address.
12. "Authentication Information" means information required by the Company to authenticate a Member’s access, including IDs and passwords, among the Registration Information.
13. "Withdrawal" means cancelling Member Registration and ending the provision of the Member Service in accordance with the Terms and the methods prescribed by the Company.

Article 3 (Service)

1. The Service refers to the platform operated by the Company for distributing games. A game company that distributes games within the Service is referred to as a "Distributing Game Company".
2. The Company may, as necessary, add new services to the Service or change the content of the services. Members shall use the Service after agreeing in advance to such additions or changes.
3. In-game items, play rights, electronic money usable within the game, etc. are sold by the Distributing Game Company.
4. When playing a game or purchasing items, play rights, or electronic money usable within the game, the Terms of Service of the Distributing Game Company of the relevant game apply.

Article 4 (Member Registration)

1. A person who wishes to use the Service (hereinafter referred to as "Applicant") shall agree to comply with the Terms and provide the Company with certain information specified by the Company (hereinafter referred to as "Registration Information") in the manner prescribed by the Company, thereby applying to the Company for registration to use the Service.
2. The application for registration must be made by the individual or legal entity that will use the Service; in principle, applications made by a proxy are not permitted. Applicants must provide the Company with true, accurate, and up-to-date information when applying for registration.
3. If the Applicant is a minor, please apply with the consent of a parent or guardian. If an application is received from a minor, the Company will deem that the consent of a parent or guardian has been obtained and will accept the application.
4. The Company may refuse the registration of an Applicant under paragraph 1 if any of the following grounds applies:
   • (1) When the Company determines that there is a risk of violation of the Terms
   • (2) When all or part of the Registration Information provided to the Company contains falsehoods, errors, or omissions
   • (3) When the Applicant has previously had their registration as a user of the Service canceled
   • (4) When the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and the consent of a legal representative, guardian, curator, or assistant has not been obtained
   • (5) When the Applicant is, or the Company determines the Applicant to be engaged in any interaction or involvement with, an Anti-Social Force, etc. (meaning an organized crime group, a member of an organized crime group, a right-wing organization, an anti-social force, or any other person equivalent thereto; the same applies hereinafter), such as by providing funds or otherwise cooperating or participating in the maintenance, operation, or management of an Anti-Social Force, etc.
   • (6) When the Company otherwise determines that registration is not appropriate
5. The Company will determine whether to register the Applicant in accordance with the preceding paragraph and the Company’s other standards. When the Company decides to register the Applicant, it will notify the Applicant accordingly. Upon such notification, the registration of the Applicant as a user is completed, and a contract regarding the use of the Service (hereinafter referred to as the "Usage Contract") in accordance with the provisions of the Terms is concluded between the user and the Company.
6. Even if the Applicant is not permitted to register in the judgment under the preceding paragraph, the Company is not obligated to disclose the reasons to the Applicant. Even in such cases, the Company is not obligated to return documents received from the Applicant.
7. When the Company approves the Member Registration application of an Applicant for Member Registration, a Member Service Usage Contract with the content of the Terms is deemed to be concluded between the Company and the Applicant for Member Registration.
8. A Member is deemed to have consented to receiving the Member Service when the Company approves the admission.
9. A Member may not transfer, lend, change the name of, pledge, or otherwise make available to a third party the right to receive the Member Service.
10. The Member Service includes services that require the setting of specific information. When using such individual services, Members shall accurately register and use the required information in accordance with the guidelines specified by each service.
11. If there is any change in the Registration Information, the Member shall promptly notify the Company of such change in the manner prescribed by the Company and submit documents requested by the Company.
12. When the user is permitted to register based on paragraph 5, the Company will open an account specified by the Company (hereinafter referred to as the "Account").

Article 5 (Changes to Registration Information and Management of Authentication Information)

1. Members shall manage Authentication Information at their own responsibility and expense, and shall not allow a third party to use it, nor lend, transfer, sell, pledge, or disclose it.
2. The Member shall be responsible for any damages resulting from information leakage, errors in use, third-party use, or unauthorized access caused by insufficient management of Authentication Information, and the Company shall bear no responsibility whatsoever. If the Company suffers damages due to unauthorized use of Authentication Information, the Member shall compensate the Company for such damages.
3. If a change occurs in the Member Information, or if Authentication Information becomes known to a third party or is suspected of being used by a third party, the Member shall immediately notify the Company in the manner prescribed by the Terms and the Company, and shall follow any instructions of the Company, if any.
4. If a Member suffers disadvantages, such as being unable to use the Member Service, due to failure to make the notification under the preceding paragraph, the Company bears no responsibility whatsoever.
5. If a Member fails to make the notification under paragraph 3, the Company may withdraw such Member.

Article 6 (Registration Information and Personal Information)

Please refer to the Privacy Policy of the Company.

Article 7 (Withdrawal)

1. Members may withdraw using the procedures prescribed by the Company. Upon withdrawal, Members will lose the right to receive information and all rights as a Member acquired within the Service. However, due to the nature of the Member Service system, a certain period of time specified by the Company may be required from the completion of the withdrawal procedure by the Member until the procedure is reflected in the system, and the Member agrees to this.
2. If the Company determines that a Member falls under any of the following grounds, or there is a risk thereof, the Company may, at its discretion, immediately withdraw such Member without prior notice or demand and without obtaining the Member’s consent:
   • (1) When the Member violates the Terms.
   • (2) When the Registration Information contains falsehoods or errors.
   • (3) When the Member uses or attempts to use the Service for a purpose or in a manner that may cause damage to the Company, other users, the Distributing Game Company, or any other third party
   • (4) When the email address obtained by the Company through inquiries, etc. is determined to be non-functional.
   • (5) When the Member interferes with the operation of the Service by any means
   • (6) When the Member has registered for membership by impersonating a third party.
   • (7) When duplicate Member Registration exists.
   • (8) When the Member has engaged in any of the prohibited acts set forth in Article 9.
   • (9) When the Member has died.
   • (10) When the Member has not used the Service for 6 months or more and has not responded to communications from the Company
   • (11) When the Member falls under any of the items of Article 4, paragraph 4
   • (12) When the Company otherwise determines that the Member is inappropriate.
3. In the case of the preceding paragraph, if the Company suffers any damages, the Member shall compensate the Company for such damages.
4. The Company is not obligated to disclose the reason for the withdrawal under paragraph 2 to the Member.
5. The withdrawal provided for in this Article shall terminate the contract concluded between the Member and the Company, and the Member shall lose all rights to use the Service.
6. If a Member loses membership status, the Member loses the right to receive all services on the Site.

Article 8 (Disclaimer)

1. The Company makes no warranty whatsoever regarding the Service, including its accuracy, usefulness, legality, absence of defects, security, fitness for a particular purpose, absence of infringement of rights, or any other matter.
2. The Company shall bear no liability whatsoever for any damages suffered by the user in connection with the Service, including interruption, suspension, termination, unavailability, or modification of the Service, deletion or loss of the user’s messages or information, cancellation of the user’s registration, loss of data or breakdown or damage of equipment due to use of the Service, or otherwise.
3. If a user causes damage to a third party through the use of the Service, the user shall compensate for such damage at the user’s own expense and responsibility.
4. Any transactions, communications, disputes, etc. arising between the user and other users, Distributing Game Companies, or other third parties in connection with the Service shall be handled and resolved by the user at the user’s own responsibility, and the Company shall bear no responsibility whatsoever for such matters.
5. The Company shall bear no compensation liability whatsoever for damages caused by the inability to use the Service due to bugs, errors, excessive access, or other failures occurring in the Service.
6. The Company shall bear no obligation to compensate for any damage to computers, lines, software, etc. caused by downloads from the Service or from websites of advertisers, Distributing Game Companies, or other third parties, or by computer virus infections, etc.
7. The Service and the content and information on the Site are provided as available to the Company at the relevant time. The Company makes no warranty whatsoever as to the completeness, accuracy, applicability, usefulness, availability, safety, reliability, etc. of the information provided, of articles and other content and software, etc. registered or transmitted (sent) by the user.
8. The Company may provide information and advice to users as appropriate, but shall not be liable for the results thereof.
9. If the Service suffers data corruption or the like due to any external factor, the Company bears no responsibility.
10. The Company shall bear no responsibility whatsoever for transactions (including the exchange of in-game items, etc.) conducted between a third party, including Distributing Game Companies, and Members through the Service, and all such transactions shall be conducted at the responsibility of such third party and the Member.
11. If the Terms or Individual Terms, etc. constitute a consumer contract under Article 2, paragraph 3 of the Consumer Contract Act, and any provision of the Terms or Individual Terms that completely exempts the Company from liability for damages is not applicable, the Company shall be liable for damages only to the extent of direct damages suffered by the user, where such damages arise from the Company’s breach of contract or tort. However, this requires that the Company acted with intent or gross negligence.

Article 9 (Prohibited Acts)

Users shall not engage in any of the following acts in connection with the use of the Service. If a Member engages in any of the following acts, the Company may immediately take measures such as suspending the use of the Service and deleting content posted by the Member, including profile information.

• (1) Acts that infringe, or may infringe, the intellectual property rights, such as copyrights and trademark rights, of the Company, other users, or any other third party (hereinafter referred to as "Others")
• (2) Acts related to criminal acts or acts that violate public order and morals
• (3) Acts that infringe, or may infringe, the property, privacy, right of publicity, or other rights of Others
• (4) Providing the personal information of a specific individual
• (5) Acts that discriminate against or slander Others, or damage the honor or credibility of Others
• (6) Acts determined to have the purpose of inducing users excessively or improperly to specific external websites
• (7) Acts determined to have an adverse effect on children or young people
• (8) Acts of altering or deleting accessible content or information of the Service or content or information of Others
• (9) Acts of impersonating the Company or Others (including acts of tampering with email headers or other parts to conceal identity)
• (10) Acts of sending harmful computer programs, etc., or placing them in a state where they can be received by Others
• (11) Acts of pre-election campaigns, election campaigns (including similar acts), or acts that conflict with the Public Offices Election Act
• (12) Acts of sending unsolicited advertising, promotional, or solicitation emails, or emails that cause discomfort (including emails that may cause such discomfort) to Others; acts of interfering with the email reception of Others; acts of requesting chain email forwarding; or acts of forwarding in response to such requests
• (13) Acts of placing a load on the server beyond acts of normal use of the Service, or acts that promote such acts, and other acts that interfere with the operation or provision of the Service or the use of the Service by other users, or that cause hindrance thereto
• (14) Acts of distributing information, equipment, software, etc. for the purpose of removing or circumventing access control functions of servers or the like
• (15) Acts of copying, modifying, reprinting, altering, changing, reverse engineering, decompiling, disassembling, translating, or analyzing the functions provided by the Service
• (16) Acts of obtaining the Registration Information of Others without their consent or by fraudulent means (including so-called phishing and similar means)
• (17) Acts of using all or part of the Service for commercial purposes, regardless of the method of use (including acts for the purpose of preparing such use)
• (18) Acts of using the Service without performing procedures such as notifications to supervisory authorities or obtaining permits or approvals that are required by law, and other acts that violate, or may violate, the relevant laws
• (19) Acts of interfering with the operation of the Service, acts of interfering with the exchange or sharing of information led by others, and acts that damage credibility, infringe property rights, or otherwise disadvantage the Company or Others
• (20) Acts of making long telephone calls, excessively repeating similar inquiries, or coercing obligations or unreasonable matters, thereby significantly interfering with the Company’s business
• (21) Acts other than the above that violate laws or these Terms of Use, or acts that violate public order and morals (including acts of sending or displaying information that may encourage or incite violence or cruel images, or acts of recruiting companions for suicide pacts)
• (22) Acts of placing links to data, etc. that contain acts falling under any of the above items (including cases where such acts are performed by others) for the purpose of encouraging such acts
• (23) Other acts that the Company determines to be inappropriate for a user

Article 10 (Ownership of Rights)

1. Intellectual property rights, including copyrights, and other rights related to the Service belong to the Company or its rights licensors.
2. Intellectual property rights, including copyrights, and other rights related to games distributed through the Service belong to the Distributing Game Company or its rights licensors.
3. The User represents and warrants to the Company that the User has the lawful right to post, transmit, or otherwise send the Posted Data, and that the Posted Data does not infringe the rights of any third party.
4. The User grants the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the Posted Data. The User also grants other registered users a non-exclusive license to use, reproduce, distribute, create derivative works of, display, and perform the Posted Data posted or otherwise transmitted by the User through the Service.
5. The User agrees not to exercise any moral rights against the Company or any party that has succeeded to or been licensed by the Company with respect to such rights.
6. The license to use the Service under the Terms does not constitute a license to use the intellectual property rights, including copyrights, or other rights of the Company or its rights licensors with respect to the Service.

Article 11 (Suspension, Discontinuation, and Termination of the Service)

1. The Company may suspend or discontinue all or part of the Service without prior notice to users in any of the following cases:
   • (1) When periodic or urgent inspection or maintenance of the computer systems related to the Service is performed
   • (2) When the operation of the Service becomes impossible due to force majeure such as fire, power outage, or natural disaster
   • (3) When the operation of the Service becomes impossible due to war, civil war, riots, disturbances, labor disputes, etc.
   • (4) When the Service cannot be provided due to defects in the computer systems for providing the Service, unauthorized access by third parties, computer virus infections, etc.
   • (5) When the Service cannot be provided due to measures based on laws or regulations
   • (6) When the Company otherwise determines that suspension or discontinuation is necessary
2. The Company may terminate the provision of the Service at its convenience. In such cases, the Company shall notify users in advance. However, this does not apply in emergencies.
3. The Company may freely change the content or name of the Service without prior notice to users or third parties by email or otherwise.
4. The Company shall not be liable for any damages incurred by users as a result of measures taken by the Company under this Article.

Article 12 (Equipment Burden and Usage Environment)

1. The preparation and maintenance of computers, software, other equipment, communication lines, and other communication environments necessary to receive the Service shall be performed by the user at the user’s expense and responsibility.
2. Users shall, according to their own usage environment of the Service, take security measures at their own expense and responsibility, such as prevention of computer virus infection, unauthorized access, and information leakage.
3. When installing software, etc. on the user’s computer, etc. by downloading from the Company’s website or by other means when starting to use the Service or during use of the Service, the user shall pay sufficient attention to prevent loss or alteration of information held by the user or breakdown or damage of equipment, etc., and the Company shall not be liable for any such damages incurred by the user.

Article 13 (Effective Period)

The Usage Contract takes effect on the date on which the user’s registration based on Article 4 is completed, and remains in effect between the Company and the user until the earlier of the date on which the user’s registration is canceled or the date on which the provision of the Service is terminated.

Article 14 (Revision of the Terms)

1. The Company may revise the Terms at any time.
2. When the Company intends to revise the Terms, the Company shall notify the user at any time via email, the website regarding the Service, or other means.
3. If a Member does not withdraw within the period specified by the Company (if no such period is specified, within one week from the date of notification) from the date of notification of the revision of the Terms pursuant to the preceding paragraph, the Member is deemed to have agreed to the revision of the Terms, and the revised Terms take effect between the Member and the Company.
4. A Member may not subsequently claim ignorance of or non-acceptance of the content after the time at which the effect arises under the preceding paragraph.

Article 15 (Governing Law)

The Terms shall be interpreted in accordance with the laws of Japan.

Article 16 (Consultation and Jurisdiction)

1. If any doubt or issue arises between the Company and a user, the Company, or a third party in connection with the Service, the parties shall in good faith consult and seek to resolve the matter.
2. If the doubt or issue cannot be resolved through consultation under the preceding paragraph, the Tokyo Summary Court or the Tokyo District Court shall be the court of exclusive agreed jurisdiction in the first instance.

Article 17 (Contact)

For opinions, questions, complaints, and other inquiries regarding the handling of User Information in connection with the Service, please contact the following window: