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MARVELOUS CONSOLE GAMES END USER LICENSE AGREEMENT
Official Notice: 09/05/2025
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY PLAYING, ACCESSING OR USING OUR CONSUMER GAME OR ITS RELATED SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PLAY, ACCESS OR USE OUR CONSUMER GAME OR ITS RELATED SERVICES.
THIS END USER LICENSE AGREEMENT CONTAIN, AMONG OTHER THINGS, A JURISDICTION PROVISION CONTAINING A CLASS ACTION WAIVER.
Article 1 (Application of Terms)
1. MARVELOUS CONSOLE GAMES END USER LICENSE AGREEMENT (hereinafter referred to as the "EULA") concerns Marvelous Inc. (hereinafter referred to as "MARV", “we” and “us”) and console games we own, develop, and provide in which this EULA appears (hereinafter referred to as the "Software") along with the general use of specialized services provided in association with it (hereinafter, collectively with the Software, referred to as the "Service"), and shall be applicable between you and MARV.
2. Those seeking to use the Service are obligated to agree to this EULA upon starting use of the Service. Additionally, by beginning use of the Software, it is implied that this EULA has been agreed to.
3. MARV, for Users (as defined below, and including for you), has specially defined the items in the following clauses that also constitute a part of this EULA.
● Privacy Policy
● Regardless of the designation, notices sent from MARV to users of the Service individually, or posted within the Service, and the rules of the Service
● The terms and conditions, guidelines, etc., for all the individual services that constitute the Service
4. In defining the contents of the previous clauses, for those matters and provisions that are not expressly set forth, it is assumed that the provisions in this EULA will be applied; if there is a difference in the matters and provisions of those preceding clauses and this EULA, then the provisions in this EULA are to be given preference, unless explicitly stated otherwise.
Article 2 (Definitions)
The following clauses include the definitions for relevant words used throughout this EULA.
● The "Site" refers to the public site of the Service if MARV opens it.
● "User" or “Users” refers to the person(s) (including you) who initiated use of the Service after starting the Software and agreeing to this EULA.
● "Player Data" is data of the Users held independently on a game server in the context of the Service (including, but not limited to, save data and user account data) that is sent and received through the Service.
Article 3 (Eligibility)
1. Only Users who agree to this EULA of Use will be able to use the Service.
2. If for some reason we have determined that there is an obstacle to compliance with the use of the Service, then we shall have the right to refuse to accept use of the Service.
3. If you are a minor in your jurisdiction, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this EULA and any applicable additional terms.
4. The Service is for personal use only. Organizations, companies, or businesses may not use the Service for any purpose. You may not use the Service if you have previously been suspended or removed from the Service. Certain Service may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. When you use the Software or access the Service, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
5. In addition to cases where the actions of a User are determined to be in violation of this EULA and if the Software has been uninstalled, etc., we may erase, at its discretion, a part or all of the User in question's Eligibility or the player data stored by the Service without notifying or obtaining consent from the User.
6. In addition to the preceding clause, if we determine that it is necessary, we may similarly erase a part or all of a User’s Eligibility or player data stored by the Service without notifying or obtaining consent from the User.
7. Even after a User has stopped using the Service, regardless of the reason for stoppage, we can continue to use any information collected in the process of using the Service that cannot be isolated to a particular User in compliance with our Privacy Policy.
8. In agreeing to the clauses in this EULA, even after a User has stopped using the Service, regardless of the reason for stoppage, this EULA is agreed to continue being in effect.
Article 4 (Use of Personal Information & Disclosure to Third Parties)
If we collect Users’ personal information in the Service, we shall handle the information properly based on our Privacy Policy specified separately.
Article 5 (Notification Method)
1. Notifications will be made to Users, except in cases where stated differently in this EULA, via notices within the Service or some other means deemed appropriate by MARV.
2. When notifications are sent to Users from within the Service as stipulated in the preceding clause, the time at which a given notification is made within the Service is when it will be presumed that notification of the Users has been completed.
3. Our notification may be sent to your device by way of Push Notification or alerts. You can disable those notifications at any time through your device settings.
Article 6 (Player Data)
1. Users bear full and sole responsibility for the use and management of their Player Data, and YOU AGREE THAT MARV BEARS NEITHER RESPONSIBILITY NOR LIABILITY FOR THEM.
2. The rights to the use of the Services belong only to the User himself/herself. Users shall not make their Player Data available to a third party, and shall not lend it, transfer it, change the name on it, buy and sell it, pledge it, etc.
3. In the event of improper management of the Character Name or User Account, an error in use, use by a third party, etc. that results in the unintended transmission of information via the Software resulting in damages, the User is considered responsible for said damages, and MARV WILL NOT BE LIABLE IN ANY WAY.
YOU AGREE THAT USERS ARE CONSIDERED TO MAKE USE OF EXTERNAL SERVICES AT THEIR OWN RISK, AND MARV IS IN NO WAY LIABLE FOR DAMAGES SUFFERED BY USERS FROM THE USE OF EXTERNAL SERVICES.
4. If a User's Player Data is stolen and it is found that there is a possibility that it is being used by a third party, then MARV is to be notified immediately using the predetermined procedures as stipulated by us, and if we provide any instructions, Users are expected to follow them.
5. If Users, as a result of using or in connection with the Services, cause damages to a third party or us, those Users are themselves liable and at their own expense shall provide compensation for the damages.
6. You acknowledge and agree that Users are not permitted to lend, sell, or resell player data to a third party for commercial purposes, or receive money, including electronic currency, or any other kind of property value for it.
Article 7 (Software License and Limitations)
1. Subject to this EULA and your compliance with these terms, we grant you a non-exclusive, non-transferable, limited license to use the Software, on any compatible device ("Devices") that you own or control. Any MARV Software that updates, supplements or replaces the original Software is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.
2. The preceding states the entirety of your rights with respect to the Software, and we reserve all rights in and to the Software not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Software (except as expressly permitted by this license or the Usage Rules); (ii) use the Software for any purpose other than your own personal, non-commercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Software; (iv) modify, alter, or create any derivative works of the Software; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; (vi) use the Software for purposes for which it is not designed; or (vii) use the Software on any Device that you do not own or control.
3. The Software is the valuable property of MARV and its licensors, and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title, and interest in and to the Software, including all copyright and other intellectual property rights in the Software.
Article 8 (Prohibited Actions)
1. Users are not permitted to engage in the following actions when using the Service.
● Transferring or leasing it to use the Player Data to a third party.
● Transferring your status of User to a third party.
● Behavior that defames or discriminates against others.
● Behavior that violates the honor, privacy, or trust of others.
● Causing financial or psychological harm to others.
● Impersonating us, our employees, or a third party, or misrepresenting the presence or absence of a partnership or cooperative relationship with us or a third party.
● Transmitting, posting, or otherwise sending obscene or violent messages, images, video, audio, etc.
● Behavior contrary to public order and standards of decency.
● Any threatening behavior.
● Stalking or being offensive to others.
● Infringing on our or a third party's intellectual property rights (patent rights, design rights, trademark rights, copyrights, etc.).
● Any actions corresponding to solicitation, business, advertising, or promotional activities that have not been approved by MARV.
● Using the Service for commercial purposes without the prior written consent of MARV.
● Collecting and storing a third party's personal information.
● Disclosure, publication, transmission, or distribution of spam mail, etc.
● Gaining unauthorized access to our server or a third party's server.
● Actions involving the creation, distribution, or use of utilities that modify, reverse engineer, analyze, or otherwise alter the program, etc.
● Unauthorized use of a third party's Player Data.
● Release, publication, transmission, distribution, or posting of a URL for a download page of a virus program, etc. to damage our or a third party's various equipment, or attempting to perform unintended operations that impair our or a third party's normal operation of equipment.
● Deliberate use of defects in the Service.
● Analysis, replication, copying, revising, adding to, modifying, or using for a secondary purpose, in whole or in part, the software used in the Service or related data.
● Actions not in keeping with the operating procedures, terms, conditions, provisions, rules, etc. as defined by MARV.
● Interference with our activities in operating the Service.
● Other behavior, breaches of etiquette, etc. deemed inappropriate by MARV.
● Any other behavior that we have announced is prohibited through the Site or the Software.
● Any attempts made at doing anything mentioned in the previous clauses, any behavior similar to that mentioned in the previous clauses, causing any risk corresponding to any of the clauses, any act related to the clauses carried out against a third party, as well as any other behavior or actions that we have deemed inappropriate.
2. If damage is caused to us or to a third party by a User acting in violation of this EULA, regardless of whether or not the person has lost his/her User Account to the Service, then that User shall bear all legal liability.
Article 9 (Service Changes, Restrictions, Suspension, and Termination)
We may modify or discontinue, temporarily or permanently, the Software, the Service or any feature or portion thereof with reasonable advance notice. Please note that in cases of emergency or absolute necessity, such prior notice will not be required. You agree that we will not be liable to you for any modification, suspension or discontinuance of the Software, the Service or any part thereof.
Article 10 (Disclaimer of Warranty, Indemnification and Disclaimer)
1. We assume no liability for any actions of any User, whether or not related to the use of this service, unless the damage is due to our intention or gross negligence.
2. If the actions of a User are deemed inappropriate with regards to the purpose of the Service, we reserve the right to delete the Player Data of the User in question and other information saved in the Service without any prior notification or consent from the User, and offer no guarantee of that data in the event of such a deletion.
3. YOU ACKNOWLEDGE THAT THE USE OF THE INTERNET IS NOT RISK-FREE. WHILE MARV ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MARV CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THE SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. MARV DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICES AND THE PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. We do not provide a guarantee, nor can we be held liable for any of the following matters concerning content.
● That the contents of the Service conform to the requests of Users or the purposes for which they intend to use the Service.
● That the Service will be uninterrupted.
● That information received by Users through the Service is accurate and reliable.
● That there are no defects, flaws, or legal errors.
● That the information sent and received through the Service is saved to a predetermined device, received by the intended destination, or that it is displayed and visible on the screen.
● That the Software will work properly on all devices.
5. You will indemnify and hold harmless us, our subsidiaries, affiliates, officers, employees, agents, and other partners and suppliers (collectively, “MARV Parties”) from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this EULA, arising from a breach of this EULA, or arising from any breach of your representations and warranties set forth above, except to the extent that you are not responsible for such breach, i.e. your acts or omission were not intentional or negligent.
Article 11 (Equipment-Related Preparation & Expenses)
Users bear all responsibility for the preparation and other matters related to the required hardware for the use of the Service, network, etc., as well as the equipment, electricity fees, telephone fees, Internet connection fees, etc.
Article 12 (Compensation for Damages and Limitation of Liability)
1. If we suffer damages through the actions of Users, or receive claims or complaints from other Users or third parties and suffer damages as a result of the actions of Users, we shall be able to claim damages against the User in question, and the User in question shall immediately pay the claim amount to us.
2. If we suffer damages as the result of a dispute between Users or Users and a third party, the Users will be required to compensate us for those damages.
3. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION, (3) INTENT OR GROSS NEGLIGENCE, (4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE SERVICES, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL MARV OR THE MARV PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. IN THE EVENT OF SLIGHT NEGLIGENCE, OR BREACH OF MARV’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, MARV’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARV, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO MARV FOR YOUR USE OF THE SERVICE.
Article 13 (Ownership of Rights, Copyright and Trademarks)
1. Unless otherwise indicated, all content and other materials on the Service or available through the Service, including, without limitation, the MARV logo and all designs, text, graphics, pictures, information, data, Software, sound files, Virtual Items, other files and the selection and arrangement thereof (collectively, the "Service Materials") are the proprietary property of MARV, its sponsors or licensors and are protected by U.S. and foreign copyright or other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right in or to any content that appears in the Service, including without limitation any Service Materials.
2. MARV logos and any other product or service name or slogan from the Service are trademarks of MARV and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part. You may not use any metatags or any other "hidden text" utilizing "MARV" or any other name, trademark, or product or service name of MARV. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, or trade dress of MARV and may not be copied, imitated, or used, in whole or in part. All other trademarks, registered trademarks, product names, and logos mentioned in the Service are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
3. We reserve the right to use any ideas, etc. published by Users in the Service relating to the Service free of charge without sending any prior notification to Users or receiving any consent from Users.
Article 14 (User-Generated Contents)
1. It may be possible to post any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Software through the Software's functionality (such posted contents are collectively referred to as “UGC”). You agree and fully understand that UGC is the result of your own actions and must bear all responsibility for the creation and posting of UGC by yourself. Your responsibility shall include, but is not limited to, ensuring that you can only post UGC for which you own the rights, and that you must not infringe any third-party rights when creating or posting UGC.
2. We may (but are not obligated to) remove, disable, block, edit, or move any UGC for any reason at our sole discretion, including if we believe that UGC violates this EULA. We have no responsibility or liability for UGC, for removing it, or not removing it. We do not pre-screen UGC and do not endorse or approve any UGC available on or through the Software or the Service.
3. By posting UGC, to the extent permitted by all applicable laws, you hereby grant MARV an irrevocable, perpetual, non-exclusive, royalty-free, transferable, and sublicensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use UGC in connection with the Software and related goods and the Service including the rights to copy, reproduce, adapt, modify, perform, reproduce, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and publicly display such content in any manner and medium, whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to your UGC. You may not receive any compensation for your UGC unless it is part of a separate express agreement between you and MARV. You also agree that MARV may use your UGC in any manner that MARV deems appropriate. This license grant to MARV survives any termination or revocation of this EULA.
Article 15 (Changes & Additions to this EULA)
1. We reserve the right to optionally change all or part of this EULA or add provisions to this EULA, at any time and for any reason at our sole discretion, without any required consent from Users.
2. If we alter, amend, or add provisions to this EULA, Users will be notified of the updates to this EULA through the Site, Software, etc. Users, by using the Service after this EULA has been updated, shall be deemed to have agreed to the new expanded or otherwise altered Terms. We will not be liable for any damage suffered by Users as a result of failing to confirm any additions or changes.
3. In order to play the Software and use the Service, you have to agree to this EULA (including any revised terms). If you do not agree to any amended Terms, you must stop playing the Software and using the Service.
Article 16 (Binding Arbitration, Jurisdiction of the Court and Governing Law)
PLEASE READ THE FOLLOWING ARTICLE CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION AND JURISDICTION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH MARV AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MARV (NO CLASS ARBITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ACTIONS).
1. In the context of the Service, if a dispute between User(s) and MARV occurs, it is assumed that both parties will confer in good faith with sincerity.
2. If you reside in the United States, Canada, the United Kingdom and/or Member States of the European Union, pursuant to the preceding clause, if the dispute is not resolved even after both parties have discussed the situation, you and we agree that it shall be referred to and finally resolved by arbitration in Tokyo, Japan, in accordance with the rules of the International Chamber of Commerce (“ICC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be three arbitrators, and the language of the arbitration shall be English. The ICC Rules and other information about ICC are readily available at https://iccwbo.org/dispute-resolution-services/arbitration/. By entering into this EULA, you either (1) acknowledge that you have read and understand the ICC Rules or (2) waive reading the ICC Rules and waive any claim that the ICC Rules are unfair in any way.
3. If you reside in any other location than the United States, Canada, and/or Member States of the European Union, if the dispute is not resolved even after both parties have discussed the situation, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
4. If a part of this EULA has no efficacy due to the mandatory provisions of the laws and regulations of consumer-protection law, etc., then the other parts shall fully have effect that they are not contrary to this.
5. These Terms shall be governed by and construed in accordance with Japanese law without regard to its conflict of law’s provisions.
Article 17 (Class Action Waiver)
THIS ARTICLE 17 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES OR CANADA, EXCLUDING THE PROVINCES OF QUEBEC AND ONTARIO.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MARV ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Article 18 (Miscellaneous)
These Terms contain the entire agreement between you and us regarding the use of the Service. If any provision of this EULA is held invalid or unenforceable, the remainder of this EULA shall continue in full force and effect, except if such provision deprives this EULA of its essential obligations. No party will be deemed as a third-party beneficiary to this EULA and a third party (including Users other than you) who is not a party to this EULA has no right to enforce any term of this EULA. You may not assign this EULA or any of its rights under this EULA without the prior written consent of us, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of us to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision. The Article titles in this EULA are for convenience only and have no legal or contractual effect.
Official Notice: 09/05/2025
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY PLAYING, ACCESSING OR USING OUR CONSUMER GAME OR ITS RELATED SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PLAY, ACCESS OR USE OUR CONSUMER GAME OR ITS RELATED SERVICES.
THIS END USER LICENSE AGREEMENT CONTAIN, AMONG OTHER THINGS, A JURISDICTION PROVISION CONTAINING A CLASS ACTION WAIVER.
Article 1 (Application of Terms)
1. MARVELOUS CONSOLE GAMES END USER LICENSE AGREEMENT (hereinafter referred to as the "EULA") concerns Marvelous Inc. (hereinafter referred to as "MARV", “we” and “us”) and console games we own, develop, and provide in which this EULA appears (hereinafter referred to as the "Software") along with the general use of specialized services provided in association with it (hereinafter, collectively with the Software, referred to as the "Service"), and shall be applicable between you and MARV.
2. Those seeking to use the Service are obligated to agree to this EULA upon starting use of the Service. Additionally, by beginning use of the Software, it is implied that this EULA has been agreed to.
3. MARV, for Users (as defined below, and including for you), has specially defined the items in the following clauses that also constitute a part of this EULA.
● Privacy Policy
● Regardless of the designation, notices sent from MARV to users of the Service individually, or posted within the Service, and the rules of the Service
● The terms and conditions, guidelines, etc., for all the individual services that constitute the Service
4. In defining the contents of the previous clauses, for those matters and provisions that are not expressly set forth, it is assumed that the provisions in this EULA will be applied; if there is a difference in the matters and provisions of those preceding clauses and this EULA, then the provisions in this EULA are to be given preference, unless explicitly stated otherwise.
Article 2 (Definitions)
The following clauses include the definitions for relevant words used throughout this EULA.
● The "Site" refers to the public site of the Service if MARV opens it.
● "User" or “Users” refers to the person(s) (including you) who initiated use of the Service after starting the Software and agreeing to this EULA.
● "Player Data" is data of the Users held independently on a game server in the context of the Service (including, but not limited to, save data and user account data) that is sent and received through the Service.
Article 3 (Eligibility)
1. Only Users who agree to this EULA of Use will be able to use the Service.
2. If for some reason we have determined that there is an obstacle to compliance with the use of the Service, then we shall have the right to refuse to accept use of the Service.
3. If you are a minor in your jurisdiction, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this EULA and any applicable additional terms.
4. The Service is for personal use only. Organizations, companies, or businesses may not use the Service for any purpose. You may not use the Service if you have previously been suspended or removed from the Service. Certain Service may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. When you use the Software or access the Service, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
5. In addition to cases where the actions of a User are determined to be in violation of this EULA and if the Software has been uninstalled, etc., we may erase, at its discretion, a part or all of the User in question's Eligibility or the player data stored by the Service without notifying or obtaining consent from the User.
6. In addition to the preceding clause, if we determine that it is necessary, we may similarly erase a part or all of a User’s Eligibility or player data stored by the Service without notifying or obtaining consent from the User.
7. Even after a User has stopped using the Service, regardless of the reason for stoppage, we can continue to use any information collected in the process of using the Service that cannot be isolated to a particular User in compliance with our Privacy Policy.
8. In agreeing to the clauses in this EULA, even after a User has stopped using the Service, regardless of the reason for stoppage, this EULA is agreed to continue being in effect.
Article 4 (Use of Personal Information & Disclosure to Third Parties)
If we collect Users’ personal information in the Service, we shall handle the information properly based on our Privacy Policy specified separately.
Article 5 (Notification Method)
1. Notifications will be made to Users, except in cases where stated differently in this EULA, via notices within the Service or some other means deemed appropriate by MARV.
2. When notifications are sent to Users from within the Service as stipulated in the preceding clause, the time at which a given notification is made within the Service is when it will be presumed that notification of the Users has been completed.
3. Our notification may be sent to your device by way of Push Notification or alerts. You can disable those notifications at any time through your device settings.
Article 6 (Player Data)
1. Users bear full and sole responsibility for the use and management of their Player Data, and YOU AGREE THAT MARV BEARS NEITHER RESPONSIBILITY NOR LIABILITY FOR THEM.
2. The rights to the use of the Services belong only to the User himself/herself. Users shall not make their Player Data available to a third party, and shall not lend it, transfer it, change the name on it, buy and sell it, pledge it, etc.
3. In the event of improper management of the Character Name or User Account, an error in use, use by a third party, etc. that results in the unintended transmission of information via the Software resulting in damages, the User is considered responsible for said damages, and MARV WILL NOT BE LIABLE IN ANY WAY.
YOU AGREE THAT USERS ARE CONSIDERED TO MAKE USE OF EXTERNAL SERVICES AT THEIR OWN RISK, AND MARV IS IN NO WAY LIABLE FOR DAMAGES SUFFERED BY USERS FROM THE USE OF EXTERNAL SERVICES.
4. If a User's Player Data is stolen and it is found that there is a possibility that it is being used by a third party, then MARV is to be notified immediately using the predetermined procedures as stipulated by us, and if we provide any instructions, Users are expected to follow them.
5. If Users, as a result of using or in connection with the Services, cause damages to a third party or us, those Users are themselves liable and at their own expense shall provide compensation for the damages.
6. You acknowledge and agree that Users are not permitted to lend, sell, or resell player data to a third party for commercial purposes, or receive money, including electronic currency, or any other kind of property value for it.
Article 7 (Software License and Limitations)
1. Subject to this EULA and your compliance with these terms, we grant you a non-exclusive, non-transferable, limited license to use the Software, on any compatible device ("Devices") that you own or control. Any MARV Software that updates, supplements or replaces the original Software is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.
2. The preceding states the entirety of your rights with respect to the Software, and we reserve all rights in and to the Software not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Software (except as expressly permitted by this license or the Usage Rules); (ii) use the Software for any purpose other than your own personal, non-commercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Software; (iv) modify, alter, or create any derivative works of the Software; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; (vi) use the Software for purposes for which it is not designed; or (vii) use the Software on any Device that you do not own or control.
3. The Software is the valuable property of MARV and its licensors, and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title, and interest in and to the Software, including all copyright and other intellectual property rights in the Software.
Article 8 (Prohibited Actions)
1. Users are not permitted to engage in the following actions when using the Service.
● Transferring or leasing it to use the Player Data to a third party.
● Transferring your status of User to a third party.
● Behavior that defames or discriminates against others.
● Behavior that violates the honor, privacy, or trust of others.
● Causing financial or psychological harm to others.
● Impersonating us, our employees, or a third party, or misrepresenting the presence or absence of a partnership or cooperative relationship with us or a third party.
● Transmitting, posting, or otherwise sending obscene or violent messages, images, video, audio, etc.
● Behavior contrary to public order and standards of decency.
● Any threatening behavior.
● Stalking or being offensive to others.
● Infringing on our or a third party's intellectual property rights (patent rights, design rights, trademark rights, copyrights, etc.).
● Any actions corresponding to solicitation, business, advertising, or promotional activities that have not been approved by MARV.
● Using the Service for commercial purposes without the prior written consent of MARV.
● Collecting and storing a third party's personal information.
● Disclosure, publication, transmission, or distribution of spam mail, etc.
● Gaining unauthorized access to our server or a third party's server.
● Actions involving the creation, distribution, or use of utilities that modify, reverse engineer, analyze, or otherwise alter the program, etc.
● Unauthorized use of a third party's Player Data.
● Release, publication, transmission, distribution, or posting of a URL for a download page of a virus program, etc. to damage our or a third party's various equipment, or attempting to perform unintended operations that impair our or a third party's normal operation of equipment.
● Deliberate use of defects in the Service.
● Analysis, replication, copying, revising, adding to, modifying, or using for a secondary purpose, in whole or in part, the software used in the Service or related data.
● Actions not in keeping with the operating procedures, terms, conditions, provisions, rules, etc. as defined by MARV.
● Interference with our activities in operating the Service.
● Other behavior, breaches of etiquette, etc. deemed inappropriate by MARV.
● Any other behavior that we have announced is prohibited through the Site or the Software.
● Any attempts made at doing anything mentioned in the previous clauses, any behavior similar to that mentioned in the previous clauses, causing any risk corresponding to any of the clauses, any act related to the clauses carried out against a third party, as well as any other behavior or actions that we have deemed inappropriate.
2. If damage is caused to us or to a third party by a User acting in violation of this EULA, regardless of whether or not the person has lost his/her User Account to the Service, then that User shall bear all legal liability.
Article 9 (Service Changes, Restrictions, Suspension, and Termination)
We may modify or discontinue, temporarily or permanently, the Software, the Service or any feature or portion thereof with reasonable advance notice. Please note that in cases of emergency or absolute necessity, such prior notice will not be required. You agree that we will not be liable to you for any modification, suspension or discontinuance of the Software, the Service or any part thereof.
Article 10 (Disclaimer of Warranty, Indemnification and Disclaimer)
1. We assume no liability for any actions of any User, whether or not related to the use of this service, unless the damage is due to our intention or gross negligence.
2. If the actions of a User are deemed inappropriate with regards to the purpose of the Service, we reserve the right to delete the Player Data of the User in question and other information saved in the Service without any prior notification or consent from the User, and offer no guarantee of that data in the event of such a deletion.
3. YOU ACKNOWLEDGE THAT THE USE OF THE INTERNET IS NOT RISK-FREE. WHILE MARV ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MARV CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THE SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. MARV DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICES AND THE PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. We do not provide a guarantee, nor can we be held liable for any of the following matters concerning content.
● That the contents of the Service conform to the requests of Users or the purposes for which they intend to use the Service.
● That the Service will be uninterrupted.
● That information received by Users through the Service is accurate and reliable.
● That there are no defects, flaws, or legal errors.
● That the information sent and received through the Service is saved to a predetermined device, received by the intended destination, or that it is displayed and visible on the screen.
● That the Software will work properly on all devices.
5. You will indemnify and hold harmless us, our subsidiaries, affiliates, officers, employees, agents, and other partners and suppliers (collectively, “MARV Parties”) from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this EULA, arising from a breach of this EULA, or arising from any breach of your representations and warranties set forth above, except to the extent that you are not responsible for such breach, i.e. your acts or omission were not intentional or negligent.
Article 11 (Equipment-Related Preparation & Expenses)
Users bear all responsibility for the preparation and other matters related to the required hardware for the use of the Service, network, etc., as well as the equipment, electricity fees, telephone fees, Internet connection fees, etc.
Article 12 (Compensation for Damages and Limitation of Liability)
1. If we suffer damages through the actions of Users, or receive claims or complaints from other Users or third parties and suffer damages as a result of the actions of Users, we shall be able to claim damages against the User in question, and the User in question shall immediately pay the claim amount to us.
2. If we suffer damages as the result of a dispute between Users or Users and a third party, the Users will be required to compensate us for those damages.
3. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION, (3) INTENT OR GROSS NEGLIGENCE, (4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE SERVICES, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL MARV OR THE MARV PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. IN THE EVENT OF SLIGHT NEGLIGENCE, OR BREACH OF MARV’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, MARV’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARV, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO MARV FOR YOUR USE OF THE SERVICE.
Article 13 (Ownership of Rights, Copyright and Trademarks)
1. Unless otherwise indicated, all content and other materials on the Service or available through the Service, including, without limitation, the MARV logo and all designs, text, graphics, pictures, information, data, Software, sound files, Virtual Items, other files and the selection and arrangement thereof (collectively, the "Service Materials") are the proprietary property of MARV, its sponsors or licensors and are protected by U.S. and foreign copyright or other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right in or to any content that appears in the Service, including without limitation any Service Materials.
2. MARV logos and any other product or service name or slogan from the Service are trademarks of MARV and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part. You may not use any metatags or any other "hidden text" utilizing "MARV" or any other name, trademark, or product or service name of MARV. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, or trade dress of MARV and may not be copied, imitated, or used, in whole or in part. All other trademarks, registered trademarks, product names, and logos mentioned in the Service are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
3. We reserve the right to use any ideas, etc. published by Users in the Service relating to the Service free of charge without sending any prior notification to Users or receiving any consent from Users.
Article 14 (User-Generated Contents)
1. It may be possible to post any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Software through the Software's functionality (such posted contents are collectively referred to as “UGC”). You agree and fully understand that UGC is the result of your own actions and must bear all responsibility for the creation and posting of UGC by yourself. Your responsibility shall include, but is not limited to, ensuring that you can only post UGC for which you own the rights, and that you must not infringe any third-party rights when creating or posting UGC.
2. We may (but are not obligated to) remove, disable, block, edit, or move any UGC for any reason at our sole discretion, including if we believe that UGC violates this EULA. We have no responsibility or liability for UGC, for removing it, or not removing it. We do not pre-screen UGC and do not endorse or approve any UGC available on or through the Software or the Service.
3. By posting UGC, to the extent permitted by all applicable laws, you hereby grant MARV an irrevocable, perpetual, non-exclusive, royalty-free, transferable, and sublicensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use UGC in connection with the Software and related goods and the Service including the rights to copy, reproduce, adapt, modify, perform, reproduce, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and publicly display such content in any manner and medium, whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to your UGC. You may not receive any compensation for your UGC unless it is part of a separate express agreement between you and MARV. You also agree that MARV may use your UGC in any manner that MARV deems appropriate. This license grant to MARV survives any termination or revocation of this EULA.
Article 15 (Changes & Additions to this EULA)
1. We reserve the right to optionally change all or part of this EULA or add provisions to this EULA, at any time and for any reason at our sole discretion, without any required consent from Users.
2. If we alter, amend, or add provisions to this EULA, Users will be notified of the updates to this EULA through the Site, Software, etc. Users, by using the Service after this EULA has been updated, shall be deemed to have agreed to the new expanded or otherwise altered Terms. We will not be liable for any damage suffered by Users as a result of failing to confirm any additions or changes.
3. In order to play the Software and use the Service, you have to agree to this EULA (including any revised terms). If you do not agree to any amended Terms, you must stop playing the Software and using the Service.
Article 16 (Binding Arbitration, Jurisdiction of the Court and Governing Law)
PLEASE READ THE FOLLOWING ARTICLE CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION AND JURISDICTION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH MARV AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MARV (NO CLASS ARBITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ACTIONS).
1. In the context of the Service, if a dispute between User(s) and MARV occurs, it is assumed that both parties will confer in good faith with sincerity.
2. If you reside in the United States, Canada, the United Kingdom and/or Member States of the European Union, pursuant to the preceding clause, if the dispute is not resolved even after both parties have discussed the situation, you and we agree that it shall be referred to and finally resolved by arbitration in Tokyo, Japan, in accordance with the rules of the International Chamber of Commerce (“ICC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be three arbitrators, and the language of the arbitration shall be English. The ICC Rules and other information about ICC are readily available at https://iccwbo.org/dispute-resolution-services/arbitration/. By entering into this EULA, you either (1) acknowledge that you have read and understand the ICC Rules or (2) waive reading the ICC Rules and waive any claim that the ICC Rules are unfair in any way.
3. If you reside in any other location than the United States, Canada, and/or Member States of the European Union, if the dispute is not resolved even after both parties have discussed the situation, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
4. If a part of this EULA has no efficacy due to the mandatory provisions of the laws and regulations of consumer-protection law, etc., then the other parts shall fully have effect that they are not contrary to this.
5. These Terms shall be governed by and construed in accordance with Japanese law without regard to its conflict of law’s provisions.
Article 17 (Class Action Waiver)
THIS ARTICLE 17 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES OR CANADA, EXCLUDING THE PROVINCES OF QUEBEC AND ONTARIO.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MARV ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Article 18 (Miscellaneous)
These Terms contain the entire agreement between you and us regarding the use of the Service. If any provision of this EULA is held invalid or unenforceable, the remainder of this EULA shall continue in full force and effect, except if such provision deprives this EULA of its essential obligations. No party will be deemed as a third-party beneficiary to this EULA and a third party (including Users other than you) who is not a party to this EULA has no right to enforce any term of this EULA. You may not assign this EULA or any of its rights under this EULA without the prior written consent of us, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of us to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision. The Article titles in this EULA are for convenience only and have no legal or contractual effect.