RULE

These Terms of Use (these “Terms”) set forth the terms and conditions regarding the use of the game service “HUNTER×HUNTER NEN×SURVIVOR” (the “Service”; the Service includes the App and the Web Shop provided in Article 1) provided by Bushiroad Inc. (the “Company”). These Terms apply to all customers who use the Service (each, a “User”).

Article 1. Definitions

  1. “Contents” means texts, words, audio, music, other sounds, images, videos, symbols, software, programs, codes, and other information.
  2. “Content” means the Contents that can be accessed through the Service.
  3. “In-App Currency” means the electronic virtual currency that is exchangeable with the services and Contents provided for a fee in the Service.
  4. “Site” means the official website of the Service.
  5. “App” means the application “HUNTER×HUNTER NEN×SURVIVOR.”
  6. “Web Shop” means the official web shop “NEN×SURVIVOR WebStore” that sells the In-App Currency of the Service and other in-game items, etc.
  7. “Individual Terms of Use” means any document that sets forth the terms and conditions for use regarding the Service and is published or distributed in the App or the Site, etc. by the Company with names such as “terms of use,” “guidelines,” and “policy” (regardless of the name) and is separate from these Terms. These Terms and the Individual Terms of Use are hereafter collectively referred to as the “Terms, Etc.”
  8. “Minor” means an individual who is under thirteen (13) years old or the age needed to consent to the processing of personal data in that individual’s state or place of residence.

Article 2. Consent to these Terms

  1. The User must use the Service in accordance with the terms of the Terms, Etc. and may not use the Service without consenting to the Terms, Etc.
  2. Upon commencement of the use of the Service, a usage agreement pursuant to the various provisions of the Terms, Etc. will be formed between the User and the Company (a “Usage Agreement”) as of when the consent procedures of the Terms, Etc. have been performed.
  3. If there are Individual Terms of Use in the Service, the User must also use the Service in accordance with the provisions of the Individual Terms of Use, as well as these Terms. If the provisions of these Terms and those of the Individual Terms of Use differ, the provisions of the Individual Terms of Use will prevail.
  4. By actually using the Service, the User agrees to and shall be deemed to have given a valid and irrevocable consent to the Terms, Etc.

Article 3. Amendment of the Terms, Etc.

  1. The Company may amend the Terms, Etc. at any time.
  2. If the Company amends the Terms, Etc. pursuant to the preceding paragraph, the Company will provide prior written notice that the Terms, Etc. will be amended, the contents of the Terms, Etc., and when they will come into effect. If the Company provides prior written notice, the User will be deemed to have accepted such amendments to the Terms, Etc. by continuing to use the Service after the effective date of the amended version of the Terms, Etc.

Article 4. Use by Minors

  1. Before a Minor may access the Service, their parents or legal guardians (“Parents“) must provide verified consent. Where parental consent is required, the Company recommends that Parents monitor the Minor’s online activity and use of the Service.
  2. A Parent who wishes to rescind their previously-provided consent to a Minor’s access to and use of the Service should follow the instructions for account deletion, as set forth below.Home Screen > Header Menu > Player Icon (tap) > Delete Account
  3. Purchases made through the Service are limited to Users who either (a) are the age needed to consent to a contract in their state or place of residence; or (b) if younger, have the consent of a Parent to use the Service. Parents can consult their device settings for the App to restrict in-App purchases by a Minor, and should also monitor activity in their Minor’s account, including the use of the Web Shop and the purchase of In-App Currency.
  4. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A MINOR WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR A MINOR UNDER YOUR SUPERVISION TO REGISTER FOR THE SERVICE, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICE BY SUCH MINOR.

Article 5. Account

  1. If information regarding the User will be registered when using the Service, the User must provide true and accurate information and must update the information to keep the information up to date. The Company will not be liable for any damages that may be incurred by the User due to there being any falsehood, error, or omission in the content of such information.
  2. If a UserID, password, or other account authentication information (the “Authentication Information”) is issued or established when using the Service, the User shall be responsible for managing such information including to prevent any unauthorized use. The Company may deem any acts performed by using such Authentication Information as acts of the User. The Company will not be liable for any damages that may be incurred by the User or third parties due to such acts.
  3. If the User breaches or is suspected to have breached the Terms, Etc., or the User engages or is suspected to have engaged in the illegal or improper use of the Service, the Company may suspend or delete the account without giving any advance notification to the User.
  4. If the User does not use the Service over a period of one (1) year, the Company may delete the account without giving any advance notification to the User. The Company will determine whether or not the User is using the Service based on server access records, etc.
  5. The User’s usage right in the Service will cease as of when the account is deleted, regardless of the reason. Please be aware that an account cannot be recovered even if the User deletes the account by mistake.
  6. The account for the Service belongs exclusively to the User. Any right of use in the Service of the User may not be assigned, loaned, or bequeathed to a third party.
  7. If the User learns that the Authentication Information has been stolen, leaked to a third party, or is being used by a third party, the User shall immediately communicate that to the Company and comply with any requests from the Company, if any.
  8. If the Company or a third party incurs damages due to an unauthorized use of the Authentication Information, the User must compensate such damages to the Company and the third party.

Article 6. Handling of Information regarding Users

  1. The Company will properly handle any User information, device information, and other information collected from the User in connection with the use of the Service in accordance with the “Privacy Policy” (https://en.bushiroad.com/privacy/)and the “Application Privacy Policy” (https://hunterhunter-ns.bushimo.jp/en/policy/) separately set forth by the Company.
  2. The terms and conditions of the Privacy Policy and the Application Privacy Policy are hereby incorporated into these Terms by this reference and User hereby agrees to comply with the same at all times.

Article 7. Provision of Service

  1. The User shall use the Service in accordance with the method set forth by the Company.
  2. The User will prepare all smart devices, communication equipment, operation systems, software, internet connectivity environment, and all equipment required in connection therewith that are required to use the Service (the “Equipment”) at its responsibility and will bear any communication fees and other expenses for the use of the Service.
  3. Company reserves the right to provide all or part of the Service only to a User that meets the conditions determined to be necessary by the Company, including age, for using the Service.
  4. The Company may change the Contents of all or a part of the Service (including specifications, rules, designs, audiovisual expressions, effects, parameters, scenarios, and any other matters) and suspend or discontinue the all or part of the Service at any time, without advance notification to the User.
  5. The User may use the Service solely for the purpose of the User’s personal use, and the User may not use the Service for purposes other than personal use, such as sales, distribution, or development. Any and all acts using the Service for commercial purposes is also prohibited.
  6. To the extent the use of the Service involves the use of services provided by third parties other than the Company (a “Third-Party Service”), the User shall comply with the terms of use and other terms and conditions set forth by the third party.

Article 8. Paid Content

  1. If the User uses any service or the Contents provided for a fee by the Company (including in cases where they are exchanged for In-App Currency, collectively, the “Paid Content”), the User shall pay the usage fee thereof in accordance with the payment terms separately provided by the Company.
  2. The amount, payment method, and other matters of the Paid Content will be separately determined by the Company and will be displayed in the App, the Site, or the Web Shop.
  3. The Company reserves the right to change the prices of the Contents that are provided for a fee or for free in the Service at the Company’s discretion.
  4. Unless otherwise provided in applicable laws and regulations, the Company shall not be obligated to make any refund, return, or other compensation for the Paid Content for any reason whatsoever.
  5. The User hereby provides authorization for the store operator that provides access to the App (a “Store Operator”) to collect such fees for the Paid Content specified by the Company on behalf of the Company; provided, however, that if any question or dispute arises regarding the usage fee, such question or dispute will be resolved between the User and the Company, and the User may not file any claim or complaint against the Store Operator.

Article 9. Advertisement

  1. The Company may place advertisements of the Company and third parties in the Service.
  2. The Service may contain services and Contents provided by other business operators. The business operator providing such services and Contents shall bear responsibility therefor. Such services and Contents may also be subject to the terms of use and other terms and conditions set forth by the business operator providing such services and Contents.

Article 10. Content Provided by the Company

  1. Any right, including copyrights, patent rights, and other intellectual property rights, regarding the Content provided by the Company in the Service will belong to the Company or the third party granting a license to the Company.
  2. The Company will grant to the User a non-transferable, non-sublicensable, and non-exclusive right to use the Content provided by the Company solely for use in the Service.
  3. If the User uses a Content for which a usage fee, usage period, and other usage terms and conditions are separately provided, the User shall comply with such usage terms and conditions. No intellectual property right or other right regarding the Content provided by the Company to the User will be transferred to the User, even if “purchase,” “sell,” or other indications are provided on the screen of the Service, and only the usage right in the preceding paragraph will be granted.
  4. The User may use the Content applied by the Company solely on the device it is downloaded to. The User may not use such Contents by reproducing, altering, broadcasting, distributing, publishing, publicly transmitting, or by communicate to the public by other means without the Company’s prior written consent, and may not engage in any act that infringes on or is likely to infringe on the Company’s rights.
  5. If there is a dispute between the User and the Content rights holder other than the Company due to a breach of a provision of this Article, such dispute shall be resolved at the User’s own responsibility and expense and the Company will not bear any responsibility.

Article 11. In-App Currency

  1. The In-App Currency will be granted to the User through purchases by the User in the Service, campaigns, and other methods specified by the Company. The purchase units of the In-App Currency, payment methods, and other terms and conditions of the use of the In-App Currency will be determined by the Company and displayed in the Service.
  2. The In-App Currency may not be exchanged for cash, property, or other economic interests other than the services and Contents specified by the Company. The number of the In-App Currency required for the exchange with services and the Contents and other terms and conditions will be determined by the Company and displayed in the Service.
  3. The In-App Currency may be used solely in the account in which such In-App Currency was acquired. In addition, the types of the In-App Currency provided in devices and equipment with different operating systems will differ even if they have the same name and may not be transferred or added together.
  4. The User may not share the In-App Currency held with an account other than the account that was granted such In-App Currency, nor transfer, assign to third parties, pledge, or create a security interest on such In-App Currency.
  5. If the Company deletes the User’s account in accordance with the provisions of the Terms, Etc., or if the User deletes such account, the In-App Currency may no longer be used due to the deletion of such account.
  6. No refunds will be made for the In-App Currency for any reason, unless required under applicable laws and regulations. In such case, the refund method for the In-App Currency will be determined by the Company in accordance with the applicable laws and regulations and will be displayed in the Service.
  7. If there is In-App Currency issued for a fee and In-App Currency issued for free, the In-App Currency issued for free will be used up first.
  8. The In-App Currency is not transferable to any person, company, or third-party other than for the Service offered by the Company. The Company is not, and has never operated as, a money services business or money transmitter. The In-App Currency is not actual currency, and has no redeemable value outside of the express services offered by the Company to a specific User. The In-App Currency is not a substitute for real currency, does not earn interest, and has no equivalent value in real currency, and the Company is not obligated to exchange a User’s In-App Currency for anything else of value.
  9. A User’s acquisition or purchase of In-App Currency only entitles a User to receive a limited, non-transferable, revocable license to use In-App Currency (i) in connection with the Service, (ii) for a User’s personal entertainment only, and (iii) in the ways permitted by the Company under these and other applicable Terms. A User’s limited license to use In-App Currency may end if (i) a User violates these Terms, (ii) a User’s account is suspended or terminated, or (iii) these Terms or the Service are terminated.
  10. A User may not use, acquire, or distribute In-App Currency except through the Service and except as expressly allowed by the Company under these Terms. Any attempt by a User to do so constitutes a violation of these Terms, will render the transaction void, and may result in the immediate suspension or termination of a User’s account and license to use In-App Currency or the Service. The Company does not recognize or take responsibility for third-party services that allow Users to sell, transfer, purchase, or otherwise use In-App Currency, and any such use by a User is a violation of these Terms.
  11. The Company, in its sole discretion, may implement changes to In-App Currency at any time. This may include limiting the number of In-App Currency a User may acquire or lowering the purchase price of In-App Currency.
  12. Except for the limited licenses granted to a User under these Terms, the Company has and retains all rights in and to In-App Currency. This includes the right to modify, revoke, or terminate a User’s license to use In-App Currency without notice, payment, or liability to a User. The Company makes no guarantees or warranties regarding In-App Currency or its availability or value.

Article 12. Use of the Web Shop

  1. In advance of using the Web Shop, the User is required to conduct an account verification provided through a Third-Party Service in accordance with the method determined by the Company.
  2. Following the completion of the account verification set forth in the preceding paragraph, the User may use the Web Shop to purchase the In-App Currency and other in-game items, etc. from the Company.
  3. The payment amounts, payment methods, and other matters of the In-App Currency and other in-game items, etc. sold in the Web Shop will be separately determined by the Company and displayed in the Web Shop.
  4. The In-App Currency and other in-game items, etc. purchased by the User in the Web Shop may be used only in the App and for the Service.
  5. No returns or refunds of the In-App Currency or other in-game items, etc. sold in the Web Shop are accepted, except in cases set forth in the proviso to Article 11.6 with respect to the In-App Currency.

Article 13. Prohibited Matters

  1. The User may not engage in, or cause a third party to engage in, the following acts or any act that is likely to correspond to such acts:
    1. An act that violates any law or regulation, any judgment, decision, or order of the court, or any legally binding administrative measure;
    2. An act that is contrary to public order and morals;
    3. A criminal act or an act that forewarns, involves, or encourages such act;
    4. Providing benefits or otherwise cooperating with criminal organizations;
    5. An act that infringes a copyright, trademark right, patent right, or other intellectual property right, reputation right, right of privacy, right of publicity, or other legal or contractual right of the Company or a third party;
    6. Loaning, exchanging, assigning, changing the ownership of, selling or purchasing, pledging, establishing a security interest on, or otherwise causing a third party to use or disposing of the Service account or the Content or the usage rights thereof (including so-called real-money trading) by any method other than the method determined by the Company;
    7. An act for sales, publicity, advertising, soliciting, or other commercial purposes (excluding those permitted by the Company), an act for the purpose of religious activities or recruitment activities for religious organizations, an act for the purpose of sexual or indecent acts, an act for the purpose of meeting or dating strangers of the opposite sex, an act of displaying or causing someone to display information equivalent to child pornography or child abuse, an act for the purpose of harassing, defaming, or slandering a third party, or other act of using the Service for purposes other than the purposes of use intended by the Service;
    8. Posting or sending excessively violent expressions, explicit sexual expressions, expressions leading to discrimination based on human rights, nationality, creed, gender, social status, family background, etc., expressions that induce or encourage suicide, self-harm, or drug abuse, or other expressions that cause others to feel discomfort;
    9. An act that is likely to induce or encourage bullying of a third party or a harassing act against a third party;
    10. Posting a link, etc. that leads to an adult site, a site that collects personal information, or a site for commercial purposes (including affiliates);
    11. Selling, buying, or exchanging goods and services, or publicizing, advertising, or soliciting such goods and services, regardless of whether commercial or non-commercial;
    12. Posting an email or telephone number of oneself or a third party, or other information or private information of an individual;
    13. Sending the same or similar messages to an unspecified large number of third parties (excluding those permitted by the Company), adding third parties as friends or to groups without discretion, and other acts determined by the Company to be spam;
    14. Pretending to be the Company or a third party or intentionally circulating false information;
    15. Collecting, disclosing, or providing without authorization the personal information, registered information, usage history information, or other information of third parties;
    16. Accessing an account without authorization, using a third party’s account, being granted multiple Authentication Information, and other acts similar thereto;
    17. Causing harm to the servers or network systems of the Service, using or operating the Service without authorization , or intentionally exploiting a defect in the Service;
    18. Disassembling, decompiling, reverse engineering, or otherwise analyzing source codes, structures, ideas, etc.
    19. Interfering with or causing harm to the Company’s operation of the Service or another User’s use of the Service;
    20. Aiding or abetting an act corresponding to any of items (1) to (18); or
    21. Any other act the Company determines to be improper.
  2. Whether or not the User’s action or inaction corresponds to a prohibited matter in this Article will be determined at the Company discretion.
  3. If the User discovers a prohibited matter set forth in this Article or other act, etc. that would breach the Terms, Etc., the User will promptly notify the Company.

Article 14. Measures against Violations of the Terms

  1. If the Company determines that any of the following conditions applies to the User, at the Company’s discretion, without giving any prior notice to the User, the Company may take measures against the User, including but not limited to temporarily suspending or restricting the use of the Service, or terminating the Usage Agreement including by deleting the account (a “Suspension of Use”):
    1. If the Terms, Etc. are breached;
    2. If it is discovered that there is false information as to all or part of the information provided to the Company;
    3. If the User dies;
    4. If the User is a Minor, adult ward, person under curatorship, or person under assistance, and had not obtained the consent, etc. of a legal representative, guardian, curator, or assistant;
    5. If there is no response for 30 or more days to an inquiry from the Company or other communications requiring a response;
    6. If the Company determines that the User is a criminal organization, or is maintaining, operating, managing, cooperating, or involved with, a criminal organization through a provision of funds or other means, or has some sort of relationship or involvement with a criminal organization;
    7. If the Company determines it to be necessary for the operation, maintenance, or management of the Service; or
    8. If the Company otherwise determines that there is a reason similar to the foregoing items.
  2. Even after the Suspension of Use, the User will not be exempt from any liability or obligation (including, but not limited to, liability for damages) in the Usage Agreement to the Company and third parties.
  3. The Company will not be liable for any damages or disadvantages incurred by the User due to actions by the Company under this Article.
  4. If an item under paragraph 1 of this Article applies to the User in the Company’s determination, or the Company otherwise determines it to be necessary, the Company may request the User to cease the prohibited act or to voluntarily delete, correct, etc., the sent or posted information, and the User must comply with such request within the period set forth by the Company.

Article 15. Termination of Use of Service

  1. The User may terminate the use of the Service at any time by uninstalling the App, deleting the account, or by other methods designated by the Company.
  2. If the account is deleted, including by mistake, or if the User otherwise loses the right to use the Service for any reason whatsoever, the User may not use the account, nor any information or In-App Currency accumulated in the Service.
  3. The User will not be exempt from any liability or obligation (including, but not limited to, liability for damages) to the Company or any third party even after the termination of use of the App.
  4. If the User terminates the use of the Service, the Company may delete such User’s account at the Company’s discretion without notice.
  5. If the User becomes deceased, any User information and other information and In-App Currency accumulated in the Service will be deleted or become invalid and may not be inherited.

Article 16. Amendment, Termination, Interruption, etc. of Service

  1. The Company may amend or add to all or a part of the Service without notice to the User.
  2. The Company may terminate all or a part of the Service at the Company’s discretion by providing advance notice to the User by posting on the App or the Site or by other methods determined to be proper by the Company.
  3. To the extent the Company suspends the issuance of the In-App Currency at the same time as the notice in the preceding paragraph, the User will use the Service upon consenting to such notice thereto in advance.
  4. If any of the events below occurs, the Company may temporarily suspend all or part of the Service without prior notice to the User:
    1. In the event of maintenance or repair conducted on the App, the Web Shop, or other communications equipment or device for the Service on a regular or emergency basis;
    2. In the event of excessive access or other unforeseen factors causing a concentrated load on the system;
    3. In the event a need arises to protect the User’s security;
    4. In the event the services of a telecommunications carrier are not provided;
    5. In the event the provision of the Service is difficult due to an earthquake, flood damage, or other natural disaster, fire, power outage, or other unforeseen accident, or war, dispute, civil unrest, riot, labor dispute, or other circumstance of force majeure;
    6. In the event the operation of the App or the Web Shop becomes impossible due to a law or regulation, or a measure based thereon; or
    7. In an event similar to an above item and the Company determines it to be necessary.
  5. The Company will not be liable for any damages incurred by the User due to a measure taken by the Company under this Article.

Article 17. Responsibilities of User

  1. The User shall use the Service at its own responsibility and expense and shall be liable for any acts engaged in when using the Service and for the results thereof.
  2. If the Company determines that the User is using the Service in breach of the Terms, Etc., the Company may take the measure of the Suspension of Use based on Article 14; provided, however, that the Company shall not be obligated to prevent or remedy such breach.
  3. If the Company incurs any direct or indirect damages as a result of the breach of the Terms, Etc. or other use of the Service by the User (including if the Company receives a claim for damages or other claim from a third party as a result of such act), the User must immediately compensate the Company for all damages (including attorney’s fees) in accordance with the Company’s claim.
  4. If a dispute regarding the Service arises between the Users or between a User and a third party, the User must notify the Company thereof and resolve such dispute at its own responsibility and expense. The Company will not be obligated to participate in nor bear any responsibility for such dispute.

Article 18. Warranty Disclaimer and Limitation of Liability

  1. To the extent permitted under applicable law, the Service is provided “as-is” and “as available” and the Company does not warrant that the Service will be uninterrupted or error free, that defects will be corrected, that the product is free of viruses or other harmful components, or that all of the product content will be accurate. To the extent permitted under applicable law, the Company disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability or fitness for any particular purpose or use, title, and non-infringement.
  2. To the extent permitted under applicable law, the Company, its parents, subsidiaries, and affiliates shall not be liable for any damages or loss of any kind incurred by the User as a result of the suspension of the Service or loss of data due to any malfunction or defect of communication lines or computers or damages arising in relation to the contents of the Service, or any other event which may result in a loss of data or disruption of service.
  3. To the extent permitted under applicable law, even if the Company is liable for compensating the User for damages, the Company’s liability for damages will be limited to direct and ordinary damages actually incurred by the User, and the Company shall not be liable to the User for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses, arising out of or relating to the Services or the Terms, Etc., regardless of whether they were foreseen or foreseeable, and the compensation amount thereof will be limited to the amount of the usage fees received from such User in the month such damages are incurred.
  4. Nothing in this Terms shall exclude warranties or limit liability to the extent such exclusion or limitation is prohibited by applicable law in your jurisdiction.

Article 19. Notices

  1. Communications regarding the Service from the Company to the User may be made by posting to a proper location on the App, the Site, or the Web Shop, by email to the email address registered by the user, or by methods determined to be proper by the Company.
  2. If the Company gives notice by email, such email shall be deemed to have been received when it normally should be received when sent to the email address registered by the User.
  3. Any inquiry regarding the Service or other communication or notification from the User to the Company may be made by sending the inquiry form established in a proper place in the App or the Site operated by the Company or by other methods specified by the Company. The Company will not be obligated to respond to or take action in response to any communication from the User to the Company by a method other than as provided in this paragraph.

Article 20. Assignment of Rights and Obligations

Unless otherwise approved in writing in advance by the Company, the User may not assign, delegate, transfer, have a third party succeed to, use as collateral, or otherwise dispose of to a third party, the rights and obligations of the User under the Usage Agreement nor the status in the Usage Agreement.

Article 21. Handling upon Business Transfer

In the event that the Company transfers the business related to the Service to a third party or if the business related to the Service is succeeded due to a merger, company split, or other similar transaction, the Company may assign or transfer its status, rights, and obligations under the Usage Agreement as well as to the User information to such transferee or success or such business.

Article 22. Severability

  1. Even if a part of the Terms, Etc. is determined to be void, invalid, or for any reasons unenforceable under the applicable laws and regulations by a court of competent jurisdiction, the other parts of the Terms, Etc. shall remain valid and stay in effect.
  2. Even if all or a part of a provision of the Terms, Etc. is determined to be void, invalid, or unenforceable in relation to a User under the preceding paragraph, the Terms, Etc. will remain valid in relation to the other Users, unless the other Users are also subject to the same laws and regulations and the same court’s jurisdiction.

Article 23. Governing Law and Jurisdiction

  1. If you are a resident of the United States, Canada, or Mexico, the Terms, Etc. shall be governed by the laws of the State of California without regard to conflict of law principles. If any dispute arises between such User and the Company in connection with the Terms, Etc. or the Service, a federal or state court located in Los Angeles, California shall have exclusive jurisdiction.
  2. If you are a resident outside of the United States, Canada, or Mexico, the Terms, Etc. shall be governed by the laws of Japan. If any dispute arises between such User and the Company in connection with the Terms, Etc. or the Service, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction.
  3. To the extent permitted by applicable law, the User and the Company agree to waive rights to a trial by jury.

Article 24. Dispute Resolution, Arbitration, and Class Action Waiver

  1. This Article applies to the User if the User is a resident of the United States.
  2. The Company and the User shall seek to amicably settle all disputes arising out of or relating to Terms, Etc. by negotiation for at least thirty (30) days from the date on which either party gives written notice to the other party of the existence of such dispute.
  3. Excluding claims within the scope of small claims courts’ jurisdiction and claims about the Company’s intellectual property rights including copyrights, trademarks, trade dress, domain names, patents, and trade secrets, all disputes failing to reach amicable settlement under paragraph 2 of this Article shall be finally decided by individual arbitration conducted in Los Angeles, California by a single arbitrator with experience resolving similar disputes and administered by and under the rules of the American Arbitration Association (“AAA”). To review AAA’s rules, please visit the AAA’s website.
  4. There shall be no discovery other than limited discovery which may be granted only to the extent necessary as determined in the discretion of the arbitrator.
  5. The award will be final and binding upon the parties and their respective heirs, successors, and assignees. Any court having competent jurisdiction may enter a judgment on the award.
  6. There shall be no right or authority for any claims to be raised, including in arbitration, on a class or collective basis. The User and the Company agree not to, and expressly waive any right to, file a class action or seek relief on a class basis.
  7. You can choose to opt out of and not be bound by this Article by sending written notice of your decision to opt out to
    Bushiroad Inc.
    Sumitomo Nakanosakaue Building 5th floor, 1-38-1, Chuo-ku, Tokyo, Japan with the subject line “DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of accepting these Terms, Etc. Opting out of this Article has no effect on any other parts of the Terms, Etc.