TERMS OF USE

These Terms of Use are an agreement between MOVEGAMES Co., Ltd., including any subsidiary or affiliate (collectively “MOVEGAMES”) and any person (referred to as “you”) who accesses any website or online service operated by MOVEGAMES (collectively “MOVEGAMES services”). You are explicitly agreeing to these Terms of Use when you check “Agree” on any MOVEGAMES service. If you do not agree with any of the Terms of Use then you can choose not to use the MOVEGAMES services (except that the Terms of Use will still apply to any MOVEGAMES services you utilized before your decision to discontinue use). MOVEGAMES reserves the right to change these terms, at any time, with or without providing notice to you. Therefore, you should check these Terms of Use, from time to time, to learn about any changes.

VIOLATION OF TERMS OF USE

MOVEGAMES reserves the right to take any legally acceptable corrective action, in its sole discretion, for any violation of these Terms of Use. The types of corrective action which may be taken by MOVEGAMES will depend on the nature and severity of the violation. Some of the corrective actions are discussed in more detail in other sections of these Terms of Use.

TERMINATION OF RIGHT TO USE MOVEGAMES SERVICES

MOVEGAMES has the right to refuse to provide services to any person or entity, at any time, for any legally permissible reason, whether or not there has been a breach of the express terms of these Terms of Use.

PRIVACY POLICY

Our Privacy Policy, which is contained in a separate document, is incorporated herein by reference and is considered to be a portion of the Terms of Use to which you have agreed.

SOFTWARE LICENSE, INCLUDING RESTRICTIONS

MOVEGAMES makes certain software, including updates, available for you to download in order to participate in MOVEGAMES services. MOVEGAMES also makes other software, or the interfaces thereto, available for you to use in order to participate in MOVEGAMES services. All such software is the copyrighted property of MOVEGAMES or is licensed by MOVEGAMES from the copyright holder. You are hereby granted a personal, non-exclusive, non-transferable, limited license to use that software only for using MOVEGAMES services, provided by MOVEGAMES, in a manner which is consistent with these Terms of Use. You are authorized to make additional copies only for your personal use, in a manner consistent with this software license, or for backup purposes. You agree that MOVEGAMES is the owner of the software for copyright purposes and for all other intellectual property rights anywhere in the world and you agree that MOVEGAMES retains all rights which such laws grant to the owner. You may not modify or alter the software, you may not create any derivative works from the software and you may not disassemble or use the software to reverse engineer the software.

SOFTWARE WARRANTY

Any software which you obtain from MOVEGAMES is subject only to the express warranties provided in any separate software license agreement. MOVEGAMES EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY ANY APPLICABLE LAWS, ANY IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. THIS WARRANTY IS NOT SUBJECT TO MODIFICATION BY COURSE OF DEALING.

OWNERSHIP OF CHARACTERS AND OTHER ASPECTS OF THE MOVEGAMES SERVICES

All rights and title to the MOVEGAMES Services remains with MOVEGAMES. This INCLUDES, but is not limited to, the portion of the Services which are enjoyed, viewed and sometimes controlled by the User, including, but not limited to, account information, themes, sounds, characters, names of characters, names of objects, artwork, animation, moral rights, dialogue from both users and computer generated characters. For example, and without limitation, this means that MOVEGAMES can prohibit and is not obligated to recognize as valid any sale, trade, barter or other exchange of the right to a Character, or an item, or a User Account.

LIMITATION OF LIABILITIES

MOVEGAMES, INCLUDING ITS EMPLOYEES, AGENTS AND SHAREHOLDERS, SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY FOR DAMAGES, WHETHER TERMED AS INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, COST OF SUBSTITUTE SERVICES, GOODWILL, HARM TO REPUTATION OR ANY OTHER. THIS PROVISION APPLIES TO ANY CLAIM BASED ON THE USE OR PROBLEMS WITH THE USE OR DELAY IN THE USE OR INABILITY TO USE THE MOVEGAMES SERVICES, EVEN WHERE THE SOLUTION TO THE PROBLEM IS ALLEGED TO HAVE BEEN WITHIN THE CONTROL OF MOVEGAMES AND EVEN WHERE IT IS ALLEGED THAT MOVEGAMES KNEW, OR SHOULD HAVE KNOWN, OF THE PROBLEM OR THE POTENTIAL FOR DAMAGES.

It is agreed that this Limitation of Liabilities is an essential part of these Terms of Use. If you are not willing to agree to this Limitation of Liabilities then MOVEGAMES is not willing to provide you with access to the MOVEGAMES services. If you use the services, in any way, then you are accepting this Limitation of Liability. Some jurisdictions may restrict or deny the ability of MOVEGAMES to disclaim warranties and/or damages. In such circumstance, or in any other event where a court, arbitration or other tribunal determines that the Limitation of Liabilities should be disregarded, then you agree that the absolute maximum damages which you may be entitled to receive from MOVEGAMES, including all forms of damages, fines and penalties, is the sum of $100.

INDEMNIFICATION

You agree that you will defend, indemnify and hold MOVEGAMES (including its employees, agents, officers and directors) harmless from and against any lawsuits, claims, fines, penalties, settlement and judgments (including attorney’s fees and costs) which result from your breach of these Terms of Use by you or from any violation of the law by you relating to your use or abuse of the MOVEGAMES services.

WARNING ABOUT POTENTIAL HARMFUL PHYSICAL AND MENTAL EFFECTS

In rare circumstances some people may suffer adverse physical, emotional or mental injury from use of computers and online gaming systems. This can include, but is not limited to, seizures (which can be mild or very serious), nausea and eye strain. Some people also claim that they have become emotionally dependant on gaming. IF YOU EXPERIENCE ANY UNUSUAL MEDICAL SYMPTOMS YOU SHOULD DISCONTINUE USING MOVEGAMES SERVICES UNTIL YOU HAVE CONSULTED A MEDICAL PROFESSIONAL.

INTERNATIONAL USAGE LIMITATIONS

MOVEGAMES services are accessible, through the internet, on a worldwide basis. However, MOVEGAMES does not warrant or represent that the MOVEGAMES services are fully compliant, or will remain fully compliant, with legal requirements in every geographic location. Usage of the MOVEGAMES services from any geographic location where they are not fully compliant with legal requirements constitutes a violation of these Terms of Service. You are responsible for the payment of any taxes, fines or penalties which are owed to any governmental authority as a result of your usage of the MOVEGAMES services.

NO PROMISE OF EDITING OR MONITORING

MOVEGAMES employees will, from time to time, undertaken to monitor, supervise and handle violations of these Terms of Use and to apply other standards to enhance the enjoyable use of MOVEGAMES services. However, MOVEGAMES does not and cannot ensure that all inappropriate user speech and conduct will be noted, reviewed or dealt with. All users must assume that they will, from time to time, encounter communications or conduct which they might find offensive, annoying or even illegal. You should only use the MOVEGAMES services if you are willing to assume responsibility for any consequences which might result from exposure to such communications and conduct, whether by you or by any person to whom you have provided access to the MOVEGAMES services.