Kotori Bounce! Terms and Conditions

These terms of service (“TOS”) apply to you and The company, PVP Co., Ltd. (“PVP Inc.” or “PVP”) regarding your use of Kotori Bounce!, and related services (“Services“). Use of the Services is also governed by PVP’s Privacy Notice (available at https://www.pvp.co.jp/security/), which is incorporated by reference.

As used in these Terms of Service:

• "The Company" means PVP Co., Ltd. (+ SHIFT Shiba Daimon, 2-1-16 Shiba Daimon, Minato-ku, Tokyo, Japan - Representative Director Keiichi Ishida).
• "This Application" means the mobile game “Kotori Bounce!”
• “This Service” means all the services related to This Application.
• “User Contributions” means any content, including but not limited to text, images, video, audio, game content, and other materials, that users submit, upload, post, or otherwise make available online or in any other form.

As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

Unless otherwise specified, the Services do not require you to pay money to use or download. You may be required to have an internet connection to access or use all of the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

1. Right to Use the Services

Subject to these TOS, PVP hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as set forth above, you do not receive any other license. PVP retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without PVP’s prior written consent. PVP reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from PVP or its authorized partners.

2. Right of Withdrawal

If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), this Section applies to you.

You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You are not required to give a reason for exercising the right of withdrawal.

To withdraw from these TOS, you must discontinue your use of the Services.

3. Code of Conduct

You agree that you will not, under any circumstances:

• Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
• Use the Services in violation of any applicable law or regulation.
• Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
• Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
• Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including PVP employees, directors, officers, and customer service representatives.
• Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a PVP employee, director or officer.
• Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
• Engage in any act that PVP deems to conflict with the spirit or intent of the Services or make improper use of PVP’s support services.

4. User Contributions

In exchange for use of the Services, you hereby grant PVP a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.

Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to PVP’s (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to PVP and waiver of any applicable moral rights survives any termination of these TOS.

PVP and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to PVP or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere.

5. User Interactions

PVP assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. PVP does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

You acknowledge that PVP is not a party to any dispute you may have with any other user(s) of the Services. PVP has no obligation to become involved in any such dispute. You release PVP and its subsidiaries (and PVP’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

6. Suspension and Termination for your Breach

We reserve the right to take the following actions (i) limit, suspend, and/or terminate your access to the Services with or without prior notice to you, (ii) send a notice requiring you to immediately cease any usage of our Services.

7. Availability, Compatibility, and Changes to the Services

PVP does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, PVP reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. Where appropriate, PVP will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, PVP may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if PVP believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.

The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Services are intended to evolve over time. Accordingly, PVP may change, manage, modify, or update the Services or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). PVP may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing game content and features according to PVP’s development roadmap, adapting to new technologies, reflecting changes to PVP’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).

8. Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. PVP does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. PVP does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by PVP, its employees or other representatives constitute a warranty.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which PVP may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.

9. Limitations of Liability

In no event will PVP be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not PVP has been advised of the possibility of such damages.For purposes of this Section “Limitations of Liability,” PVP’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

You agree to indemnify, defend and hold PVP and its subsidiaries (and PVP’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

10. Third-party Products and Services

The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which PVP is not a party. You understand that PVP neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. PVP is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand PVP’s Privacy Notice does not apply to such data.

11. Changes to these TOS

PVP may update these TOS from time to time in response to changing legal, technical, or business developments. It is your responsibility to periodically review the TOS for any updates by referring to the "Last Updated" timestamp at the top of this page.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

12. General

Entire Agreement: These TOS set out the entire agreement between you and PVP regarding the Services and supersede all earlier agreements and understandings between you and PVP.

Assignment: PVP may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without PVP’s prior written consent, and any unauthorized assignment and delegation by you is void.

No Waiver: Any failure by PVP to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of PVP.

Contact Information: If you have any questions about these TOS, please contact PVP via this form.