These terms of use ("Agreement") set forth the conditions of use of the application "LAST CLOUDIA" ("Application") and such other products, services, features, and content that may be provided from time to time through the Application (together with the Application, collectively, the "Services") by AIDIS Inc., a Japanese corporation ("Company"). By using the Services, you agree to this Agreement. If you do not agree, do not install or use the Services.
The terms used in the Agreement are defined as follows:
(1) "User" means a person who installs the Application, agrees with the terms of the Agreement, and uses the Services.
(2) "Website" means the official website of the Services (
https://www.lastcloudia.com/en/).
(3) "Device" means an electronic device, such as a smartphone, tablet, and the like, on which you can install and use the Application.
(4) "Game Data" means all data (including level, status, crystal balance, items, and all other information that is obtained through use of the Services by the User) related to the Services.
(5) "Crystal" means the in-game virtual currency that can be used solely to exchange for items in the Application.
(6) "Personal Information" means information related to living individuals, including a person's name, date of birth, or other information or personal identification code that can be used to identify a specific individual (including information that can easily be compared with other information to identify a specific individual).
(7) "Intellectual Property Rights" means rights related to copyright, patent rights, utility model rights, design rights, trademark rights, know-how, and all other intellectual property rights (including the right to apply to register such rights).
1. The Agreement is between the User and the Company.
2. If the Company has separately set forth terms that fall under the following items in relation to the Services, the User shall also use the Services in accordance with such terms:
(1) Privacy Policy;
(2) Notifications issued to the User by the Company; and
(3) Terms of use and guidelines of individual services that make up the Services.
3. In the event there are provisions in the terms set forth in the preceding paragraph that conflict with those of this Agreement, the terms of this Agreement shall prevail, except where it is explicitly stated that said provisions shall take priority.
1. The Company may make changes to the Agreement from time to time when deemed necessary, without the prior agreement of the User.
2. In the event the Company makes changes as provided for in the preceding paragraph, we will notify the User, such as by notifying the User inside the Application. Changes to the Agreement take effect from the time the Company notifies the User.
3. When the User uses the Services after changes have been made to the Agreement, use of the Services by the User will be deemed as acceptance of the updated Agreement.
(a) Subject to subsection (b) below, if you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. You represent and warrant that you possess the legal right, capacity and ability to agree to this Agreement and use the Application in accordance with this Agreement. If you are using the Application on behalf of a corporation or other entity, you represent and warrant that you are authorized to enter into this Agreement on behalf of, and bind the entity to, this Agreement and register for the Application and all references to "you" or "your" throughout this Agreement will include such organization, jointly and severally with you personally.
(b) You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to use the Services. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services. The Company recommends that parents and guardians familiarize themselves with parental controls on devices they provide to their child.
1. Users must register an account in order to use the Services.
2. Service accounts are non-transferrable. The User may not transfer, lend, trade, or pledge any of the User's usage rights in conjunction with the Services, including accounts, to a third party.
3. The information provided by the User when registering an account must be truthful, complete, and accurate. The User shall keep the information up-to-date following registration. The Company shall not bear any responsibility whatsoever for any issues that may arise from the User's failure to provide truthful, complete, and accurate information.
1. The User shall be responsible for managing the Device on which the account and Application reside.
2. The Company may regard any action performed under an account as an act of the User.
3. When the User becomes aware of unauthorized or illegal use of the account by a third party, or the possibility thereof, the User shall immediately notify the Company and take all reasonable and necessary measures to prevent the occurrence or spread of loss or damage ("Damages") that may arise from the illegal use of the account.
4. If the required User information is not registered, the Company may restrict use of all or part of the Services if we deem it necessary.
5. The User shall be wholly responsible for all acts performed and results thereof while using the Services.
1. The Services may be used for free, however, we may now, or in the future, charge fees for the use and provision of certain optional paid services.
2. The User shall be responsible for all expenses required to use the Services, including the cost of purchasing the device, data fees, and so on.
3. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such charges where applicable. Fees and charges may vary depending on your chosen payment method. The fees and charges for our products and services will be confirmed to you before you complete a purchase.
4. We may change the fees payable for the purchase of products or services at any time without any notice to you. We may also institute new fees for the use of the Services or any part thereof where a fee was not previously charged.
1. The User may purchase Crystals using the payment method that we may accept from time to time of the User's choice, such as credit card or carrier payment. We reserve the right to remove or amend the available payment methods at our sole discretion.
2. When the User purchases Crystals, the Company will grant Crystals to the User by storing and accumulating information in the account of the User.
3. The User may only use the Crystals in conjunction with the Services. The User may use Crystals that the User has purchased to purchase items for use with the Services.
4. The User acknowledges that due to the nature of Internet communications, there may be some delay between the time of completing purchase of Crystals and the time of receiving the Crystals.
5. The Crystals owned by the User shall expire if the User's account is deleted for any reason whatsoever.
6. The Company will not refund the purchase amount of Crystals nor exchange the amount for digital currency issued by a third party for any reason (including the provisions of the preceding paragraph), except when obligated to refund the amount pursuant the laws of your country of residence.
1. If any of the following items are applicable, the Company may delete, change, or migrate the game data in whole or in part without giving prior notice to the User.
(1) When provision of the Services ends;
(2) When the account of the User is deleted;
(3) When the Services are taken over by other services managed by the Company or a third party;
(4) When the content of the game data is in violation of the Agreement;
(5) When the amount of game data exceeds the limit separately stipulated by the Company, or there is a possibility thereof, or it becomes difficult for the Company to maintain the game data for technical or other reasons;
(6) When the Company deems it necessary for the provision or maintenance of the Services;
(7) When the Company deems that there may be hindrance to the smooth running of the Services;
(8) When the Company deems it necessary for other reasons;
2. The Company shall not be responsible for migration of the game data provided for in the preceding paragraph.
3. The Company shall not bear any responsibility whatsoever for Damages incurred by the User or a third party arising from performing or not performing migration of game data.
1. The Company shall notify the User by display while using the Services, by email, or other reasonable means, except where provided for separately under the Agreement.
2. If the User is notified by display while using the Services, it shall be deemed that notification of the User is complete as at the time of said display.
3. If the User is notified by email, it shall be deemed that notification of the User is complete at the time an email is sent to the email address of each User registered at the applicable point in time.
1. If the Company deems that any of the following are applicable in relation to the management and provision of the Services, we may change, restrict, temporarily suspend, or terminate the Services, in whole or in part, without giving the prior notice to the User:
(1) When unavoidable for operational or technical reasons, such as regular inspections and maintenance of a server;
(2) When there is interference to the normal use of the Services, such as power outages, equipment failure, or sudden increases in demand;
(3) When the Services can no longer be provided due to disposition by an administrative body or by decision of a court;
(4) When the Services cannot be provided due to a force majeure event such as a natural disaster;
2. When the Company terminates the Services for reasons other than provided for in the preceding paragraph, we may, at our discretion, give prior notice to the User in a way that we deem appropriate, such as on this website or by email, but may do so without the prior agreement of the User. However, suspension of the purchase of Crystals, suspension of the sale of items, or other partial termination of the Services may take place at the same time as when the User is notified.
3. The Company shall not bear any responsibility whatsoever in respect to the User in the event of a change, restriction, temporary suspension, or termination of the Services.
1. When using the Services, the User must not perform, nor instruct, instigate or coerce a third party to perform, any acts that fall under the following:
(1) Acts that violate, or risk violating, the Agreement, the laws of the User's country of residence, or public order and morals;
(2) Acts that disclose personal information of oneself or a third party;
(3) Acts that infringe, or risk infringing, the Intellectual Property Rights or other rights of the Company or a third party;
(4) Acts that unfairly discriminate against, slander, damage the credit of, infringe on the privacy of, or violate the trust of the Company or a third party;
(5) Acts that cause damage, or risk causing damage to, the Company or a third party;
(6) Acts that interfere with, or risk interfering with, the Services;
(7) Acts of fraud (including the use of a computer to commit fraud), disrupting business (including the use of a computer to disrupt business), illegal access, and using illegal programs or external tools to cause the game balance, to collapse;
(8) Pretend to be a third party to use the Services or in any way attempting to mislead any person as to your identity or the origin of any communication transmitted through the Application;
(9) Use the account information of a third party to use the Services;
(10) Grant, sell, or offer for cash or other consideration the game currency (Crystal) and items acquired in conjunction with the Services to a third party, or make other use of the Services for the purpose of making a profit;
(11) Acts that disclose, post, send, or distribute a virus that damages any equipment of the Company or of a third party;
(12) Analysis, duplication, copying, modification, addition, transformation, or secondary use, in whole or in part, of the software or data used by the Services;
(13) Acts not in accordance with the terms of use or operating procedure stipulated by the Company;
(14) Acts that interfere with operation of the Services;
(15) Any act of cheating or unfairly taking advantage of unintentional acts by the Company (including but not limited to defects, bugs, and failures), and acts performed with the purpose of benefiting oneself or a third party (including promoting the Services for an advantage) by using data that has been intentionally altered or by using a program that has not been approved by the Company;
(16) collecting or harvesting personal information, including account names, from the Application;
(17) Acts that promote information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(18) Other acts that the Company deems to be inappropriate.
2. The User shall bear full legal responsibility for any Damages incurred by the Company or a third party as a result of any acts by the User that are in violation of the Agreement.
You agree to indemnify, defend, and hold the Company and the Company's directors, officers, shareholders, agents, licensors, contractors and employees harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) arising out of: (i) your breach of this Agreement; (ii) your breach of any applicable law or regulation; (iii) your infringement or violation of the rights of any third parties (including Intellectual Property Rights); and (iv) any breach of the representations, warranties, and covenants made herein, by you.
1. You agree that we may, in our sole discretion, for any reason, subject to applicable law, and without penalty, terminate any account (or any part thereof) you may have with us or your use of the Services and remove and discard all or any part of your account or profile at any time. We may also in our sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or any portion thereof, may be affected without prior notice to you, subject to applicable law, and you agree that we will not be liable to you or any third party for any such termination. Upon termination for any reason, all licenses and other rights granted to you in this Agreement will immediately terminate and you must cease to use the Services. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. We reserve all rights and remedies against any person who violates this Agreement. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT MAY CAUSE IRREPARABLE HARM TO US AND YOU AGREE THAT, IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF AGAINST YOU FOR ANY SUCH VIOLATION WITHOUT HAVING TO POST A BOND.
2. To the extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services; (ii) any term of this Agreement; (iii) any policy or practice of ours in operating the Services; or (v) any content or information transmitted through the Services, is to terminate your account. You may terminate your account at any time by deleting your account with the Services and discontinuing use of any and all parts of the Services.
1. The Company shall bear no responsibility whatsoever for any temporary or long-term disruption to the Services, nor for the suspension or termination of the Services themselves.
2. The Company shall not bear responsibility for any Damages incurred by the User as a result of acts by a third party, such as unauthorized access to the Services or infection by computer virus.
3. The User agrees to use the Services at the User's own responsibility, and the Company shall not bear responsibility for any Damages incurred by the User or a third party that are caused by or in connection with the Services.
4. The Company will not grant returns, refunds, or restoration at the convenience of the User of Crystals that the User has paid for or used.
5. The Company shall not bear responsibility for any Damages incurred by the User resulting from issues, promises, warranties arising between the User and advertisers in conjunction with the Services.
6. The Company shall not bear responsibility for Damages incurred by the User from being unable to use the Services normally as a result of the User modifying or retrofitting the hardware or software of the Device, nor will take any action to restore use of the Services.
7. The Company shall not be liable to compensate for Damages incurred by the User as a result of lost or forgotten registration information, nor will take individual action to restore use of the Services. In addition, the same shall apply if the registration information is lost due to unauthorized use, loss, theft or failure of the Device on which the User uses the Services.
8. The Company has no obligation to respond to or address inquiries, feedback, concepts, ideas, feature requests, game designs, or any other creative ideas given by the User in relation to the Services (together known as "Submissions"), and will do so at its discretion. If you make any Submissions, you acknowledge that you understand that the Company is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for games or Services and likely has ideas that are similar or identical to your Submissions. In addition, you acknowledge that you will receive no compensation or credit and that your Submission is not confidential. By communicating the Submission, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant the Company a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the Submission without any liability, payment, or expense.
9. The Company shall have no obligation to fix bugs, perform other repairs, or make improvements to the Services.
WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS, EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO US, FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (ii) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR (iii) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR (iv) ANY CLAIM, DAMAGE OR LOSS (WHETHER DIRECT OR INDIRECT) ARISING FROM OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY UNDER THEIR OWN TERMS OF SERVICE OR ANY THIRD PARTY APPLICATION OR WEBSITE.
IN NO EVENT WILL WE, OR OUR SUBSIDIARY COMPANIES OR AFFILIATED LEGAL ENTITIES OR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS, EMPLOYEES OR CONTRACTORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED , IN THE AGGREGATE, THE AMOUNT PAID BY YOU AND COLLECTED BY US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE WHICH GAVE RISE TO THE MATTER FOR WHICH DAMAGES ARE SOUGHT.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
YOU AGREE THAT ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES MUST BE BROUGHT BY YOU WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST COULD BE FILED OR SUCH CLAIM IS PERMANENTLY BARRED.
SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THIS AGREEMENT CONSISTENT WITH SUCH PROHIBITIONS.
The Company makes no warranty that the information that the User obtains through use of the Services is authentic, accurate, complete, useful and reliable; that the information transmitted using the Services will be saved on the device, it will be received by the recipient, and will be displayed on the screen; and that the Application will run normally on all devices.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES DO NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES FURTHER DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
Your privacy is important to us. Our privacy policy can be found at https://dev-notice.world-en.aidis-games.com/info/privacypolicy_can_001.html and is hereby incorporated into this Agreement by reference. You are able to access the Services without disclosing any of your personal information to us - we do not knowingly collect any personal information from any User. Please read our privacy policy carefully for information relating to our collection, use, and disclosure of your personal information.
1. The Intellectual Property Rights and all other rights to the programs, software, documents, images, game data and all other information (hereafter "Content") that make up the Site and Services are protected by applicable intellectual property laws and are owned by the Company or third party that owns the applicable rights. We reserve all rights to the Content not expressly granted in this Agreement.
2. The Company grants the User a non-transferable, non-exclusive license to use the Content for personal, private, non-commercial use within the scope related to use of the Services during the term of this Agreement. The User only has usage rights to the Content within the scope provided for under the Services, and this does not constitute an ownership right to freely use, profit from or dispose of the Content, an Intellectual Property right, or other right. You agree not to sell, license, sublicense, distribute, copy, reverse engineer, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content.
1. In the event the User violates the Agreement, the Company may cancel and delete the account and accompanying data of the User without prior notice.
2. The Company shall not bear any responsibility for any Damages that may arise from the actions of the Company pursuant to the provisions of this Article.
3. All usage rights of the User to the Services lapse upon deletion of the account, regardless of the reason for the deletion.
1. If the Company incurs any Damages due to an act of the User, or if the Company incurs Damages as a result of receiving a claim from another user or third party, the Company may claim damages against the User, and the User shall promptly pay compensation to the Company.
2. If the Company incurs Damages due to a dispute between the User and another user or third party, the User must compensate the Company for the Damages incurred.
3. If the User is using the Services on multiple Devices at once with a single account, the User shall acknowledge that there is a risk of such use affecting the integrity of the data or causing another issue, and shall engage in such use at the User's own risk.
1. In the event the User causes a third party to incur Damages for reasons attributable to the User, in relation to use of the Services, or if a claim is received from a third party, the User must deal with and resolve the matter at the User's own responsibility and expense.
2. In the event the Company makes a request in order to investigate a dispute that has arisen with a third party in relation to the Services, the User must cooperate with such request.
The Application may include links or references to other web sites, applications or services ("Third-Party Sites") solely as a convenience to Users. We do not endorse any such Third-Party Sites, the information, materials, products, or services contained on or accessible through Third-Party Sites nor do we review or assume any responsibility for the same. Access and use of Third-Party Sites, including without limitation the information, materials, products, and services on or available through Third-Party Sites, is solely at your own risk and is subject to the Third-Party Sites' terms of use, privacy policy and other terms and conditions.
Even if some terms in the Agreement become invalid due to the Laws and Ordinances, applicable between the Company and the User, these will not impact on the other terms under the Agreement.
The Agreement is governed by and construed in accordance with Japanese law excluding any principles of conflicts of laws that would apply a different body of law.
You irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the City of Tokyo with respect to any matters arising from or related to the Services or this Agreement.
The Company cares about addressing Users' concerns in an informal and efficient manner. For any dispute the User has with us regarding the Application, the User agrees to first contact the Company and attempt in good faith to resolve the dispute informally.
The User hereby agrees and acknowledges that the User may only resolve disputes with the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action. The User further agree that, by entering into these terms, the User agrees that all claims and disputes shall be resolved under this Agreement. The User further waives any constitutional or statutory right to go to court and have a trial in front of a judge or jury on an individual, class action, or representative action basis. In the event any litigation should arise, between the User and the Company, in any jurisdiction, in a suit to vacate or enforce an arbitration award or otherwise, the User hereby waives all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agrees to take any and all action necessary or appropriate to effect such waiver.
The Application may be made available or accessed in connection with third party services and content that the Company does not control. The User acknowledges that different terms of use and privacy policies may apply to its use of such third party services and content. The Company does not endorse such third party services and content and in no event shall the Company be responsible or liable for any products or services of such third party providers. The User agrees to adhere to the terms of any Application store, mobile software platform, payment platform, or other third party services provided in connection with its use of the Application. The Company reserve all rights in and to the Application not expressly granted to the User under this Agreement. Your access to the Application is subject to terms set forth in the applicable third party's terms of service.
The Company may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to the User. The User may not assign this Agreement without the Company's prior, written consent. This Agreement will enure to the benefit of and bind the User and the Company and their respective personal and legal representatives, successors and permitted assigns.
Last updated on 5 March 2020