Terms of Use

This User Agreement (“Agreement”) is a legal agreement between you and GENMUGAME CO., LTD. (“GENMU,” “we,” “our,” or “us”) regarding the Services you use. “Services” include our Games, websites, software, and other materials related to our Games. “Game” refers to any game you download and access under this Agreement, regardless of the platform.

If you are a resident of the United States, Article 17 applies to you. For other countries, refer to our terms and conditions below.

Please read these terms carefully before registering or using our Services, especially those concerning liability. These terms may change, and we encourage you to review them regularly. By continuing to use our Services after updates, you accept the revised terms.

IF YOU ARE UNDER 18 OR THE AGE OF MAJORITY WHERE YOU LIVE, YOU MUST HAVE A PARENT OR GUARDIAN'S PERMISSION TO OPEN AN ACCOUNT, AND THEY MUST AGREE TO THIS AGREEMENT. IF YOU ARE A PARENT OR GUARDIAN, YOU ARE RESPONSIBLE FOR ALL ACTIVITIES ON THE ACCOUNT CREATED BY YOUR MINOR, INCLUDING ANY TRANSACTIONS.

Article 1: GENMU Account & Password

1. To use 【Elpis:Fallen Star】 Services, you must register for a 【Elpis:Fallen Star】 Account. By registering, you agree to this Agreement. If you do not accept the terms, you cannot create an Account.
2. You must provide and maintain accurate information. Failure to do so may result in suspension or termination. Usernames must not be offensive; we may request changes for terms violations.
3. Keep your Account information confidential. You are responsible for all activities under your Account, even if unauthorized.
4. You may not gift, lend, transfer, or use another's Account. Unauthorized use may lead to immediate termination without a refund.
5. We may terminate your Account for non-compliance. You cannot re-register without permission.
6. Report any unauthorized use or security breach immediately. We may suspend or terminate the Account and provide a method to change your password.
7. We will never ask for your password. Keep it secure; any unauthorized use will be your responsibility.
8. If you forget your password, notify us. We are not responsible for losses due to forgotten passwords.
9. Follow our procedures to continue using your Account if you change your device.
10. You can request Account deletion by following our guidelines. Deletion will remove all game data. Unlinking your Account will restrict access to certain games.

Article 2: Statement

1. This Statement may change if minor protection policies in your country/region change.
2. You confirm you are over 13. If you are underage according to local laws, your parent or guardian must agree to this Agreement and consent to your use of our Services.
3. By registering and logging in, we assume you meet the legal age requirements. If we discover personal information from someone under 13, we may delete it as required by law.

Article 3: Application Scope of the Agreement

This Agreement governs the rights and obligations related to the Services provided. Game management rules available on the platform or within the game also form part of this Agreement.

Article 4: Scope of Services

1. Services include all game content accessed via your device but exclude internet service costs and hardware. You are responsible for these expenses.
2. Virtual items purchased in-game are handled through Google Play (Android) or in-app purchases (iOS). Ensure you agree to payment partners' terms. If a transaction fails, your purchase will not be completed. Once payment is processed, we will fulfill your order promptly.

Article 5: Personal Information

1. We use safety measures and technology to protect your personal information from unauthorized use or access.
2. Your personal data is used to fulfill this Agreement and in accordance with relevant laws.
3. We may use aggregated membership statistics for legal and public purposes, provided they do not disclose personal identity.
4. We may disclose personal information or game data if required by law or to protect our rights, property, or safety, or to respond to service requests.
5. Review our Privacy Policy for details on how we protect and use your personal information.

Article 6: Game Interaction

1. Our games may allow you to play against or with other users, either randomly selected by us or from your contacts. We may display past opponents’ names for easy re-matching.
2. We may use criteria such as past scores, or game level for user selection.
3. By playing our games, you agree that your display name, scores, avatar, and status may be publicly displayed without payment. Other users can search for you by User-ID, but only your display name will be shown publicly.

Article 7: Virtual In-Game Items (Currency)

1. Virtual items (currency) will be deducted in the order of purchased items first, followed by any free items.
2. You may buy virtual items (currency) with real currency. They cannot be exchanged for real money, physical goods, or services, and must be obtained directly from us.
3. All virtual items (currency) are non-refundable unless required by law due to the nature of online services.
4. We can modify or remove virtual items (currency) at our discretion and are not liable for any losses if your account is suspended or terminated.
5. Changes to in-game items or payment standards are normal, and you will not be compensated for these adjustments.

Article 8: Operation & User Responsibilities

1. We maintain our systems to a reasonable standard but are not liable for system failures.
2. Follow all applicable laws. If restricted by law, stop using the Services and ensure your information is accurate.
3. You are responsible for any Content you upload or transmit. We may delete Content that violates terms or harms our reputation but are not liable for related issues.
4. You may not upload or share:
 o Illegal, harmful, or offensive material
 o Content infringing on privacy or intellectual property
 o Content promoting violence or hatred
 o Content with viruses or unauthorized ads
 o Content violating laws
5. You may not:
 o Harm or harass others
 o Use the Services for fraud or commercial purposes
 o Disrupt or attempt to hack the Services
 o Provide false information
 o Mislead or disguise Content origins
 o Violate laws or regulations
6. For serious or repeated violations, we may block communication, suspend or terminate your account, and seek compensation for damages.

Article 9: Information Disclosure

1. We may provide game-related information on the platform.
2. You have no right to request internal details on scoring methods or virtual item probabilities, unless required by law.
3. All in-game data, including characters, items, and abilities, is designed by us. We may adjust parameters to ensure game fairness and will announce such changes.

Article 10: Game Updates & Suspension

1. The game is continuously developed. We may update or change the game and request that you accept these updates. If you do not accept updates, some features may be restricted.
2. We may remotely update or patch the game software. By using our Services, you grant us permission to apply these updates.
3. We may modify or suspend the game or Services at any time, with or without notice.
4. We may suspend or terminate Services without notice due to:
 o Natural disasters, power failures, or unforeseen events.
 o System maintenance or network issues.
 o Other necessary reasons as deemed by us.
5. We are not liable for losses due to changes, suspensions, or terminations, except as required by law.
6. If you do not log in for a year, we may notify you to log in within fifteen days. Failure to do so may result in account deactivation and forfeiture of virtual items.

Article 11: Termination of Operation

1. If we terminate the game Services, we will announce it on our website and in-game. Unused virtual items or remaining game Services may be refunded or compensated at our discretion.

Article 12: Intellectual Property Rights

1. Our Services and Content are owned by us or our licensors. You are granted a non-exclusive, non-transferable license to use the Services for personal use only.
2. You retain ownership of Content you upload but grant us a free, non-exclusive, sublicensable license to use it for various purposes, including promotion.
3. All game-related materials are protected by copyright. You may not copy, modify, or use them commercially without our permission.
4. Do not provide game operation or hosting services, reverse-engineer, modify the game, or use unauthorized tools.
5. Any data generated during gameplay, except personal information, is owned by us. You have limited rights to use game data.
6. GENMU retains all rights, titles, and interests in the Services. You have no rights beyond those explicitly granted.
7. We enforce copyright laws and may terminate accounts of users who infringe on copyright.

Article 13: Responsibility Limitations

1. We are not liable for any indirect, incidental, special, or consequential damages (including loss of data, service interruption, device failure) arising from the use or inability to use the Services, even if we have been advised of the possibility of such damages.
2. We provide Services with reasonable skill and care similar to other providers. If you encounter issues or are dissatisfied with our Services, you may contact us or stop using them. We are not responsible for interruptions or errors unless explicitly stated in this Agreement. Your sole recourse for any dissatisfaction is to terminate your account and discontinue use.
3. We are not responsible for any of the following:
 (a) Losses or damages not caused by our violation of this Agreement.
 (b) Losses or damages neither party could reasonably foresee at the time of the Agreement.
 (c) Losses caused by your violation of this Agreement.
 (d) Losses arising from technical failures or availability issues beyond our control.
 (e) Losses related to third-party websites, content, products, or services linked through our Services. We do not endorse or control these third-party sites or their content.
4. We are responsible only for foreseeable losses or damages arising directly from our negligence or violation of this Agreement, up to the amount you paid us within the 90 days preceding your claim.
5. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, these terms may not apply to you. You may have additional legal rights in your jurisdiction, which this Agreement does not prejudice.

Article 14: Indemnity

You agree to indemnify and hold GENMU and its members, directors, officers, employees, and agents harmless from any costs, losses, claims, damages, or expenses (including attorney fees) arising from your misrepresentation, negligence, omission, or breach of this Agreement. This indemnity applies regardless of whether legal proceedings are initiated or resolved.

Article 15: Separability

If any part of this Agreement is deemed invalid or unenforceable, it will be modified to remain consistent with the law while reflecting our original intent. The rest of the Agreement will remain in force.

Article 16: Waiving of Rights

Our failure to enforce any rights does not waive them. Waivers are only valid if provided in writing and signed by us.

Article 17: Dispute Resolution

This section applies if you reside in the United States.
By accepting these terms, you and GENMU agree to:
 a) Mandatory, Binding Arbitration
  1. Disputes: Resolve all disputes related to this Agreement or your use of the Game through binding arbitration under the Federal Arbitration Act.
  2. Waivers: You waive the right to a trial by jury, class actions, or consolidated claims.
  3. Procedure: Arbitration will follow AAA’s Commercial Arbitration Rules and will be conducted in English, with options for electronic submissions or teleconferences.
  i) Pre-Arbitration
  • Notice: Attempt to resolve disputes informally by sending a written notice to GENMU at #505 Hashimotobiru 5-4-5 Asakusabashi, Taito-ku, Tokyo-to 111-0053 Japan, Attn: GENMU_CS. If unresolved in 30 days, arbitration may be initiated.
  ii) Excluded Claims
  • Exceptions: This does not prevent you from bringing claims to government agencies or small claims courts.
  iii) Severability
  • Enforcement: If any part of this Agreement is unenforceable or if you submit a valid Opt Out Notice, the remaining terms still apply.
 b) Class Action Waiver
  1. Individual Claims: All claims must be individual; class actions and representative proceedings are waived.
  2. Enforcement: If the Class Action Waiver is unenforceable, claims will be governed by applicable laws and may be pursued in Santa Clara County, California courts.
 c) Opt Out Procedure
  1. Form & Address: To opt out, send a written Opt Out Notice to #505 Hashimotobiru 5-4-5 Asakusabashi, Taito-ku, Tokyo-to 111-0053 Japan, Attn: GENMU_CS, via first-class mail or overnight courier.
  2. Timing: The notice must be sent within 30 days of purchase or use of the Game.
  3. Information: Include the Game title, your name, address, contact details, usernames, and a statement of opting out.
  4. Effects: A proper Opt Out Notice will exempt you from arbitration and/or class action waivers for the specified Game.
  5. Improper Notice: An improper notice will not exempt you from arbitration and class action waivers.

Article 18: Limitation on Claims

To the fullest extent permitted by law, any claim related to this Agreement or GENMU Services must be made within one year from the date you become aware of the claim or the date the claim arises, whichever is earlier. Claims not filed within this period are permanently barred.

Article 19: No Assignment

You may not assign, transfer, or subcontract your rights or obligations under this Agreement without prior written consent from GENMU. GENMU reserves the right to terminate services if this is violated. GENMU may assign, transfer, or subcontract its rights or obligations at any time.

Article 20: Miscellaneous

1. We urge you to read this Agreement carefully, particularly the clauses limiting liability and restricting user rights.
2. The terms of this Agreement, along with our privacy policy and other statements, form a complete legal understanding and have the same binding effect.