Pokémon Trading Card Game Pocket Terms of Use
Thank you for using Pokémon Trading Card Game Pocket. The Pokémon Company and its affiliates (collectively, “we,” “us,” or “the Company”) hope that you enjoy it! These Terms of Use (the “Terms”), along with the Privacy Notice for Pokémon Trading Card Game Pocket (“the Privacy Notice”), govern your use of the Service (as defined in Article 1 below), including, without limitation, how you use all information, pictures, graphics, upgrades, content, features, and services available within the Service. By accessing and using the Service, you agree and consent to the Terms and the Privacy Notice. If you are a minor in your country or region where you reside, you acknowledge that your parent or guardian has reviewed and consented to your use of the Service subject to the Terms and the Privacy Notice. If you or your parent or guardian does not agree to the Terms or the Privacy Notice, do not use the service.
Article 1: Definitions
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The terminology used in the Terms will be defined as the following:
- “Users” are customers who use the Service.
- “Service” is the service provided through the Pokémon Trading Card Game Pocket application or the Official Website via the internet.
- “Payment Processor” is a platform provider that the Company uses for payment processing in connection with the Service.
- “Paid Services” are the features provided for a fee within the Service. For details regarding the Paid Services, please see the Application Procedure.
- “Application Procedure” is the prescribed procedure that a User must carry out with the Payment Processor to start using the Paid Services.
- “Termination Procedure” is the prescribed procedure that a User must carry out with the Payment Processor to terminate the Paid Services.
- “Fee” is the fee for using the Paid Services.
- “Period of Use” is the period of use for the Paid Services.
- “Official Website” is the official website of Pokémon Trading Card Game Pocket.
- “Virtual Content” is a generic term for the products and services available at no cost or for purchase within the Service, including, without limitation, virtual currency, “Poké gold,” and other items, which may be used within the Service to access certain features, functions, and other virtual content. In this service, we call virtual currency “Poké gold.”
Article 2: Minors
Users who are minors can use the Service only if their parent or guardian has consented to their use of the Service subject to the Terms and the Privacy Notice, and minors can purchase Virtual Content only if their parent or guardian has consented to the purchase of the Virtual Content.
Article 3: Scope of the Terms
All methods of use, rules, and any other regulations regarding the Service stipulated by the Company, regardless of naming, will form a portion of the Terms.
Article 4: Content within the Service
The content within the Service does not have monetary value and may not be redeemed for legal currency or items of value outside of the Service. The content within the Service is provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Service. You have no property interest; no right or title in or to any content appearing or originating in the Service, and such content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to use the content within the Service at any time and at our sole discretion.
Article 5: Application for Paid Services
- The Application Procedure must be carried out before using the Paid Services. The Application Procedure will vary for each Payment Processor. For details, please see the guide provided by each Payment Processor.
- The Fee, the Period of Use, and other terms are defined in the Application Procedure.
- You may use the Paid Services immediately after successfully completing the Application Procedure.
- We may, at our discretion, license the use of the Paid Services for free or at a discounted fee to certain Users.
- We may, at our discretion, modify the Fee at any time. Any modification of the Fee that is made during the Period of Use corresponding to the Application Procedure which has already been carried out will apply starting from the next renewal of the Period of Use.
- You will pay the Fee according to the payment terms stipulated by each Payment Processor.
- Once you have completed the Application Procedure, you may not cancel or void the Application Procedure. If you wish to terminate the Paid Services, you must instead complete the Termination Procedure as described in Article 7. You agree that you will not commit any fraud against the Company. If your credit card declines the payment of an amount billed to your account, we have the right to suspend your use of the Paid Services.
- If a dispute should arise between a User and a Payment Processor regarding the payment of the Fee, the User will be responsible for resolving the dispute. To the fullest extent permitted by applicable law, we will not accept any responsibility for the dispute. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
Article 6: Renewal of the Paid Services
- Unless you complete the Termination Procedure by the time specified by the Payment Processor with which you carried out the Application Procedure, the Period of Use will be automatically renewed for the same period as the Period of Use for which you have carried out the Application Procedure and you will be responsible for paying the Fee for the renewed Period of Use.
- The previous clause may not be applicable depending on the region where a user resides, a user’s age, and/or the Payment Processor. Please see the guide provided by each Payment Processor.
Article 7: Termination of the Paid Services
- If you wish to terminate the Paid Services, you must complete the Termination Procedure. The Termination Procedure must be carried out with the Payment Processor with which you carried out the Application Procedure. For details regarding the Termination Procedure, please see the guide provided by each Payment Processor. Unless the Termination Procedure is completed, the use of the Paid Services will automatically continue regardless of your intention or circumstances, such as the upgrading of your device. Please note that even if the application for the service is uninstalled from your device, unless the Termination Procedure is properly completed, payment for the Paid Services will continue. Even after the Termination Procedure has been completed, if there is any remaining period in the Period of Use, you may continue using the Paid Services until the last day of such period. Even if you complete the Termination Procedure, we will not issue any refund for the remaining period.
- If the Termination Procedure has been completed and the Period of Use has expired, you will not be able to continue your use of the features within the Paid Services. If you wish to use the Paid Services thereafter, you must carry out the Application Procedure again.
- The previous two clauses may not be applicable depending on the region where a user resides, a user’s age, and/or the Payment Processor. Please see the guide provided by each Payment Processor.
Article 8: Price of the Service
- The Service is free to start; however, we may permit you to use “real-world” money to buy in-service Virtual Content. Certain features of the Service, including certain Virtual Content, may be unavailable if not purchased. We may, from time to time, and at our sole discretion, provide opportunities for you to acquire certain Virtual Content at no cost, at reduced rates, or as bonus content (including bonus Poké gold) when you acquire other Virtual Content. For the avoidance of doubt, receiving free content, including bonus Poké gold, will not be considered “purchased” for legal purposes.
- You may only purchase Virtual Content in the amount and at times permitted by us at our sole discretion, and only for your personal use. We may change the price and availability of Virtual Content at any time.
- Users will pay for Virtual Content in accordance with the payment terms stipulated separately by the Payment Processor.
- You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event that your credit card company refuses payment for an amount credited to your account, we will have the right to delete previously acquired Virtual Content and cease access to all other Virtual Content.
- Virtual Content does not have monetary value and may not be redeemed for legal currency or items of value outside of the Service. Virtual Content obtained via the Service is provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the service. You have no property interest; no right or title in or to any Virtual Content appearing or originating in the Service, and Virtual Content may not be transferred or resold in any manner unless it is explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.
- If a dispute should arise between a User and a Payment Processor regarding the payment of the Fee, the User will be responsible for resolving the dispute. To the fullest extent permitted by applicable law, we will not accept any responsibility for the dispute. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover the sums due, including attorneys’ fees and other legal expenses.
Article 9: Return/Refund Policy
FEES THAT HAVE BEEN PAID BY USER FOR THE VIRTUAL CONTENT CANNOT BE EXCHANGED FOR CASH OR CREDIT UNLESS REQUIRED BY LAW. YOU ALSO ACKNOWLEDGE THAT WE WILL NOT REFUND MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, UNLESS REQUIRED BY LAW WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a cooling-off period that allows you to withdraw from a purchase. Nothing herein is meant to limit your return, cancellation, or refund rights for your purchase of the paid Virtual Content and/or Paid Services under local law. If a refund is granted to you, we have the right to delete Virtual Content that had been acquired with the amount that was refunded.
Article 10: Changes to the Service and the Terms
- We may, at any time, modify the contents of the service (including the Virtual Content and the Paid Services) without notifying you. Installation of the updated version of the application may be required in order for you to continue using the service and we are under no obligation to continue to provide either support or updates for versions that are not up-to-date.
- We will modify the Service and the Terms at any time we deem necessary.
- If we change the Terms, that information will be published within the Service or on the Official Website. Changes to the Terms will take effect the moment they are published through the Service or the Official Website. We will consider your continued use of the Service as acceptance of the updated Terms.
Article 11: Login and Account Linking
- Users can link their account with one or more accounts for services provided by third parties that we specify. When using the account linking function, Users shall comply with the terms of use, privacy notice, and other conditions stipulated by the issuer of such account, in addition to these Terms of Use, Privacy Notice, and other conditions set forth by the Company. We make no warranty with respect to such account and assume no liability for any disadvantage or damage caused to Users in connection with such accounts.
- When Users use the account linking service, Users may not cancel the linking except in cases specified by the Company, and the use of the Service may be limited, in whole or in part, due to measures such as suspension of use of the account linked with the Service or country and region settings of the account linked with the Service. We will not be liable for any disadvantage or damage suffered by you as a result of the account linking service.
- Users cannot log in and use the same account linked with this Service from multiple devices at the same time.
Article 12: Transfer upon Upgrading of Devices
You can transfer the data to a different device by following the procedure stipulated by us in the Service.
Article 13: Personal Information
Personal information provided to us through the Service by a User will be handled in accordance with the Privacy Notice, which we may modify from time to time as we determine necessary.
Article 14: Responsibilities of Users
- You are responsible for your own use of the Service.
- We do not guarantee to you that there are no defects or bugs in the Service, and we will bear no responsibility for repairing defects or bugs.
- We offer no guarantees whatsoever regarding the use of the Service or the Virtual Content on all devices.
- If you cause damage to us or others by using the Service, you will be personally responsible for the costs of compensating for the damage.
- The Service may contain links to websites operated by third parties. We bear no responsibility whatsoever regarding the contents of said websites.
- We will provide the Service based on information from you. We are not responsible for any loss or damages incurred by you due to errors or inaccurate information provided by you.
Article 15: Intellectual Property Rights
Users will not obtain intellectual property rights, claim rights, or any other rights whatsoever to any of the contents contained in the Service, including, without limitation, User data, aggregate information, or other information relating to the use of the Service. Use of content outside of the Service is also prohibited.
Article 16: Suspension / Modification / Termination of the Service
- We may, in our sole discretion and without notice, restrict, modify, terminate, or suspend your use of all or some of the features or contents of the Service. Such restrictions or modifications may include, but are not limited to, game balance adjustments, bug fixes, and graphics improvements.
- We may notify Users through the Service or the Official Website at least 30 days in advance if the Service is to be terminated.
- We may also, at our sole discretion and without notice, suspend, modify, or terminate your User profile and delete all related information for reasons including if we find that you have violated the Terms, Privacy Notice, and/or any other applicable laws.
- Even in the cases listed in the previous clauses, we will not, except as otherwise required by applicable law, accept any responsibility for the Users.
Article 17: Prohibited Actions
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We prohibit the following actions:
- Allowing others to use your account, support ID, or password, or using others’ accounts, support IDs, or passwords.
- Acquisition of Virtual Content and other data on the Service through unlawful methods.
- Providing data from the Service to others.
- Buying or selling Virtual Contents or data on the Service, with real currency such as cash or electronic money (so-called “real money trade”), or soliciting, assisting, or mediating such buying or selling.
- Reproduction of data from the Service as well as providing said reproduction to others.
- Violating our, or others’, intellectual property rights or any other rights, including, but not limited to, creating derivative works based on the content within the Service, or any part thereof, or reproducing, distributing, disclosing, or publicly performing the Service or any parts thereof.
- Using the Service for the benefit of any third party (not subject to these Terms of Use), including, without limitation, in an outsourcing, service bureau, or time-sharing arrangement.
- Using any unauthorized third-party software or other technological means (for example bots, mods, hacks, and scripts) to modify the application for the Service.
- Infiltration of the server operating the service.
- Actions that may cause a malfunction, bug, or other defect with the servers that operate the Service.
- Excessively and unnecessarily installing the application for the Service on numerous devices.
- Development of an unlawful program, tool, or app, regardless of naming, whose goal it is to use the Service unlawfully. Also, providing said program, et cetera, to others, or allowing them to use said program, et cetera.
- Any alteration (including falsification), reparation, adaptation, creation of derivative works, decompiling, disassembly, or reverse engineering of the Service's data, or any other similar actions.
- Having others perform any of the actions listed above or influencing others to perform any of the above actions.
- Aiding others in performing any of the actions listed above or facilitating them with your own actions.
- Actions that we have notified Users, or announced through the Service or the Official Website, are prohibited.
- Any and all actions that would hamper the operations of the Service.
- Attempts to circumvent any restriction in the Service based on age, geography, or other restrictions imposed by us.
- Any and all actions we judge to be unsuitable.
- Any of the above may result in corrective action at our sole discretion.
Article 18: Indemnification
You agree to indemnify, defend, and hold us and all affiliated companies, and all officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees thereof, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service. You shall use your best efforts to cooperate with us in the defense of any claim brought by a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Article 19: Disclaimers
- You understand that the Service is provided to you “AS IS” and may not work on every device or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE APP, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, OR CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SERVICE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT, NOR WILL ITS AFFILIATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES THEREOF, BE LIABLE WITH RESPECT TO THE SERVICE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF THE COMPANY OR ITS LICENSORS OR AGENTS, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
- If, despite the disclaimers provided above, we are found responsible for any loss or damage caused to a User, the range of that responsibility will be limited to ordinary damages that directly affected the User and will not include compensation for lost wages or any other special damages. In addition, the total sum of damages will be limited to the total amount paid by a User for the Service or 100 JPY, whichever is higher, except as otherwise required by applicable law.
Article 20: Governing Law / Jurisdiction
- The Terms will be interpreted in accordance with Japanese law.
- In disputes between us and the Users, the Tokyo District Court will have exclusive jurisdiction in the first instance over the said disputes.
Article 21: Links to Third-Party Sites
In the course of using the Service, you may be provided links from the Service to other websites, either controlled by us, an affiliate, or an unaffiliated third party. Once you leave the Service, the Terms will no longer apply, and you will be subject to the terms of service and privacy notices of the linked websites.
Article 22: Feedback
We may provide you with opportunities to let us know what works and what does not work with the service. If you respond to any of our requests for information, or if you report errors in the service or any other problems you discover with the Service, you agree that any right you may have created in such feedback will be assigned to us (including the rights provided for in Articles 27 and 28 of the Copyright Act).
Supplementary Provisions
ADDITIONAL TERMS APPLICABLE ON YOUR COUNTRY/REGION OF RESIDENCE
Additional terms may apply depending on your country/region of residence. If you reside in South Korea, please review and consent to the Terms in Korean and if you reside in Taiwan, please review and consent to the Terms in Traditional Chinese.