Please read the Terms of Service (“Terms”) and the Privacy Policy (“Privacy Policy”) carefully because they govern your use of “Synaptic Drive” (“Game” or “Services”) provided by Yunuo International Inc. (“we”). Where we provide you with a translation of the Japanese language version of the Terms, the Japanese version will govern the relationship between you and us. In the event of a contradiction between the Japanese version and a translation, the provisions in the Japanese version shall take precedence over any other translation.

1. Agreement to the Terms and the Privacy Policy
By using the Services, you agree to be bound by the Terms. You also understand that through your use of the Services you acknowledge the collection, use and sharing of your information as described in the Privacy Policy. If you don’t agree to the Terms and the Privacy Policy, please do not use the Services.

2. Changes to the Terms
We may modify the Terms at any time, in our sole discretion. The modification will become effective once the modified Terms are posted on the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

3. Who may use the Services
You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to the Terms.

4. Rights granted to you
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Game on applicable device that you own or control and to run such copy of the Game solely for your own personal non-commercial purposes. You may not copy the Game, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in the Terms, you may not: (i) copy, modify or create derivative works based on the Game; (ii) distribute, transfer, sublicense, lease, lend or rent the Game to any third party; (iii) reverse engineer, decompile or disassemble the Game; or (iv) make the functionality of the Game available to multiple users through any means. We reserve all rights in and to the Game not expressly granted to you under the Terms.

5. General prohibitions and our enforcement rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or the content or any individual element within the Services, our name, any of our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
- Attempt to access the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with the Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any activity to be objectionable or in violation of the Terms. We have the right to investigate violations of the Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

6. Your purchase of the Game
Your purchase of the Game is final and non-refundable. You acknowledge and agree that all billing and transaction processes are handled by certain game platform you downloaded the Game, and are governed by their terms and conditions. If you have any payment related issues, you may need to contact such game platform directly.

7. Virtual Items
We may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. We may manage, control, modify or eliminate Virtual Items at any time, with or without notice. The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither we nor any other person or entity have any obligation to exchange Virtual Items for anything of value. We have no liability for hacking or loss of your Virtual Items. Price and availability of Virtual Items are subject to change without notice. All purchases of Virtual Items made through the Services are final and non-refundable. If you request that your personal data to be erased as specified in the Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items as we can no longer associate such Virtual Items with you.

8. Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription”). Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Services. If you do not cancel the Subscription within such period, Subscription fee shall be taken when the trial period expires. Subscription is automatically renewable, unless you turn off it before designated deadline for rejection of the renewal. In case Subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit card or for any other reasons, your Subscription is automatically cancelled. You cannot cancel your current Subscription if it has already been activated. Except when required by law, paid Subscription fees are non-refundable. We in its sole discretion and at any time may modify the Subscription fee. Any Subscription fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription fee.

9. Third party services etc.
You may need to use certain third-party services or platforms in order to use the Services and the Games. For instance, to play online matches on Switch, you need to join Nintendo Switch Online which is a paid service provided by Nintendo Co., Ltd. Also, the Services and Games may contain links to third-party websites or resources. We are not responsible for such third-party services, platforms, websites or resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party services, platforms, websites or resources. In addition, such third-party services, platforms, websites or resources may be governed by third-party’s own terms and conditions.

10. Modification and termination of the Services
Because the Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services, all provisions of the Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

11. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

12. Indemnity
You will indemnify us and hold us harmless including our affiliated entities and their and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of the Terms.

13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES, IF ANYTHING.

14. Time limitation on claims
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise your claim is permanently barred.

15. Governing Law and Jurisdiction
The Terms and any action related thereto will be governed by the laws of Japan without regard to its choice of law or conflict of law principles. Further, you and we agree to the exclusive jurisdiction of the Tokyo District Court, Japan to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services.

16. General Terms
The Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and the Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect. Any attempt by you to assign or transfer the Terms, without our consent will be null and void. We may freely assign or transfer the Terms without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by us under the Terms, including those regarding modifications to the Terms, will be given via email or by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Our failure to enforce any right or provision of the Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.

Last Update: 2019.12.25