Terms and Conditions

Last updated: November 22, 2024

Petalforge Game Studio

Shinjuku 3-38-1

Shinjuku-ku, Tokyo 160-0022

Japan

Phone: +81353694437

Email: info@petal-forge.com

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Petalforge Game Studio. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you do not agree with any provision of these Terms and Conditions, you must not access or use our services. Your continued use of our services indicates your acceptance of these terms and any modifications we may make to them.

User Obligations and Conduct

1. Legal Compliance

You agree to comply with all applicable laws and regulations when using our services. This includes but is not limited to:

  • Local, state, national, and international laws and regulations
  • Intellectual property laws and copyright protections
  • Data protection and privacy regulations
  • Anti-spam and electronic communication laws
  • Consumer protection regulations

2. Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

  • Violating or attempting to violate the security of our services
  • Using our services to transmit harmful, threatening, abusive, or defamatory content
  • Harvesting or collecting information about other users without consent
  • Engaging in fraudulent, deceptive, or misleading practices
  • Interfering with or disrupting the operation of our services
  • Attempting to reverse engineer, decompile, or disassemble any aspect of our services
  • Using automated systems or software to extract data from our website

3. Content Guidelines

When submitting any content to us through contact forms or other means, you agree that your content will:

  • Not infringe upon the intellectual property rights of others
  • Not contain viruses, malware, or other harmful code
  • Not violate any person's rights to privacy or publicity
  • Be factual and not intentionally misleading
  • Comply with all applicable laws and regulations

4. Age Restrictions

Our services are intended for users who are at least 16 years of age. If you are under 16, you may use our services only with the involvement and consent of a parent or legal guardian. By using our services, you represent that you meet these age requirements.

User Responsibilities and Indemnification

Responsibility for Your Actions

You are solely responsible for your use of our services and any consequences that arise from such use. You acknowledge that you are responsible for maintaining appropriate security and backup of your data.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Petalforge Game Studio, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

  • Your use or misuse of our services
  • Your violation of these Terms and Conditions
  • Your violation of any rights of another person or entity
  • Any content you submit or transmit through our services

Privacy and Data Protection Compliance

You agree to respect the privacy of others and comply with applicable data protection laws when interacting with our services. You will not collect, use, or disclose personal information obtained through our services in violation of privacy laws or regulations.

Third-Party Interactions

Any interactions you have with third parties found through or as a result of using our services are solely between you and the third party. We are not responsible for any disputes, damages, or other consequences arising from such interactions.

Disclaimers and Limitations of Liability

1. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties that our services will be uninterrupted, secure, or error-free
  • Warranties that defects will be corrected or that our services are free from viruses

We do not warrant that our services will meet your requirements or expectations. Your use of our services is at your own risk.

2. Limitation of Liability

To the maximum extent permitted by applicable law, Petalforge Game Studio and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

  • Loss of profits, revenue, data, or business opportunities
  • Loss of goodwill or reputation
  • Cost of procurement of substitute services
  • Any other intangible losses

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

3. Consequential Damages Exclusion

In no event shall our aggregate liability to you for all claims arising out of or related to your use of our services exceed the amount you have paid to us in the twelve months preceding the event giving rise to liability, or if you have not made any payments, one hundred US dollars ($100).

4. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions to the extent such failure or delay is caused by events beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, governmental actions, or internet service failures.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms and Conditions or your use of our services shall be brought exclusively in the courts located in Tokyo, Japan. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Dispute Resolution

Before filing any formal legal action, you agree to first contact us and attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any disputes. If we cannot reach an informal resolution within 60 days of your initial contact, either party may pursue formal dispute resolution.

Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable or, if such modification is not possible, it shall be severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Petalforge.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Petalforge concerning your use of our services and supersede all prior agreements and understandings.

Assignment

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign these Terms and Conditions to any affiliate or in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this provision shall be null and void.

Modification of Terms

We reserve the right to modify these Terms and Conditions at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page and, for material changes, provide additional notice through our website or by email if we have your contact information.

Your continued use of our services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must stop using our services.

We encourage you to review these Terms and Conditions periodically to stay informed of any updates.

Questions or Concerns?

If you have questions about these Terms and Conditions or need clarification on any provision, please contact us. We're committed to addressing your concerns.

Contact Information

Email: info@petal-forge.com

Phone: +81353694437

Address:

Petalforge Game Studio

Shinjuku 3-38-1

Shinjuku-ku, Tokyo 160-0022

Japan

Get in Touch

For legal inquiries or to discuss these terms, please reach out using our contact form.

Contact Form