WRESTLE UNIVERSE Terms of Service
These Terms of Service (hereinafter referred to as the “Terms”) govern the video streaming service “WRESTLE UNIVERSE” and related services (hereinafter collectively referred to as the “Service”) operated and provided by CyberFight, Inc. (hereinafter collectively referred to as “CyberFight”, “we”, “us”, or “our”). Capitalized terms that are not defined in the text of these Terms are defined in Article 1. By using the Service, you (“Customer”) agree to be bound by these Terms. If you do not understand or agree with any part of these Terms, please do not use the Service.
Article 1 Definitions
The following terms used herein shall be defined as below:
- “Customer” refers to the user of the Service provided under these Terms.
- “Account” refers to the Customer’s information that is registered with CyberFight, including the email address and related identifier issued by CyberFight to identify the Customer. The establishment of an Account shall be necessary in order for the Customer to use the Service.
- The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to these Terms, under names such as “Agreement,” “Guidelines” or “Policy” and to which the Customer’s use of the Service is also the subject.
- “Content” shall refer to the content that can be used, viewed and accessed through the Service and includes text, audio, music, images, videos, software, programs, codes, Customer’s usernames, and other proprietary information.
- “Device” shall mean the device (hardware) with which the Customer uses the Service.
- “Fee-based Services” refers to the paid service that requires payment of a fixed monthly fee (subscription service).
- “Service” refers collectively to the various services provided through the video streaming service "WRESTLE UNIVERSE" as described above.
- “System” refers to the server-based platform that operates the Service.
Article 2 Consent to these Terms
- The Customer’s use of the Service is subject to the Customer consenting to these Terms and/or the Individual Service Agreement, and the Customer agrees to use the Service within the scope set forth by CyberFight in accordance with the terms and conditions set forth by CyberFight - for example, age and usage environment -.
- In the event the Customer does not consent to these Terms and/or the Individual Service Agreement, the Customer shall not be entitled to use the Service, and shall immediately cease using the Service.
- If an Individual Service Agreement has been executed in relation to the Service, the Customer shall use the Service in accordance with the provisions of the Individual Service Agreement in addition to these Terms.
- If there is any discrepancy in the content of these Terms and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
- THE CUSTOMER MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS OR USE THE SERVICE OR CREATE AN ACCOUNT. By accessing, using and/or submitting information to or through any of the Service, you represent that you are not younger than thirteen (13) years of age.
- For users over thirteen (13) years of age but under the age of majority in their area: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION FOR OR USE OF THE SERVICE. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THESE TERMS WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICE.
- The Customer represents and warrants by consenting to these Terms that the Customer is at least eighteen (18) years of age. The Customer shall not create an Account or access the Service unless the Customer is at least eighteen (18) years of age.
- A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Service by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument - for example, PayPal - by such minor.
Article 3 Changes to these Terms and Disclaimers
- CyberFight reserves the right to amend these Terms and/or the Individual Service Agreement at its own discretion (i) in the event that CyberFight considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) if any amendments need to be made due to any exchange rate fluctuations, (v) for the benefit of the user, and/or (vi) if CyberFight determines for any other reason, in its sole discretion that, such amendments are required.
- CyberFight shall inform the registered Customers via its website, in-service notifications, or email about the proposed amendment such as change of usage fees, change of registration details and purpose of use regarding registered personal information that significantly affect the Customers at least thirty (30) days before the amendment is scheduled to take effect. However, CyberFight may at its sole discretion, add features to the Service that are beneficial to the Customer, or organize (revise) the format and appearance of the Service at any time.
- The Customer is entitled to object to any amendment of these Terms or the Individual Service Agreement until the amendment becomes effective. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing, and using the Service. In the event the objecting Customer is already using the Service, the Customer must cease use of the Service prior to the scheduled date of amendment and follow the withdrawal procedures set forth by CyberFight.
- If the Customer does not expressly object to an amendment to these Terms or the Individual Service Agreement or if the Customer uses the Service again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to the amended Terms or Individual Service Agreement.
Article 4 Handling of Personal Information and Cookie Information
- Information about individual Customers: Customer’s email address that they have registered for the Service. Other information such as the Customer's nickname, gender, date of birth, address, phone number, and the names of wrestlers that they are rooting for may be required for registration on a case-by-case basis depending on the service provided.
- Information about the terminal used: device, operating system, and device language settings.
- Information on communication environment: telecommunications carriers, communication environments, access areas, etc.
- Usage information: version of the Service, usage history of the Service, etc.
- When storing and accumulating Customer Information, CyberFight shall handle the obtained Customer Information with care of a good manager and use it for the following purposes:
- To operate the Service (including the provision of any information to the Customer from us for the purpose of responding to inquiries, sending mail magazines and other information within the Service, sending prizes to winners of campaigns, etc., and for other purposes posted within the Service).
- To provide information about our services (not limited to the Service) or the products, services, games, and wrestlers, etc. of advertisers and affiliated companies that we deem beneficial to the Customer, and to use such information as marketing data according to the attributes of the individual.
- To contact the Customer about matters that significantly affect the operation of the Service (including, but not limited to, significant changes to the Service content and temporary suspension).
- To contact the Customer to request consent for the handling of their Customer Information.
- To compile statistical information pertaining to the usage of the Service in a form that does not allow the identification of individuals (hereinafter referred to as "Statistics"), to publish Statistics, and to provide Statistics to third parties.
- To provide advertisements and other information tailored to the age, occupation, gender, hobbies and preferences of Customers.
- To allow members to enter part of their registration information, thereby saving them the trouble of entering all of it.
- To analyze customer trends through Google analytics in order to plan and provide better services.
- To avoid exposing the same advertisement more than once.
- To provide information and advertisements of recommended contents related to the Service according to the Customer’s hobbies and preferences.
- The Customer agrees to accept cookies according to the settings of the communication terminal or browser used by the Customer. If the Customer’s browser is set to block cookies, we may not be able to recognize your information correctly, and we shall not be held responsible for any damages resulting from this.
Article 5 Limited Grant of Rights
- The Service is provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. CyberFight hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service and the Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with these Terms. The Customer acknowledges that the time spent on or using the Service, including without limitation, the Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value including the benefit of time can be attributed to such time and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Service and/or the Content.
- Between the parties, CyberFight shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service, and (ii) all rights and title to all code, programming, and related patents or proprietary rights related to the Service or the underlying Service. These Terms shall not transfer any rights (including intellectual property rights) relating to the Service to the Customer other than the right to access and use the Service set out in Article 5 (1). The Customer acknowledges that CyberFight’s intellectual property contained within the Content and the Service are valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property.
- CyberFight does not grant the Customer any express or implied rights or licenses in or to the Service and/or the Content other than what is expressly set forth herein. Furthermore, except as expressly set forth in these Terms, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human perceivable format, distribute, transmit, transfer, license or sublicense, publicly display - for example, UPLOAD TO YOUTUBE OR OTHER VIDEO SERVICES - hereinafter referred to as "publication", or sell in any form or by any means, in whole or in part, the Content without CyberFight’s express prior written permission.
- CyberFight reserves the right to modify, amend, and update the Content and the Service at any time and for any reason. The Customer agrees that CyberFight will not be liable to the Customer, or any third party for any such modification, suspension, or termination.
- CyberFight reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects and all other matters in the Content and the Service.
- The Service and Content contains copyrighted material, trademarks, and other proprietary information, including videos, music, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. The Content is subject to copyrights owned by CyberFight and other individuals or entities and is protected by copyright laws.
- Any and all names, trademarks, service marks, logos, etc. of CyberFight and its organization names, players, teams, and units ("trademarks") belong exclusively to CyberFight and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademarks of CyberFight or any third party.
However, you are welcome to view the Content provided through the Service at home with your friends, family, and loved ones, as long as the Account is not shared by multiple people.
Article 6 Account and Password
- Before using the Service, the customer must register an account in accordance with the specified procedures. The Customer must register their own email address after confirming that it is not the email address of a third party, does not infringe the rights of a third party, and is not otherwise illegal. CyberFight reserves the right to refuse account registration for any reason, including, but not limited to, if the username may be impersonating another person, is vulgar, or is otherwise offensive, discriminatory, or potentially confusing. The Customer does not own any rights to the username and CyberFight reserves the right to change or delete any Account, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.
- The Customer acknowledges that it will have no ownership or proprietary rights to the registered Account. The Customer cannot transfer, loan, or pass on any of the usage rights in the Service to a third party.
- To create an Account, we may require or request that the Customer provides us with certain information, including personal information. When the Customer decides to provide CyberFight with their information, the Customer agrees to: (a) provide accurate information about themself as prompted by the Account registration process and (b) maintain and update their information to keep it accurate and up-to-date. If any information provided by the Customer is untrue, inaccurate, not up-to-date, or incomplete, CyberFight has the right to terminate the Customer’s access to and use of the Service.
- CyberFight shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses the Service and the Customer releases CyberFight from all liability or responsibility for any actions taken which relate to the incorrect information. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD, ACCOUNT AND ALL ACCESS TO AND USE OF THE SERVICE.
- The Customer shall take all appropriate safety measures against the unauthorized use of their Account by any third party with reasonable care.
- The Customer shall in particular:
- safeguard the confidentiality of their Account’s username and password in particular when using national or international media, private messages, social media, or services on the Internet; this entails among others that the Customer shall:
- not communicate their username or password to any third party;
- only keep, if at all, encoded and separate written records of the username and the password, and keep those separate records in places protected against the access by any third party;
- change the password regularly, at least once a year;
- secure access to the hardware with which the Customer accesses the Service (i.e. by implementing additional passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in these Terms);
- safeguard any credit cards or other payment instruments - for example, Paypal - the Customer uses for the Service against any unauthorized use by third parties;
- in case the Customer has parental authority over a minor,
- restrict the minors use of the Customer’s Account and
- monitor, on a regular basis, that the minor does not use the Customer’s Account in spite of the prohibition to do so.
- take measures against computer viruses and hacks, including updating the version of the terminal and OS used by the Customer.
- safeguard the confidentiality of their Account’s username and password in particular when using national or international media, private messages, social media, or services on the Internet; this entails among others that the Customer shall:
- If the Customer breaches the obligations of these Terms, the Customer is liable according to the statutory damage claims.
- Given CyberFight’s considerable effort to ensure that only an adult becomes CyberFight’s contracting party and that only the Customer uses their Account, CyberFight will assume that a continual use of the Customer’s account, for example, using other Fee-based Services, is by the Customer themselves. CyberFight will therefore assume that any actions performed through the Account take effect directly in favor of and against the Customer.
- The Customer shall in particular:
- CyberFight shall consider any acts performed by the Customer or by a third party on the Customer’s Account as the Customer’s own acts if the third party was able to use Customer’s Account due to the Customer’s permission or fault. The Customer acknowledges that it is their own responsibility to ensure that the information registered by the Customer when using the Service is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their own Account details to a third party, whether by using national or international media, private messages, social media, services on the Internet or any other method. The Customer acknowledges that CyberFight shall bear no responsibility for any such misuse.
- As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Service through the Customer’s Account and username by the Customer or by a third party on the Customer’s Account and username as the Customer’s own acts if the Customer could have prevented the use of their Account by applying reasonable care and in particular by complying with the obligations of these Terms.
- If the Customer violates these Terms and fails to comply with any warning notice, CyberFight reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in the Service shall cease to exist when the Account is suspended, deleted or revoked, regardless of the reason.
Article 7 Provision of Service
- CyberFight reserves the right to modify, suspend or terminate at its discretion Service and all the services provided using the Service.
- If the Service is terminated under the preceding paragraph, the Customer will no longer be able to access the Customer’s Account once the Service is terminated.
- The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a cancelation by the Customer of the Fee-based Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations.
- Notwithstanding any provision to the contrary herein, the Customer agrees that they have no right or title in or to any Content, whether purchased from CyberFight, or any other attributes associated with an Account. THE CUSTOMER AGREES THAT IF THE CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, THE ACCOUNT SHALL HAVE NO VALUE. The Customer’s Account may not be transferred, licensed or sold.
Article 8 Advertisements/Third Party Links & Websites
- CyberFight shall reserve the right to post the advertisements of CyberFight or a third party in the Service at the discretion of CyberFight.
- The Service provides links to third party websites that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertisements, services, products, or other materials on or available from such websites, (iii) the Customer’s participation, correspondence, or business dealings with any third party found on or through the Service regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, which are solely between the Customer and any such third party, or (iv) any damage or loss caused or alleged to be caused by or in connection with the Customer’s interaction with any such third party. The Customers use of any website linked to on the Service is subject to the policies and procedures of the owner of such websites, and their use of all such websites is subject to such policies and procedures and not to these Terms. The Customer understands that by using any third-party website linked to from the Service, they may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable.
Article 9 Fees and Expenses
- The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees - for example, packet fees and data usage fees -, and all other expenses necessary while using the Service shall be borne by the Customer. The Customer will pay all fees or charges incurred through its Account, including applicable taxes at the time that the fee becomes payable.
- CyberFight may change the price for features that are free or fee-based in the Service at its discretion as long as it is not made excessively high. CyberFight shall inform the Customer four weeks in principle prior to these changes and the Customer shall be entitled to withdraw from these Terms or, if applicable, terminate the affected Service, with the right to receive a refund of the amount paid in case the affected Service has not already been used. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THEY ARE FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THEIR ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT.
- The Customer hereby acknowledges and consents to the fact that it may no longer be possible to use part or all of the Service if the Customer does not consent to changes to pricing for features.
- The Customer is aware that they shall be responsible for any acts, including the purchases and use of other Fee-based Services, made through their Account, by third parties under their Account which the Customer could have prevented by applying reasonable care and in particular by complying with the obligations of these Terms.
Article 10 Fee-based Services
- Customers can use the Fee-based Services after registering an account.
- Fee-based Services can only be used as long as the Service is provided. After the termination of the Service, the Customer cannot continue to use any Fee-based Services.
- The monthly price for the Fee-based Services will be shown in Japanese Yen (JPY). CyberFight or a settlement agency will have the right to amend or change the prices prospectively. If a price determined by CyberFight or a settlement agency is amended, the amended price shall be displayed.
- Customers can purchase Fee-based Services by selecting the desired Fee-based Services, selecting the desired payment method, and clicking the relevant button to confirm their intention to purchase the Fee-based Service, and which concludes the purchasing process.
- The payment options may vary according to the Customer’s region and the technical feasibility of the payment options available in the market.
- The money will be collected via the respective settlement service or platform as specified at the point of purchase.
- Statutory interest shall accrue in instances of default.
- The Customer shall not be able to sell or transfer their Account.
- If a minor uses such Fee-Based Services under the Account of an adult, valid power of representation and the consent of such adult shall be required in order for the minor to use the Service (including their consent to these Terms, to the paragraphs in this Article, and to the Individual Service Agreement) and only they shall be the contractual party of CyberFight, bound by these Terms.
Article 11 Prohibitions
- The Customer shall not engage in any of the following acts in connection with the Service or the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following:
- Using the Service in a manner that violates these Terms or violates any applicable law or regulation.
- Committing fraud (including computer fraud), obstructing business, committing unauthorized access, bullying, defaming, making slanderous, discriminatory, offensive remarks, or any other illegal writing or distribution to other Customers through the Service or SNS related to the Service, and any act that leads to violation of the law, or Acts that lead to or may lead to violations of laws.
- Infringing on the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights, and other personal rights of CyberFight or a third party.
- Making discriminatory, slanderous, libelous (or otherwise defamatory), or offensive statements.
- Posting, writing, or uploading any content that includes expressions or content which harass, degrade, or abuse a third party, or which is otherwise inappropriate to a third party.
- Posting, writing, or uploading violent or grotesque content, such as violent or grotesque photographs.
- Stalking, relentlessly pursuing, sending large volumes of messages, or other similar acts contrary to the will of other Customers in a manner which can harass or intimidate them.
- Posting links to adult sites, dating sites, and similar sites, and attempting to induce encounters with other people.
- Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify individuals - for example, names, titles, telephone numbers, email addresses and addresses -, non-public information, trade secrets, or confidential information without the permission of the rights holder or the person, company, or group to which the information relates.
- Impersonating CyberFight or a third party, and registering or posting false information.
- Committing unauthorized access or acts with the intent of misleading CyberFight or a third party.
- Advertising, announcing, soliciting for, and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses, and other transactions similar to a chain structure related to the Service or Content.
- Committing acts which relate to the Service or Content and are intended to make a profit without the consent of CyberFight.
- Acquiring in an unauthorized manner the various contents provided by CyberFight through the Service (including, but not limited to, contents and items provided in the Fee-based Services), hereinafter referred to as “In-service Content”, or committing acts that facilitate the unauthorized acquisition of In-service Content.
- Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in the Service in exchange for cash or other assets, and advertising, announcing, or soliciting such exchanges.
- Negatively affecting the formation of the character of a minor, such as by inducing them to drink alcohol, smoke, or get tattoos.
- Inducing others to commit suicide or hurt themselves.
- Inducing others to commit antisocial behaviors.
- Providing links with the intention of promoting an act which is prohibited under the paragraph.
- Committing other acts which may be judged to be inappropriate by CyberFight.
- Any dangerous acts, such as imitating wrestlers and their skills in wrestling matches included in the Content. In addition, taking pictures of them and making them public through the Internet. (however, imitation of costumes, dialogues, or publication of thoughts or predictions about matches are not prohibited.)
- The Customer shall not commit any of the following acts, or similar acts, which may hinder the operation of the Service or disturb its operation, regardless of whether or not such acts are committed inside or outside of the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following:
- Attempting to use (in a manner that is not authorized), operate, or change the data in the System.
- Using the Service in a manner that (i) overloads the System, (ii) sends anything that contains viruses or other codes intended to do harm, (iii) uses a bot or script to scrape the Service or Content, (iv) uses any content cheat or hack, or (v) using the Service wrongfully by using other technical measures not provided by CyberFight.
- Replicating, transmitting, transferring, renting, translating, adapting, or altering the Service or combining the Service with other software.
- Deleting or changing the copyright notices attached to the Service or other rights notices.
- Frame or mirror any part of the Services without CyberFight’s written permission.
- Using, creating, distributing, or selling external tools that have an impact on the Service.
- Transmitting identical or similar messages to a large number of Customers or transmitting messages to any individual Customer multiple times (unless permitted by CyberFight).
- Exchanging the right to use the Service, or any Content, or any of the rights contained in the Service (or Content) for cash, property, labor, or other economic benefit or transferring, sublicensing, or otherwise disposing of such rights (except in a manner which is permitted by CyberFight).
- Committing acts that interfere with the System used as part of the Service.
- Using the Account of another Customer.
- Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise impersonating an affiliation with CyberFight, an affiliate company, or a related person.
- Possessing multiple Accounts or sharing an Account between multiple people without the consent of CyberFight.
- Accessing the Service with a Device that has been modified - for example, rooted or jailbroken - .
- Altering, damaging, disassembling, decompiling, or reverse engineering the Service.
- Making unreasonable inquiries or demands to CyberFight or to the wrestlers - for example, repeating questions unnecessarily or asking similar questions or threatening, blackmailing, coercive or violent questions, or slander -.
- Intentionally utilizing malfunctions or bugs of the Service.
- Intentionally inducing malfunctions or bugs of the Service.
- Using the Service for purposes not intended by CyberFight.
- Committing any other equivalent or similar act that interferes with, hinders, or damages, or may interfere with, hinder, or damage the operation of the Service by CyberFight or the use of the Service by another Customer.
- If CyberFight suspects that the Customer has committed, or may commit, a prohibited act, the Customer admits to committing a prohibited act, or CyberFight determines the Customer’s use of the Service is inappropriate, in its sole discretion, CyberFight shall reserve the right to take the following measures.
- Requesting that the Customer stops the prohibited act and does not undertake any similar acts.
- Stopping part or all of the Customer’s use of the Service.
- Stopping or deleting the Customer’s Account.
- Revoking the rights obtained through prohibited acts.
- Disclosing inside and outside the Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case, or other case that may correspond to this.
- Taking other equivalent measures determined by CyberFight to be necessary and appropriate.
- CyberFight shall reserve the right not to provide services, including the Service, to a Customer whose Account has been deleted under the preceding paragraph (4). CyberFight may store personal information to the extent necessary to take such measures.
Article 12 Linking and Framing
- Creating or maintaining any link from another website to any page, other than the top page of the Service without CyberFight’s prior written permission is prohibited. Running or displaying the Service or any material displayed on the Service in frames or through similar means on another website without CyberFight’s prior written permission is also prohibited. Any permitted links to the Service must comply will all applicable laws, rules and regulations.
Article 13 Limitations of the Service
- The Service and any information and materials provided on or through the Service, including without limitation, any other data, text, pictures, photographs, graphics, audio, video, icons, contents, software, and upgrades for use on or through the Service ARE PROVIDED“AS IS”. The Customer shall use the Service under their own responsibility and judgment. CyberFight provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness, or availability of the Service, as further detailed in the Article and Article 14. Moreover, CyberFight shall provide no guarantees in regards to the suitability of the Service for use by the Customer or on the Device used by the Customer (including recommended Devices and Devices indicated as having the recommended environment within the Service).
- CyberFight provides no guarantee that it will be possible for the Customer to access or use the Service at the time or place of the Customer’s choosing or that the Service shall be without interruption or error.
- CyberFight provides no guarantees in regards to the legality, integrity, safety, accuracy, or compliance with public morals of any third party website that can be accessed through a link from the Service.
- If the Customer replaces the device they first used to access the Service due to repair or model change, CyberFight shall provide no guarantee that it will be possible to transfer information registered prior to the replacement of the Device to the new Device unless otherwise stipulated by CyberFight.
- CyberFight provides no guarantees in regards to products and services other than the Service provided by a third party that is provided in relation to the use of the Service.
Article 14 Disclaimers of Warranties & Limitation of Liability
- CyberFight’s services and the content are provided “as is” and without warranties of any kind, either express or implied. To the extent permitted by applicable law, CyberFight and its affiliates, licensors, suppliers, advertisers, sponsors, and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from a course of dealing, course of performance, or usage of trade. CyberFight and its affiliates, licensors, suppliers, advertisers, sponsors, and agents do not warrant that the customer’s use of the service and the content, including without limitation any products or services available through the service, will be uninterrupted, error-free, or that defects will be corrected. No opinion, advice, or statement of CyberFight or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members, or visitors, whether made in association with the services or content, shall create any warranty.
- CyberFight shall not, under any circumstances, provide a return or refund for the convenience of the customer of money that has been paid by the customer other than to the extent that such a return or refund is required by applicable law/regulations.
- CyberFight shall not, under any circumstances, bear responsibility for damages in regards to any damage suffered as a result of the customer applying alterations, modifications or technical characteristics to the hardware or software of any mobile devices and then not being able to properly use the service. In addition, CyberFight shall have no responsibility to provide any help or assistance to reinstate the use of the service in such an event.
- CyberFight shall not, under any circumstances, bear responsibility for any damages suffered as a result of the customer personally losing or forgetting their registered information. In addition, CyberFight shall provide absolutely no help to reinstate the use of the service in such an event. The same shall also apply in the event the customer loses their registered information due to unauthorized use, loss, theft, failure, or any other reason in regards to the mobile device they use for the service. CyberFight shall respond to inquiries, ideas for improvement, other suggestions and feedback from the customer pertaining to the service under its own discretion and judgment without obligation to provide a reply or any kind of support. CyberFight may provide support to the content of inquiries, ideas, suggestions, feedback, and similar from the customer. However, this shall not be interpreted as an obligation to provide individual answers, reports, or financial compensation to the customer.
- CyberFight shall not, under any circumstances, bear responsibility to repair bugs or similar in the service and shall bear no obligation to reform or improve the service.
- CyberFight and its affiliates, licensors, suppliers, advertisers, sponsors and agents, shall not, under any circumstances, be liable for any damages (including without limitation, indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) resulting from a customer’s use of or inability to use the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not CyberFight is advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with CyberFight is to discontinue your use of the services. Under any circumstances, the maximum liability to CyberFight and its affiliates, licensors, suppliers, advertisers, sponsors and agents for all damages, losses, and causes of action, whether in contract, tort (including without limitation, negligence), or otherwise, shall be the total amount paid by the customer to CyberFight in the preceding twelve (12) months.
- No communication of any kind between the customer and CyberFight constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these terms.
Article 15 Termination
- CyberFight may revoke the Customer’s license and terminate the Customer’s access to and use of the Service and the Account for any violation of these Terms and may delete the Customer’s Account. If CyberFight revokes the Customer’s license and terminates the Customer’s access to and use of the Service and the Account, CyberFight will not have any liability to the Customer for any time spent by the Customer. If the Customer terminates the Service, all outstanding financial obligations owed by the Customer to CyberFight shall be fulfilled immediately by the Customer. In the event of a Customer’s death, their Account will be terminated, except for any charges incurred up to that time in the event of a delay in communication from your agent to us or our authorized agent.
- CyberFight shall bear no obligation to retain any information - for example, personal information - of a Customer or Account if the Customer’s Account has been terminated.
Article 16 Indemnity
- The Customer agrees to reimburse CyberFight for any and all damages resulting from the violation of these Terms. The Customer releases CyberFight from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from the Customer’s violation of (i) the Agreement; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.
Article 17 Notice for California Users
- Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Article 18 Prohibition on the Transfer of Rights and Obligations
- The Customer shall not resell or assign their rights, duties, or obligations under these Terms, and any attempted assignment or delegation will be void and of no force or effect whatsoever. The Agreement may be automatically assigned by CyberFight, in our sole discretion, to a third party and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.
Article 19 Validity of these Terms
- Except as described in Article 21, if any part of these Terms or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of these Terms and the Individual Service Agreement shall continue to apply and be binding and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects CyberFight’s intent as closely as possible.
- These Terms and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and (except in the case of fraud or a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of these Terms and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties.
- Our failure to act with respect to a breach by the Customer or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If CyberFight does not exercise or enforce any legal right or remedy which is contained in these Terms (or which CyberFight has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of CyberFight’s rights, and all such rights or remedies shall still be available to CyberFight. Any waiver must be in writing and signed by both parties to be legally binding.
Article 20 Force Majeure
- CyberFight is not liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemics (including government requests relating to pandemics), or shortages of transportation facilities, fuel, energy, labor, or materials.
Article 21 Governing Law and Jurisdiction
- Before bringing a formal legal case, the Customer should contact CyberFight’s Customer Support team. Most disputes can be resolved that way. These Terms shall be governed in all respects by the laws of Japan. If the Customer is a consumer and has its habitual residence outside of Japan, the Costumer additionally enjoys the protection afforded to the Customer by mandatory provisions of the law of its country of residence. The Customer agrees that any claim or dispute the Customer may have against CyberFight must be resolved exclusively by the Tokyo District Court in Japan except that the Customer may bring a claim against CyberFight in connection with these Terms in the country of the Customer's habitual residence if the Customer is a consumer and has its habitual residence outside of Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides in shall remain unaffected by this choice of law.
For residents of the United States, the following shall apply in place of Article 21:
Please note, the arbitration provision set forth below requires you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
New Jersey’s Truth-in-Consumer, Contract, Notice, and Warranty Act
Under the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”), N.J.S.A., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by New Jersey or federal law. Further, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable, or inapplicable in certain jurisdictions without specifying whether such provisions are or are not void, unenforceable, or inapplicable in New Jersey. As such, please note the following:
① The limitations of liability and waiver of damages in Article 14.6 are not applicable to New Jersey residents.
② The indemnification requirement in Article 16 is not applicable to New Jersey residents.
③ The provisions limiting a Customer’s right to a return or refund in Articles 7.3, 9.2, and 14.2 are applicable to New Jersey residents.
Disputes and Agreement to Arbitrate
These Terms are governed by the laws of Japan, without resort to its conflict of laws principles. You further agree that any disputes or claims not subject to the arbitration provision discussed below shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms.
By using CyberFight’s Service, you and CyberFight agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
(1) to CyberFight at:
[INSERT CONTACT INFORMATION – Email Address, Mailing Address, Contact Person, if any], or
(2) to you at: the contact information on file with CyberFight.
Both you and CyberFight agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules and, before one arbitrator to be mutually agreed upon by both parties. The JAMS rules that will apply are the rules in effect at the time the arbitration takes place.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Article 22 Third Party Rights
- These Terms are between the Customer and CybeFight. No other person shall have any rights to enforce any of its terms.
Article 23 No Waiver
- If CyberFight does not insist immediately that the Customer does anything required to do under these Terms, or if CyberFight delays taking steps against the Customer in respect of breaking of these Terms, that will not mean that the Customer does not have to do those things and it will not prevent us from taking steps against them at a later date. For example, if the Customer misses a payment and we do not remind them but we continue to provide the Service, we can still require the Customer to make the payment at a later date.
Article 24 No Agency
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Customer and CyberFight by these Terms.
Effective Date: October 1, 2021