“Faaast Penguin” Terms of Service

These terms of service (hereinafter referred to as this TOS) are a contract that applies to customers and all usage of the online game service “Faaast Penguin” (hereinafter referred to as this service) provided by historia Inc. (hereinafter referred to as this company).
By using this service customers are deemed to have agreed to all the TOS. Also, this agreement is made after checking important notices displayed on this service each time a customer uses this service.
The guidelines, all types of agreements, transactional conditions, and usage precautions, etc. (hereinafter referred to as these guidelines) for this service are under the interpretation of this TOS and are a part of this TOS.

When using this service contracts and regulations with other relevant third parties must also be observed. For example any agreements with payment companies.

1. Usage by Minors

1.1 If the customer is a minor then they must review this TOS with their legal representative (parent or guardian, etc.) and agree to this TOS after receiving the permission of their legal representative.

Also, when using the paid content of this service (hereinafter referred to as paid content) they must have received permission from their legal representative first.

1.2 If minors lie about having the permission of their legal representative, or lie about their age, in order to use this service, or use any deception to show that they have legal capacity, then those minors using this service nor their legal representatives can void any legal action by this service.

1.3 When minors who agreed to this TOS use this service after coming of age, it is considered that their agreement to this TOS is confirmed.

1.4 This company may restrict part or all usage of this service according to customers’ ages. Notifications about restricted content will be listed separately on this service.

2. About this Service

2.1 To use this service you must register for an “Epic Games Account”.

2.2 To use this service you must be connected to the internet and use a device that meets the set specifications. It is the customers’ responsibility to arrange and pay for the hardware, software and internet connection, etc. required to use this service. Furthermore, details of required specifications for hardware will be listed separately by this company on this service.

It is possible to play on this service for free, but internet costs are the customers’ responsibility.

3. Interruptions or Reset of Play Data, etc. on this Service

3.1 Customers acknowledge that there will be times when this service will be temporarily stopped, interrupted, or reset, etc. without warning due to maintenance, problems, network issues, or other reasons.

3.2 This company gives no guarantees regarding temporary stoppages, interruptions, or resets, etc. to this service as mentioned above, except where specified in this TOS.

4. Inquiries

4.1 Inquiries related to this service by customers can be sent to the following email.

＜Contact us＞
https://faaast-penguin.com/en/support/

5. Notifications from this Company

5.1 This company will notify customers on the “Faaast Penguin” official site’s notification page or on the “Faaast Penguin” official SNS.

5.2 Customers will check notifications from this company as needed and the customer will be responsible for any disadvantage due to not checking notifications from this company.

6. Account

6.1 Customers will manage their account for this service (including play data and passwords, hereinafter referred to as account) appropriately and bear all responsibility in using and managing their account.

6.2 This company consents to the customers’ non-exclusive use of this service and customers may use it to the extent established by this company.

6.3 Customers will manage their account ID, password, etc. for this service with due care and their use on this service is considered to be valid for the applicable customer. Customers will not transfer, loan, name-lend, trade, etc. their ID, password, etc.

6.4 This company can consider the use of a customer’s account on this service to be by that customer. Also, if an account’s legitimate user is unknown, then this company can consider the user of the account to be the legitimate user. Furthermore, fees accrued using the customer account, and any other liabilities, are the customer’s responsibility.

7. Play Data

7.1 Customers cannot acquire ownership, intellectual property rights, or any other rights over the account, game currency, digital items, user names, or other play data (hereinafter referred to as play data) except when explicitly recognized by this TOS or law. Also, this company owns the rights to play data and consents to non-exclusive use by the customer. Play data and everything provided for a fee, except when determined by law, holds no monetary value.

7.2 If it is identified that there is an error in the play data content or quantity used by a customer, in comparison with the usage status on this service, then this company may amend this without notifying the customer in advance.

7.3 Customers’ play data, including user name, may be openly available to other customers on this service.

8. Paid Services

8.1 The payment method for this service is specified by this company. If there is a dispute about payment between the customer and the payment company, then the customer and the payment company will resolve the dispute amongst themselves.

8.2 This company may offer customers the exclusive in-game currency for this service (hereinafter referred to as this service’s currency) as compensation.

8.3 Check the purchase page for the selling price of this service’s currency.

8.4 If the customer is a minor, then they need their legal representative’s permission in advance to purchase (or use/spend) this service’s currency.

8.5 This service’s currency acquired by customers can only be used within this service. Furthermore, other services with the same name as this service, such as the distribution store, carrier, platform, etc. are not included in this service.

8.6 The value, changes to specifications, and termination of sales of this service’s currency and paid content is at the discretion of this company.

8.7 This company will not refund or exchange this service’s currency, or cash or coupon paid content, unless required by law.

8.8 Customers cannot transfer, loan, or have joint ownership, etc. of this service’s currency with a third party. Also, paid content cannot be transferred, loaned, or be jointly owned, etc. with a third party, except through this company’s prescribed method.

8.9 The prepayment method (limited to payments for purchases) established on the page titled “Display Based on the Payment Services Act”, separate from this company, is handled based on the Payment Services Act. Any content (including, but not limited to, freely distributed content or content not purchased through applicable prepayment methods) not purchased with applicable prepayment methods is considered offered by the service they were acquired through and do not fall under a prepayment method.

8.10 If there is any fault regarding the provision of paid content, then this company may exchange it with a substitute to fix the fault or restore it to its original state.

9. Changes to the Service

9.1 This company may change the content or specifications for this service, accounts, and play data (including this service’s currency and paid content) without prior notice to customers. Furthermore, this may change the ability, effectiveness or usefulness of paid content purchased by the customer.

9.2 This company may interrupt, suspend or terminate provision of this service without prior notice to customers.

10. Rights

10.1 Intellectual property rights and all other rights concerning this service (including inventions, ideas, designs, trademarks, emblems, pictures, images, text, programs, portraits, and any other information that is part of this service) belong to this company or third parties to which this company has given consent to use.

10.2 Customers may not loan, transfer, exchange, trade or pawn rights or obligations (including accounts) arising between this company and the customer in relation to this service, and they must not allow a third party to use them by any method. Also, other customers or third parties cannot inherit a customer’s rights, obligations or account.

11. Handling of Information

11.1 This company owns all rights in regards to information occurring from the use of this service, including comments, feedback and complaints from customers about this service, play data, etc. and this company may use them in future game developments and operation.

11.2 This company may acquire information relating to customers’ hardware, software and usage environment, for the purposes of analyzing or improving this service, without obtaining individual consent from customers.

12. Usage of Works

12.1 Abide by the usage of work guidelines established by this company when using images or videos online that were taken during gameplay on this service.

13. Prohibitions

13.1 All of the following acts, or any act that could correspond to one of these, are prohibited. This company may take measures, such as limiting the function of this service or modifying play data (including deleting this service’s currency and paid content) without prior notification to the customer, if they confirm that one of these actions has been taken. Furthermore, it is up to this company’s judgement whether or not the act falls under these prohibitions.
(1) Disclosing a customer account to a third party or allowing a third party to use a customer’s account.
(2) Impersonating another person (including family), impersonating this company, an associated company or someone authorized with this service, or dishonestly using another registered member’s password.
(3) Recording personal information (whether your own or someone else’s), such as names, emails, phone numbers, addresses, bank account numbers, or information that would allow access to an individual.
(4) Acts that infringe, or may infringe, on the assets, privacy, rights to usage of one’s likeness, or intellectual property rights of this company, associated companies, other customers, or other third parties.
(5) Acts that discriminate, slander, or damage the prestige or trust in this company, associated companies, or third parties.
(6) Reverse assembling, reverse compiling, reverse engineering or any other acts that analyze the construction of this service’s base code, reproducing, transmitting, transferring, loaning, decrypting, adapting, altering, or combining this service with any other software, destruction of security codes or security devices in this service, initiating a malfunction (including any unexpected behaviors) in this service, falsifying, deleting, or dishonestly creating a new product using all or part of this service’s program or data.
(7) Recording information that obstructs the usage of this service.
(8) Acts other than those expected or permitted from using this service.
(9) Using, or encouraging others to use, cheats, cheat tools, automatic operation tools (macros) or programs, macros or other tools not approved by this company on this service.
(10) Public transmission, distribution or use of harmful computer programs, etc.
(11) Wrongful access or causing excess load to the servers of this service.
(12) Providing false information or using this service with dishonest intent.
(13) Using faults in this service for personal or third party benefits, or causing loss to this company or a third party.
(14) Preventing the provision of this service, or slander.
(15) Reprinting, loaning, sub-licensing, reproducing, modifying (including changing, combining, reverse engineering, and analyzing), accumulating or transfering contents of this service.
(16) Revealing information about this service that this company has not officially announced to a third party, outside this company.
(17) Cheating by using faults in the program, such as wrongly acquiring items (including actions that this company judges are using faults).
(18) Real money trading (RMT) or actions similar to this.
(19) Criminal acts or actions related.
(20) Using this service for purposes opposed to public orders and morals, laws and ordinances, judgement, decisions or orders from a court of law, or administrative action with legal binding force.
(21) Using this service for advertising, business activities, or other commercial purposes.

(22) Avoiding measures to limit or suspend the usage of an account by recreating an account, etc.
(23) Improper inquiries or demands, beyond legal responsibilities, to this company (including this company’s customer service) or a third party (including repeating the same or similar inquiry or demand more than necessary.)
(24) Incitement, abuse, slander, defamation, harassment, libel, or damaging confidence, etc. against another customer, obscene expressions, whether to the same gender or not, or usage for the purpose of propositioning.

(25) Requesting repayment or return of usage fees without a justifiable reason.

(26) Acts in violation of this TOS.
(27) Acts this company judges to be at risk of violating any of the above prohibitions and acts that this company judges to be inappropriate.

13.2 This company will take the measures it deems necessary, including the following measures, against customers who repeatedly break the prohibitions, viciously break even one prohibition, or if this company recognizes a need for such measures to be taken. Also, this company will bear no responsibility if these measures cause the customer disadvantage or loss. Furthermore, customers acknowledge that this company may not answer individual customer questions, including the reason and details for carrying out these measures.
・Demand that the action in breach of this TOS is stopped and that no similar actions are repeated.

・Disclose the violation outside this service, including reporting it to police or other public institution, in cases where the action may fall under a criminal or civil case.
・Suspend usage of the account for a fixed period or indefinitely.
・Cancellation of the account.

13.3 If a customer receives one of the aforementioned measures, then they may not use this service in any way after that. In that case there will be no repayment of money or exchange of coupons for this service’s currency or digital items, even at termination of this service.

13.4 If this company suffers loss due to the prohibited action of a customer, this company can claim for damages, whether or not they have taken the measures listed here. Also, this company bears no responsibility for the results (including losses to the customer) of a customer’s actions in violation of this TOS.

14. Cancellation

14.1 If a customer violates this TOS or guidelines, or the TOS to another service provided by this company, then this company may cancel the contract for this service or suspend, stop or terminate provision of this service to the customer without any notification. Furthermore, this company will judge if an action violates a prohibition or not.

14.2 Even if this company cancels the contract based on the preceding paragraph, the customer continues to bear responsibility for all obligations for payments up to and including the day of termination.

15. Guarantee

15.1 This company is able to provide this service at this point. This company does not give any guarantee about the completeness, accuracy, applicability, usefulness, usage ability, security, or certainty of this service or information, games, content, or software provided by this company. This company does not bear responsibility for bugs in this service, or maintenance, improvement or betterment of this service. This company bears no responsibility for reparations for losses caused by being unable to use the service due to issues, errors or impediments originating in this service. Also, this company bears no responsibility for reparations for losses caused by being unable to use this service normally due to the customer’s hardware, software or internet connection, and this company will take no measures to deal with that.

15.2 This company bears no responsibility for effects on customers due to reasons outside this company’s control, such as natural disasters, social disturbances, strikes, fires, power outages, or disruptions to communications infrastructures, etc.

15.3 This company bears no responsibility for any of the following losses.

・Losses due to not following the rules or manual.

・Losses arising from usage of this service while not using the recommended specifications or conditions.

・Loss of usage profit, lost profits, or loss of data or intangible property.

・Secondary or resulting losses, indirect losses, or special losses.

・Losses arising from not having back ups.

・Losses arising from customer’s forgetting or losing their ID, or from account cancellations.

15.4 This company bears no responsibility for loss of all or part of a customer’s account, or a customer not being able to access their account, due to damage, erasure of data, loss, theft, alterations, or issues to the customer’s usage device, uninstallation from the device, leak, loss or forgetting their password (including not setting a password or not setting it properly).

15.5 This company bears no responsibility and is not concerned with disputes between customers and third parties (including other customers, payment companies, or companies advertising on this service). Also, this company bears no responsibility for the submitted information, services (including advertisements on this service and the services advertised), or actions of third parties.

15.6 Customers will endeavor to avoid using this service to an excess that affects a healthy lifestyle, be aware of their surroundings, and use this service safely. This company bears no responsibility for usage of this service beyond that which is socially acceptable, or for social, mental, or physical damages arising from incidents while using this service.

15.7 This company may provide appropriate information or advice, but the customer will bear responsibility for handling that information or advice and this company bears no responsibility for the results.

 

15.8 Customers acknowledge that this company bears no responsibility if, for any of the following reasons, they have to interrupt provision of this service or take other measures.

① Periodic or emergency maintenance of the system.

② Network failure.

③ Unable to provide service due to fire or power outage.

④ Unable to provide service due to natural disasters, such as earthquake, volcanic eruption, flooding, or tsunami.

⑤ Unable to provide service due to war, terrorism, rioting, or strikes.

⑥ Customers violate the prohibitions of this TOS.

⑦ Emergency countermeasures for security in response to a virus or hacking.

⑧ Necessary operational or technical temporary interruptions.

⑨ Unable to provide service due to fault, change of contract, change of specifications, interruption of service, etc. of cloud services.

15.9 If customers use products or services provided by a third party in connection with this service, then that third party’s TOS, regulations or agreements will apply.

16. Compensation for Damages

16.1 If a customer suffers damages related to paid content or this service’s currency paid for by the customer, due to this company defaulting on a debt or conducting illegal activities (not including stoppages or interruptions to the service outlined in section 3.1), then this company will bear responsibility for compensation for the damages to a maximum of the amount of this service’s currency purchased by the customer and the equivalent value of the paid content, limited to direct and general damages, regardless of any other provision in this TOS. However, this does not apply if the damages to the customer were caused by this company’s intent or gross negligence.

16.2 If a customer causes damage to this company through violating this TOS or the guidelines, or any other reason where the customer is at fault, then the customer will compensate this company for those damages.

17. Changes to this TOS

17.1 If this company judges that it has a suitable reason, they may change this TOS at any time, without prior consent from customers, without contradicting the intent of this contract, so long as the changes are necessary, the details of the changes are fair, and the reasons for the changes are considered reasonable. If this company makes any changes to this TOS they will make a notification on this service’s official site about the changes in advance. The updated TOS will be displayed on this service’s official site for a time determined by this company (at least two weeks) before the changes come into effect. Customers should periodically check the contents of this TOS, even without notification from this company.

17.2 If a customer cannot agree to the contents of this TOS, they can disagree to the changes by cancelling their contract with this service. If a customer continues to use this service after changes to this TOS, then this company considers that the customer has agreed to the changes.

17.3 If the conditions displayed separately on this service by this company are met, such as no access for a period of time, then customer registration on this service may be automatically cancelled.

18. Non-Waiver

18.1 Even if this company does not exercise its rights based on this TOS, guidelines or law, it does not waive those rights, and this company may exercise those rights thereafter.

19. Severability

19.1 Even if all or part of a clause in this TOS or guidelines is judged to be legally invalid, the rest of it shall remain in effect.

19.2 Even if part of this TOS is made invalid in connection with a customer, or cancelled, then this TOS will remain in effect in connection to all other customers.

20. Lex Causae and Jurisdiction for this Agreement

21.1 This service, TOS, and guidelines will fall under the jurisdiction of Japanese law and will be interpreted according to this.

21.2 The Tokyo District Court shall have exclusive jurisdiction in the first instance over disputes about this service, TOS, and guidelines between this company and a customer.

 

The End
Created May 27th 2024