1. Purpose

These Terms of Services (the “TOS”) explain the general conditions that apply when you use the services available on Crane Game Paradise (the “Services”) that is provided by 株式会社クローマシーン (“クローマシーン”, “we”, “our” or “us”) over the internet. By agreeing to the TOS and using the Services provided by us, the user (the “User”) also acknowledges and consents to all other conditions we have outlined for the Services including the Operation Policy, Privacy Policy, and more.

2. Definitions

For the purposes of the TOS, the following terms shall have the following definitions.

“クローマシーン”, “we”, “our” or “us” means 株式会社クローマシーン which provides the Services.

“User” means an individual who has agreed to comply to the TOS, has created and verified their account according to the procedures specified by us, and is eligible to use the Services.

“Account” collectively means all information (nickname, password, game data, etc.) that can be used to personally identify the User.

“Password” is a combination of letters and numbers determined by us. It means a password selected by the user to authenticate the user’s own account and protect the user’s information.

“Nickname” means a name set by each user for their accounts. The nickname is used for users to identify each other and when contacting support.

“Paid Services” means points etc., granted to the user for a fee in the Services.

“Points” mean in-game virtual currency that can be used within the Paid Services.

“Tickets and Coupons” mean digital data or medium that gives the user digital usage rights for free or for a discount in the Services.

“Prizes” mean prizes that the user can acquire from the games within the Services.

“Operation Policy” are documents that summarize the general rules of operation of the Services for Users who use the Services.

They are available on each individual service or their websites.

3. Application of and Changes to the TOS

The TOS is shown on the website and the User is deemed to have agreed to all the terms in the TOS when they complete their account creation on the Services.

クローマシーン reserves the right to update the contents of the TOS at our own discretion. All updates to the TOS shall take effect from the moment they are displayed on the website or in the application. Users who do not agree to such updates may subsequently follow the prescribed procedures to terminate their account on the Services. By using the Services after the TOS update, you confirm your consent for all changes to the TOS.

Users shall visit the website regularly to check the updates to the TOS. We assume no responsibility for any losses incurred by the User due to the User’s neglect in checking the updated content. Additionally, by using the Services after the TOS update, the User is automatically seen as confirming their consent for all changes to the TOS.

Users who do not agree to the updated TOS may use the methods prescribed by us to inform us of their disagreement, discontinue their participation and use of the Services, and terminate their account.

クローマシーン shall only be obliged to provide the TOS, the Services, and information related to them (the “TOS etc.”) in Japanese. If translations of the TOS etc. are available in another language, they will be considered as reference only. The Japanese versions will be prioritized and applied. However, this shall not apply where there is an express provision for matters not stated in any clauses in the TOS etc.

Users who access or use the Services from a jurisdiction outside Japan shall be responsible for compliance with all applicable laws and ordinances in the country or region where they use the Services. Please ensure that you are in compliance with all applicable laws and ordinances of the country or region you are in before agreeing to the TOS and using the Services. Additionally, the User assumes all responsibility for all laws and ordinances applicable to the usage of the Services. The User is deemed to have consented to absolve クローマシーン of any legal responsibility in this regard.

By using the application of the Services, the User is deemed as to have agreed to the terms and conditions established by either Apple Inc. (“Apple”) or Google Inc. (“Google”) other than this TOS. As a general rule, Apple and Google bears no responsibility with regard to the Services. In addition, the TOS etc. is an agreement formed solely between the User and クローマシーン. It does not determine the relationship between the User and Apple or Google nor between クローマシーン and Apple or Google.

4. Additional Provisions

In matters not expressly mentioned in this TOS and the terms of use of the individual services but are stipulated by related laws, those provisions shall apply.

All other terms provided by クローマシーン for each individual service, such as Operation Policy, Privacy Policy, and more, are considered to be a part of this TOS. If there are any contradictions between the provisions of this TOS and the Operation Policy etc., the terms provided in the individual Operation Policy etc. shall be prioritized.

5. User Registration and Information Collected

To use the Services, please agree to the TOS and subscribe to the Services using our prescribed method. The User is required to register with us as a User to use the Services.

The User shall furnish accurate and the latest information when subscribing to the Services. Furthermore, when there are changes to the User’s registration information, they shall submit any such changes to us using the prescribed communication channels as soon as possible. We assume no responsibility for any losses suffered by the User due to false or outdated registration information.

We use the Users’ information for the following purposes in the Services, based on the terms of “’Crane Game Paradise’ Privacy Policy” that is separately provided by us. Please note that the User may be unable to use all or a part of the Services if the User does not furnish us with the required information.

• To verify the identity of the User
• To answer inquiries from the User
• To communicate and offer our new products, services, etc., to the User
• To get user feedback on the Services
• As statistical data on the use of the Services for the purposes of improving or for fixing any issues with the Services.
• For sending the Prizes won by the User to the User
• To prevent the use of the Services by Users who have infringed the TOS

Users who are minors or other persons with restricted active legal capacity need to acquire the consent of their legal representative, such as their parents or guardians, before accepting the TOS. Please note, however, that at the time of registration, we deem that the consent of the legal representative mentioned above has been granted prior to the registration.

The rights and entitlement to the Account belongs solely to the User who registered it. This right cannot be in any case shared with, transferred, sold, be changed in ownership, be subject to the establishment of the right of pledge, or be offered as a security, etc., to third parties regardless of whether or not payment is received. In the event that we deem the operation of the Services difficult due to issues such as defects to the physical machines or network disruptions, we reserve the right to restrict (suspend or discontinue) the use of the Services for the User until said issues are resolved.

Users who would like to change their Account ID or Password shall follow the procedure outlined by us to change them.

We reserve the right to suspend the use of your Account or delete your Account if any of the following conditions apply. In such cases, all Points and Prizes acquired under the Account will be deleted and forfeited.

• Registered information is inaccurate, outdated, or deemed by us to be incomplete (including cases whereby we are unable to contact the User via emails to the registered email address)
• The User has been banned from the use of the Services or has violated the TOS in the past.
• When it is found that a minor, as described in the preceding paragraph, did not acquire the consent of their legal representative before registration.
• If the User’s Nickname contains expressions that are offensive to public order and morals.
• If the User conducts any of the prohibited actions described in Article 6 of the TOS.

6. Account Creation

When the User submits a request to use the Services based on the terms outlined in Article 5, the Account will be created once we verify and accept your application.

Once the Account is created, an agreement based on the TOS for the Services is deemed to have been formed automatically between us and the corresponding Account.

In the event that any of the following issues present themselves, we may put the Account creation on hold until the issues are resolved.

• When we find ourselves unable to provide satisfactory service due to our lack of infrastructure to support the use of the Services.
• When we find ourselves unable to provide satisfactory service to the User due to a disruption in the Services.
• When it is difficult for us to approve the request due to administrative issues.
• When we deem it unreasonable to process the request
• When there are adjustments to the test schedule for the Services due to our circumstances

7. User Responsibility

The User shall take personal responsibility for the use of the Services. The User agrees to take full responsibility for all acts performed when using the Services (including but not limited to acts that violate this TOS) and any consequence as well as loss that result thereof, and shall bear the cost of any compensation for damages (including all legal costs) resulting from their actions. クローマシーン is exempt from all liability related to the following actions.

• When the User engages in any act resulting in the defamation of others through the Services
• When the User infringes on privacy rights and disclose personal information to a third party without permission.
• When the User infringes on any other rights of others (including but not limited to copyrights, trademarks, right of publicity, etc.)

The User who has committed such actions are required to take responsibility and bear any costs for resolving any such disputes. They shall indemnify and hold harmless クローマシーン and all other parties against all damages, losses, and expenses of any kind.

The User shall be personally responsible for and bear the costs for preparing all communication devices, software, phone contract, and broadband internet service in order to use the Services.

The User shall be personally responsible for managing the User's own Password. クローマシーン shall not be held responsible for any losses incurred by the User due to unauthorized use of the User's Password by a third party. In addition, if the unauthorized use incurs losses to us or a third party, the corresponding User shall bear all responsibility.

If you find another User infringing on the TOS, please report it to us as soon as possible.

Users who find it necessary to change the registration information which they furnished at the start of their usage of the Service shall follow the steps prescribed by us and edit their registration information as soon as possible.

In playing Crane Game Paradise using a wireless operation device such as a smartphone or tablet, the User acknowledges the instability of the network conditions and are deemed to be responsible for choosing to use the Services in the event that any malfunctions occur during their play due to the instability of the network.

In relation to the preceding paragraph, no compensation is guaranteed in such an event.

8. Paid Service

The usage fee and pricing of the Paid Service are displayed in default locations on the website and application respectively. Additionally, when there are any changes to the usage fee due to a decision by us or payment service providers, the revised usage price will be displayed in those default locations.

Users using the Paid Service shall pay the usage fee according to the payment terms and payment methods determined by us.

When a minor uses the Services, we reserve the right to hold off on the approval of their subscription. Additionally, even after we have approved of their subscription, we reserve the right to discontinue or restrict the provision of all or a part of the Paid Service to the User who is a minor.

Users who are minors or other persons with restricted active legal capacity shall acquire the consent of their legal representative, such as their parents or guardians, before purchasing any Points. Please note, however, that once the purchase of Points has been made, we deem that the consent of the legal representative mentioned above has been granted prior to the purchase. If a User using the Paid Service does not make the payment to us by the payment due date set for the usage of the paid service, we reserve the right to suspend the usage of the Services for the User without prior notification. Additionally, if the User does not make the payment after being sent a payment reminder, we reserve the right to terminate the TOS between us and the User, and suspend the User's Account.

In the event that a dispute regarding the usage fee ensues between the User and their credit card company or other payment service provider during the payment of the usage fee, the dispute shall be resolved amongst themselves. We are not obliged to be involved in any way or take any responsibilities for such disputes. In addition, if the dispute occurred due to causes attributable to the User, and losses are incurred to us, the User will be required to compensate for all damages incurred by the User to us.

Points purchased by the User will be valid until 24:00 of the 180th day starting from the payment date. Purchased Points shall be valid only while the User maintains their entitlement to use the Services. In the event that the User unsubscribes or loses their entitlement to use the Services due to other reasons determined by us, all Points owned by the User will become void. Additionally, the User has no right to raise a complaint or objection to such a measure.

We will not issue a receipt or notice of receipt of the usage fee directly to the User.

The User may not cancel, withdraw, or request a refund for their purchase of Points for any reason. Additionally, we are not obliged to respond to any such claims in any circumstance. In addition, if the User’s account is deleted (including when the User’s entitlement to use the Services is rescinded by us), we shall not provide any redemption or refund nor compensate for any damages for the remaining Points owned by the User.

We shall not be held liable for any losses (including misentered credit card information) incurred to the User. In addition, if losses are incurred to us due to the User’s fraudulent or illegal use of credit cards, the User shall be liable to compensate for any such damages to us.

When settling the credit card payment for the charges incurred for using the Services, we will seek the approval to use the User’s credit card from the corresponding credit card company using a predetermined method. In the event that the payment is not approved by the credit card company, we may leave the payment unsettled. In such cases, even if losses are incurred to the User, we shall not be held responsible for any such losses.

Even after the credit card payment by the User has successfully been settled, we reserve the right to cancel all payments by the User for any of the following reasons.

• When the credit card company rejects or informs us of the suspension of the corresponding credit card
• When it is found that the User has used the credit card fraudulently or illegally

Credit card information and other payment information are transmitted to our payment agency.

We do not store any of the User's credit card information.

When the User has both free and paid Points, the paid points will be consumed first when they use the points for the Services.

9. Delivery of Prizes and the Ownership of Delivered Goods

Prizes obtained through the Paid Service will be sent to the delivery address registered on the User’s Account. We will not deliver the Prize to a third party.

The User who wishes to have the Prize they won delivered to them may make a delivery request to us by following the procedures we have outlined up until 24:00 of the 14th day from the day they won the corresponding Prize.

If a delivery request is not made within this period, the User loses all right to the corresponding Prize.

All risks related to the Prize won by the User shall be transferred from us to the User once the delivery request described in the preceding paragraph is received. Once the User receives the Prize, the ownership of the Prize transfers from us to the User.

The delivery fee and payment method for the delivery of Prizes won by the User will be based on the fee and fee schedule determined separately by us.

The Prize will be sent via the delivery method determined by us. The User may neither designate the delivery method, including the delivery agent, nor the time and date of delivery.

In the event that the delivery of the Prize won by the User who requested the delivery becomes impossible due to causes attributable to us (including but not limited to the damage or loss of the Prize obtained by the User), we may exempt ourselves from liability for damages by granting the equivalent amount of Points (limited to paid Points only) used by the User when obtaining the corresponding Prize to the User for free.

We reserve the right to suspend the delivery of Prizes won by the User in the event that the User takes any action to stop all payments (including but not limited to payments for the purchase of paid points) to the Services, such as by requesting chargebacks. In such cases, the preceding paragraph shall continue to apply unless the User withdraws the action to stop payments within the period during which they are entitled to the delivery and requests for a redelivery.

In the event that the Prize won by the User is sent but fails to reach the User and is returned to us due to causes attributable to the User, such as unknown address, absence of the User during delivery, delivery refusal, etc., the User loses all rights to the corresponding Prize. The ownership of the Prize won by the User is deemed to have returned to us and we shall be under no obligation to store or deliver the Prize to the User. Furthermore, we shall be under no obligation to fulfill the User’s request to refund the Points, money, etc., spent to obtain and deliver the Prize.

The User shall pay all fees (including liabilities resulting from the use of the Service and liabilities with pending amounts due to reasons such as disputes that have been imposed on the User) resulting from the use of the Services, including in exchange for paid Points, etc. to us using the payment method and according to the terms of payment determined separately by us. We will not refund any payment amount that has already been received.

In case the Prize handed over to the User is damaged, defective, or has any other flaw, or if the delivery to the User failed due to causes attributable to us (including but not limited to the damage or loss of the Prize), the User shall contact us within 3 days of receiving the corresponding Prize using the contact details designated by the Services and inform us of the issue. When we receive such a notification, we shall exchange it for a non-defective Prize. However, if there is no communication from the User within the period mentioned above, we shall deem that the Prize handed over is without defect. Additionally, if the same Prize is not available for exchange, we may exempt ourselves from liability for damages by granting the equivalent amount of Points (limited to paid Points only) spent in succession by the User to obtain the corresponding Prize to the User for free, and we shall not be held responsible for any other causes that led to the defect or loss of the Prize.

The Packaging of the Prize to be handed over shall include cushioning and packing material to protect the Prize itself and are predetermined by the manufacturer and seller of the respective Prizes. Due to the nature of crane games, the packaging may have scratches inflicted by the crane arm, or be dented or damaged by the drop when the Prize is won. Additionally, the packaging may also be damaged or dented during delivery or be applied with stickers such as barcodes for stock management. In the event that the packaging of the Prize handed over is dented, damaged, or is applied with stickers etc., we shall neither exchange the prize nor reimburse the Points nor refund the money that have already been received for the corresponding prize.

10. Suspension and Discontinuation of the Services

We reserve the right to temporarily suspend the provision of all or part of the Services at our discretion, without prior notice to the User. In addition, if the provision of all or part of the Services proves difficult due to any of the reasons below, we reserve the right to temporarily suspend the provision of all or part of the Services at our discretion, without prior notice to the User.

We shall not be held responsible for any cost (including but not limited to phone bills, internet bills, etc.) or damages incurred directly or indirectly to the User or third parties due to the suspension of the Services.

The User shall not be entitled to claim any reimbursement, refund, or compensation for the Points owned by the User due to the suspension or discontinuation of the Services.

Natural disasters such as tsunami, floods, earthquakes, volcanic eruptions, etc., force majeure such as rebellions, social upheaval, war, etc., and fires, power outages, and disruption of lines of communication, etc.

Regular maintenance and emergency system maintenance for maintaining the Services.

To comply with the decree or orders of law enforcement or government agencies.

Any other operational or technical reasons.

We may discontinue all or part of the Services by informing the User of the discontinuation at least 30 days prior, for any reason and at our discretion. The User shall not be entitled to claim the Points, data, etc., owned by the User prior to the suspension or discontinuation of the Services when all or part of the Services are suspended.

11. Payment

The User shall pay the Usage Fee for the Paid Service (including any liabilities incurred by the User for any other paid services, where applicable) using the payment method and according to the payment terms determined separately by us.

When disputes related to the fee and other monetary liabilities arise between the User and the settlement company or payment agency for any of the payment methods used by the User for the Paid Service, the User shall settle any such disputes with the corresponding party.

We shall not be involved in any way or take any responsibilities in such matters.

Information entered for payment settlement, such as credit card number and expiration date are sent to our payment agency and are not stored by us.

12. Suspension of Paid Service

We reserve the right to temporarily suspend the provision of all or part of the Paid Service at our discretion, without prior notice to the User.

We shall not be held responsible for any damages incurred to the User or a third party due to the suspension of the Paid Service.

The User shall not be entitled to claim for any reimbursement or refund for the remaining Points owned by the User before the suspension or discontinuation of the Paid Service.

13. Discontinuation of Paid Service

We reserve the right to discontinue the provision of all or part of the Paid Service at any time and at our discretion by notifying of the discontinuation at least 30 days prior on the “Crean Game Paradise” website, https://claw-para.jp.

We shall not be held responsible for any damages incurred to the User or a third party due to the discontinuation of the Paid Service.

The User shall not be entitled to claim for any reimbursement or refund for the remaining Points owned by the User before the discontinuation of the Paid Service.

14. Restrictions on the Use of the Services

In the event that any of the following situations ensue, we may restrict the usage of the Services for the corresponding User without prior notice to the User. The contents restricted and the method of restriction shall be at our sole discretion.

• When the actions of the User may infringe on or violate the TOS. Or if they violate the TOS.
• When the User’s password is compromised, and a third party uses the Services illegally or uses other services provided by us illegally, or may have conducted such actions.
• When we deem that the actions of the User may cause harm to our business. (Including to the Services.)
• When a User owns multiple accounts and one of the accounts is restricted on the use of the Services.

We shall reserve the right to impose similar usage restrictions on all accounts owned by the corresponding User.

15. Account Deletion, Usage Suspension, and the Termination of TOS Agreement on the Service

Users who would like to delete their account shall navigate to their profile page and select “Delete Account” to delete their account. No costs will be incurred when deleting an account.

Please note that the User will not be able to recover any Points owned or request for the delivery of obtained Prizes if the account is deleted.

If a User imposed with usage restrictions on the Service does not amend, correct, or mitigate the causes of the usage restrictions despite being warned within a predetermined reasonable amount of time, we will notify the corresponding User through the method determined by us. After the notification, we reserve the right to cancel the corresponding User’s registration and discontinue the provision of the Services to the User.

In the event that we find the cause of the usage restriction on the Service to be severely harmful or is extremely malicious to us, we reserve the right to cancel the User's registration and discontinue the provision of the Services to the User without prior notice to the User, notwithstanding the provision of the previous paragraph.

We shall not be held responsible for any consequence or damages incurred to the User or third parties due to the enforcement of the measure described in the previous paragraph.

16. Upload of User-Generated Content

When uploading any text, graphic design, etc., copied from the Services to the internet and publishing them in various ways, the User shall thoroughly check that the uploaded data does not infringe on the rights of all other persons (including us) other than the User before uploading them.

We reserve the right to constantly monitor all data uploaded by the User in the interest of managing the Services.

In any of the following cases, we reserve the right to correct or delete any uploaded data promptly without prior notice to the User. However, we are not obliged to control the data uploaded by the User. The User shall be wholly responsible for any cost or damages incurred on the corresponding User or any other persons (including us) due to the data being left uncorrected or undeleted. We shall not be held responsible for any damages incurred due to such cases.

• When the uploaded data exceeds the period or amount determined by us.
• When the uploaded data infringes on our rights or those of third parties, or are actions that may result in such.
• When the uploaded data violates the law and is offensive to public order and morals, or are actions that may result in such.
• When we deem it necessary for the maintenance and management of the Services.

In the event that the data uploaded by the User incurs any cost or damages to us, the User shall bear the costs incurred or compensate for the damages based on our claims.

17. Handling of Personal Information (Privacy Policy)

All personal information collected from the User in the Services shall be handled based on the terms of “’Crane Game Paradise’ Privacy Policy” that is separately provided by us.

18. Non-Guaranteed Elements

We shall neither guarantee nor bear responsibility for any of the following items notwithstanding the TOS and governing laws. In addition, notwithstanding the issues that emerge from the following items, we shall not be obliged to correct them and compensate for special damages, indirect damages, incidental damages, and consequential damages.

• Sound operation of the Services at all times.
• Absence of any issues and defects in the Services and on the Services.
• Absence of any bugs and defects in the software as well as all data and information provided in the Services and on the Services.
• Timely provision of the Services without disruptions and stable server access at all times when using the Services.
• The content and system of the Services matches perfectly with the wishes and specific goals of the User.
• Information provided by the Services is accurate and credible.
• Data sent and received by the user on the Services are accurately displayed on the device screen and is stored in the predetermined server without fail. And it reaches us or third parties including other users.
• Data uploaded on the Services are deleted.
• Guaranteed safety of the Services (including any issues with the User’s PC and internet connection when using the Services)

19. Ownership of Rights

The following elements contained in the Services (data, program and software, trademarks, trade names, know-how, trade secrets) as well as all technical rights pertaining to them (all kinds of rights including but not limited to patent rights, utility model rights, design rights, copyrights), and other rights pertaining to them including usage rights and administrative rights shall be owned by us or third parties that own them.

The User may not modify, adapt, copy, edit, reproduce, distribute, transmit, or publish the following elements (data, program and software, trademarks, trade names) contained in the Services without a written consent from us or the third parties who own the rights to them.

In addition to this, they may not use them privately beyond the bounds prescribed by the law or for commercial purposes.

Once they are uploaded by the User, the User is deemed to have granted us with the right to copy, distribute, and delete the uploaded data at any time and at our discretion. In the event that we send or distribute the uploaded data to a third party, we shall conceal the specific identity of the User that uploaded the corresponding data.

In the event that the User makes any type of proposal related to the services, discloses and submits it when using the Services, we reserve the right to use the proposal without obtaining the consent of the User who proposed, disclosed, and submitted it.

20. Restoration Measures and Liability for Damages

In the event that the User commits the prohibited actions mentioned in the preceding article, we reserve the right to restore such errors and take any necessary and appropriate measures in the interest of providing optimal and smooth operation and management of the Services.

In the event that we or third parties suffer losses due to a violation of the TOS by the User, the corresponding User shall be liable for the corresponding damages in accordance with the claims made by us or the third parties.

21. Disclaimers

We are not obliged to develop, operate, and provide the Services including the Paid Service to the User. In the event that any issue, controversy, or dispute arise between Users through the use of the Services, we shall not be held responsible for any such events.

The User’s data and other information contained in the User’s data may be destroyed or lost due to force majeure beyond our expectations, such as power outages, defects, device malfunctions, network disturbances, and more, that prevent us from providing the Services. Except in cases in which we acted in bad faith or serious negligence, we shall not be held responsible for the destruction, lost, delay, etc. of the User's data and information contained in the data due to such events and damages incurred thereof.

In the event that the disclaimers detailed in the TOS is denied on the grounds of mandatory provisions of the law or the final decision of the court of law, etc. notwithstanding the provisions of this article, we shall bear the cost of compensating for direct damages suffered by the User (that is, lost profits, consequential losses, and other indirect damages are totally ineligible for compensation), and the upper limit on compensation payouts shall be the usage fee of the Services that have already been paid for by the corresponding User.

The User shall use their own judgment to avoid overuse of the Services in such a way that disrupts a healthy lifestyle. In the event that any social, mental, or physical damage is caused due to the User’s deviation from appropriate use as described above, we shall not be held responsible for such damages.

Once the holding period that the User has on the Prizes that they won expires, they lose all rights to the Prize and we are not obliged to transfer the ownership or deliver the Prize to the User. For Prizes sent to the User within the holding period, other than Prizes damaged during delivery, we are not obliged to bear any responsibility for the quality of the Prizes.

22. Governing Law and Dispute Resolution

The TOS shall be governed by and construed in accordance with the laws of Japan. In the event of a dispute, claim, or controversy in relation to the provided Services between the User and クローマシーン, both Parties shall attempt to resolve them through private consultation in good faith. If the dispute is not resolved by private consultation, either party may refer the dispute to final and binding arbitration administered under the exclusive jurisdiction of the Tokyo District Court as the court of first instance. However, any legal litigation must be commenced within 1 year of the incident that led to the corresponding dispute. After 1 year has passed, no litigation may be made on the basis of the incident that led to the corresponding dispute.