These Terms of Service (“Terms”) apply to testers participating in the closed beta test of the Game (defined below) as set forth below.
- This Test is available to residents of the United Kingdom and Australia.
- You must be at least eighteen (18) years of age (or the age of applicable legal majority in your place of residence).
You may not participate in this Test (defined below) if you do not agree to these Terms. If you are a minor, you may not participate in this Test. By accessing, downloading, or participating in the Test, you acknowledge that you have read, understood, and agreed to these Terms, and you acknowledge that you have read and understood the Privacy Notice, before participating in the Test.
Article 1 Definition
- "Company" means Square Enix Co., Ltd.
- "Game" refers to the beta version of the KINGDOM HEARTS Missing-Link mobile game maintained and provided by Company, as set forth in the title of these Terms.
- "Test" means a test using the beta version of the Game.
- "Tester"or “You” refers to the individuals who participate in the Test.
- "Terms" means this "Closed Beta Test Tester Terms of Service".
- "Tester Data" refers to any data accumulated by Company as a result of the participation of Testers in the Test.
Article 2 Application
- These Terms apply to your participation in the Test. Tester shall comply with these Terms in participating in the Test. If Tester participates in the Test based on a service provided by a third party other than Company, Tester shall also comply with the terms provided by the third party (together with these Terms, "Terms and Rules") in addition to these Terms.
- Additional guidelines, rules, terms and conditions of use, and other messaging (the "Additional Rules") which set forth additional or different terms and conditions for use of the Game may be posted by Company on the official website of the Game and will constitute a part of these Terms.
Article 3 Roles and Responsibilities of Testers
- Tester shall provide feedback and help improve the Game by reporting any issues they encounter or discover during the Test.
- Tester i) will not disclose any Test identification information and passwords used to participate in the Test, ii) will not share their Test identification information and passwords with any third party, and will not allow any third party to use the same, and iii) is responsible for the management and their Test identification information and passwords.
- Tester is responsible for any acts performed in this Test with its own identification information and password (if applicable), whether or not the Tester performed such acts.
Article 4 Safe and Appropriate Use
- Use of the Game is at Tester’s sole risk. If Tester causes damage to other persons or Company, Tester shall compensate the injured party for such damage at Tester’s own and sole expense.
- Be aware of your surroundings
- If Tester fails to monitor and account for risks in Tester’s surroundings while using the Game, including things like cars and other people moving through the area, it may result in significant personal injury and/or property damage.
- Tester must not rely on the information from the Game to keep Tester aware of Tester’s surroundings in real-time. Information made available through the Game will not account for everything in Tester’s surroundings and is not intended to replace the need for Tester to remain aware of Tester’s surroundings.
- Tester must take appropriate precautions while using the Game based on Tester’s monitoring of Tester’s surroundings (e.g., traffic, crowds, and hazards). This means, for example, Tester should stop using the Game when engaged in activities, such as crossing a street, that require Tester’s full attention.
- Tester agrees they shall never use the Game while operating a vehicle. Tester must only use the Game in safe places and in compliance with applicable law, rules, and regulations. This means, for example, that Tester should not enter spaces Tester does not have permission to be in while using the Game. In the event of any claim or damage arising from Tester’s use of the Game (an “Incident”), Tester shall be solely responsible for dealing with or resolving the Incident and Company shall not be liable for any loss or damage, except in the case of misconduct or negligence of Company. Neither THE WALT DISNEY COMPANY (JAPAN) LTD., nor its parent company, nor any of their affiliates shall be liable to any third party for any act or result described in this Article 4.
- Tester shall exercise caution to avoid causing any injury or damages to any third parties, including other Testers. In the event of a dispute between Tester and a third party, Tester is solely responsible for resolving any dispute. Company is under no obligation, and assumes no liability or responsibility arising related to such disputes. Company will fully cooperate with any law enforcement authorities or court order requesting disclosure of information.
Article 5 Confidentiality Obligations
Tester shall not disclose to any third party any information concerning the specifications, technology, or defects of the Game which may be obtained through the Test. However, if Company expressly permits such disclosure, Tester may disclose certain information in accordance with any terms set forth by Company.
Article 6 Prohibited Act
Tester is prohibited from engaging in any of the following acts:
(1) the act of assigning, leasing or transferring to another person all or part of the rights that a Tester has as a Tester, or providing for the sale, change of name, pledge or any other security in exchange for Tester’s ability to participate in the Test;
(2) commercial activities including using the Test and participation in the Test for commercial purposes;
(3) acts that infringe or are likely to infringe any third party rights, including but not limited to acts that may be harmful to the life, body, or property of others;
(4) acts that discriminate against others (including organising a group or community that incites discrimination), slander others, or harass others, other acts that third parties may find offensive, and any actions that Company deems offensive or damaging;
(5) acts that lead to violations of law, including but not limited to trespassing, fraud, and any other acts that could result in any violation of law;
(6) creating or using cheat utility, bots, automated software, unauthorised invasive software, mods, or any other software designed to alter or modify the Game; and
(7) other acts in violation or likely to violate any laws and regulations, and these Terms.
Article 7 Information
Company may upload information relating to the hardware, software, and error logs, as well as Tester data from Tester’s hardware, to Company’s servers for the purpose of analyzing and improving the Game.
Article 8 Tester Data
The Tester Data accumulated by the Tester during the test period will not be transferred to the commercial version of the Game in any way.
Article 9 DISCLAIMER; SUSPENSION
- THE GAME AND TEST IS PROVIDED “AS IS.” THE GAME AND TEST ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY PARTICIPATING IN THE TEST, YOU ACKNOWLEDGE THAT YOUR USE OF THE GAME IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE GAME, AND THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY “RELEASED PARTIES”) WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN THE TEST. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO COMPANY’S NEGLIGENCE, WILL RELEASED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE GAME AND THE SERVICE, EVEN IF COMPANY OR AN AUTHORISED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF RELEASED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED ONE HUNDRED POUNDS STERLING (£100.00 GBP).
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS CONTAINED IN THESE TERMS. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU WILL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
- Company may suspend the Test or change the duration of the Test at its sole discretion.
Article 10 Ownership of Rights
Between Tester and Company, Company retains all rights in connection with the Game and Tester Data (including all intellectual property rights therein). Tester is only granted a limited license to access and use the Game to the limited extent permitted by these Terms. In consideration of Tester’s participation in the Test, Tester transfers to Company all rights to any ideas, information, suggestions, etc. provided by Tester to Company.
Article 11 Changes to these Terms
Company may change these Terms at any time in its sole discretion. Company shall notify Testers of updates to these Terms by posting a notice on the Game’s website for the Test.
Article 12 Governing Law
These Terms shall be governed by the laws and regulations of Japan with respect to all matters including their effect, interpretation and exercise. Tester agrees that the Tokyo District Court shall be the exclusive and agreed court of first instance for disputes relating to these Terms or the Test.