Welcome, and thank you for your interest in our official site for Pokémon Masters EX ("Services")! By using or accessing our Services you agree to be bound by this Terms of Use ("Terms of Use") and read and understood the Services’ Privacy Policy (“Privacy Policy”). In this Terms of Use, "DeNA", "us", "we", or "our" means DeNA Co., Ltd. and its subsidiaries. This Terms of Use applies to all visitors, users, and others who access the Services. All references to “you” or “your,” as applicable, mean the person who accesses or uses the Service in any manner, and each of your heirs, assigns, and successors. If you don’t agree with the Terms of Use, please do not use the Services.

Please review and refer to the Services’ Privacy Policy to understand the Services’ collection, use, transmission and disclosure of your personal information provided by or collected from you and the choices you have when you use the Services.

By accessing our Services, you (or your parent or legal guardian, as applicable) are agreeing that you will comply with the terms and conditions of this Terms of Use. If you are a parent or legal guardian permitting a minor to use the Services, you are also agreeing that the minor will be bound by these Terms of Use. If you don’t agree with the Terms of Use, please do not use the Services.

You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.

DeNA does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.

(a) Grant. With the exception of third party materials and user-generated materials as addressed below, all content of our Services, including text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files (the "DeNA Content") is proprietary of DeNA and its licensors. DeNA hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display DeNA Content on your Device solely for your personal, non-commercial, and entertainment use. Except as permitted by this Terms of Use, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any DeNA Content. Any unauthorized use of DeNA Content may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license. Except only as expressly set forth in this Terms of Use, this Terms of Use does not grant to you any license to any intellectual property rights or other proprietary rights.

(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.

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(a) Your Responsibility. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post, transmit, or share, and you are solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this Terms of Use.

(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and DeNA, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting User Content, you (i) authorize DeNA to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content; and (ii) grant to DeNA a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, DeNA may retain archived copies of your User Content for so long as is necessary for administrative purposes, and, if DeNA has used your User Content prior to removal, DeNA may continue to use your User Content in any manner DeNA previously had used such content unless privacy laws applicable to you provide otherwise. (For example, if your User Content was included in an advertisement, DeNA may continue to use such advertisement.)

(c) No Liability for User Content. DeNA has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content and such User Content does not necessarily reflect the opinions, positions, or policies of DeNA. Although DeNA provides rules and principles for user conduct and postings, DeNA does not control, and has no liability to you for, what users post, transmit, or share. Further, DeNA has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.

(a) General. You may use our Services solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use our Services in an unlawful, threatening, or harassing manner, or take any action that, in DeNA's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that DeNA intends to govern the use of our Services. In addition to the above, you agree not to do any of the following in connection with our Services:

• Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information or other material that:
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• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
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• Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide services or content;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
• Collect or store any personally identifiable information from any service, or from other users of services, without express permission;
• Impersonate or misrepresent your affiliation with any person;
• Violate any applicable law or regulation;
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• Bully, harass, or intimidate any person;
• Circumvent any restriction to Services based upon age, geography, or any other restrictions imposed by us;
• Solicit credentials from another person or collect user content or otherwise access any system, software, or network by automated means, including bots, robots, or spiders;
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• Use your account or profile for personal commercial gain;
• Use cheats, exploits, hacks, bots, mods, or third party software designed to gain an advantage, perceived or actual, over other persons, or modify or interfere with any system, software, or network in any way;
• Abuse or exploit a bug, glitch, or other mechanism in any system, software, or network
• Engage in any fraudulent behavior, including credit card scams or credit card misappropriation; or
• Encourage or enable any other person to do any of the foregoing.

(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(c) Legal Action by DeNA. DeNA reserves the right to investigate and take legal action against violators as appropriate.

(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at dena@opencs.dena.jp.

(a) Right to Remove. DeNA reserves the right, in its sole judgment, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to deny, restrict, suspend, discontinue, or terminate access to our Services or any portion thereof at any time with or without prior notice or explanation, for any or no reason, and without liability, including where DeNA determines or believes, in its sole discretion, that you have violated this Terms of Use or to protect DeNA, third parties, our Services, or users from perceived harm.

(b) Right to Monitor. You acknowledge that DeNA has no obligation to monitor or record your access to or use of our Services, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

The privacy of users is important to DeNA. DeNA's Privacy Policy, which is incorporated into this Terms of Use by reference, is available here.

(a) Policy Statement. DeNA respects the intellectual property rights of others and expects its users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services any materials that violate third party intellectual property rights. Further, in accordance with DeNA's repeat infringer policy expressed in our Copyright Infringement notice available here and incorporated herein by reference, it is the policy of DeNA to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including DeNA's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services for users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law.

(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify DeNA's designated copyright agent for receiving claims of copyright infringement as follows:

ATTN: COPYRIGHT AGENT
DeNA Co., Ltd., 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140 JAPAN
Tel: +81-3-5843-0872
Email: support@pokemonmasters-game.com

Please note, though, that as referred to in more detail in our Copyright Infringement notice available here certain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.

YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND DENA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FURTHERMORE, DENA HEREBY EXPRESSLY DISCLAIM ANY LOSS OR DAMAGE CAUSED AS A RESULT OF VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL ARISING FROM A USER’S USE OF THE SERVICES, AND USERS ARE RESPONSIBLE FOR USING THEIR OWN VIRUS PROTECTION SOFTWARE.

DENA MAKES NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.

IN NO EVENT WILL DENA, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DENA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DENA'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.

(a) With Third Parties. You are solely responsible for your interactions with third parties.

(b) Governing Law. You agree that the laws of Japan, excluding its conflicts of law rules, will govern this Terms of Use and any dispute between you and DeNA.

(c) Jurisdiction and Venue. You and DeNA agree to submit to the exclusive jurisdiction of, and venue in, the Tokyo District Court in Japan with respect to any dispute between you and DeNA. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DeNA from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

You agree to indemnify and hold harmless DeNA, its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services; (ii) your breach of this Terms of Use or our Privacy Policy; and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this Terms of Use, our Privacy Policy, or your use of our Services.

We reserve the right to change this Terms of Use at any time. If we change this Terms of Use in a material way, we will give notice of that in our software, on our Services, and/or by email to any email address we may have for you at that time. Your use of our Services after we have changed the Terms of Use will indicate that you have read, understood and agree to be bound by the updated Terms of Use.

You accept this Terms of Use by accessing our Services. This Terms of Use constitutes the entire agreement between you and DeNA regarding your use of our Services. If any provision of this Terms of Use is determined to be invalid or unenforceable such provision will be deemed severed from this Terms of Use and the remaining provisions of this Terms of Use will not be affected thereby and will continue to be binding upon you and enforceable. The failure of DeNA to insist upon strict performance of any of the provisions contained in this Terms of Use will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this Terms of Use. This Terms of Use and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. DeNA may freely assign this Terms of Use and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, by email, or by any other means that you may inform us of; except as otherwise provided in this Terms of Use, all notices given by you under this Terms of Use shall be made by post to:

DeNA Co., Ltd., Attn: Legal Department, 2-24-12 Shibuya, Shibuya-ku, Tokyo
150-6140 JAPAN.

Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third party beneficiaries of this Terms of Use, and will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary thereof.

If you have any questions concerning our Services or this Terms of Use, or for any product or support issues, please contact us at support@pokemonmasters-game.com.

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