ASOBIMO, Inc. ("ASOBIMO") owns and operates "AVABEL LUPINUS" ("Application", "Service"). Please read the terms and conditions of this End User License Agreement ("EULA") before using the Application.
This EULA will be applied to ALL contents including in-game items ("Items"), or Magic Gems ("In-game Currency", "In-game Currencies") for this Service.
By using the Application you are agreeing to be bound by the terms and conditions of this EULA.
Any third parties that use your registered account for this Application will also be applied to agreeing to be bound by the terms and conditions of this EULA.
The Application will be supported only if it is the application downloaded from the Google Play Store.
Your usage for this Service may be terminated from violating these terms and NO REFUNDS will be made for any purchases you have made.
You agree that if you are under the age of legal majority in using payment settlements for Service or In-App contents that are available only by purchasing, you represent that your parent or legal guardian has read, understood, and agreed to these Terms.
This EULA will be applied to related websites or Application that send or display notices, terms, or rules about this Service.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR CONTENTS (INCLUDING OUR WEBSITES).
1. SERVICE REGISTRATION
1.1. By registering our Service you are agreeing to be bound by the terms and conditions of this EULA. (Registered Users will be called "Member", "Members").
1.2. Your failure to comply with the restrictions and limitations listed below and elsewhere in this EULA shall result in immediate (without notice), automatic termination of the license granted. Registration cancellations, invalidations, or expirations are limited to the following.
a. You may not provide ASOBIMO with false information during the registration process.
b. You may not re-register an account while being suspended due to violating the EULA .
c. Other than a and b, registration cancellations, invalidations, or expirations are applied if those are evaluated necessary by ASOBIMO as major fault is recognized.
1.3. ASOBIMO is not liable for any damages or losses caused by third parties illegal usage of Members registered information except in case of intent or gross negligence.
1.5. A Google Account is required to use the services. Also, you must maintain your Google Account as your own account to continue using the services.
2.1. Service can be used for free of charge excluding some services.
2.2. The price of the information fee for this service is shown in the purchase screen for each market.
2.3. Service can be unavailable during server maintenance or due to data connection conditions.
2.4. Download and gameplay for Application will require communication fees on the transmission method you use.
2.5. Due to the application of laws and regulations and other reasons, if ASOBIMO takes responsibility to customers as a result of negligence (not including intentional or gross negligence occasions), the limit of the amount of compensation for damage will be the total amount of information fee that was bought of our products for the latest month.
2.6. You agree that if you are under the age of legal majority in using payment settlements for Services or In-App contents that are available only by purchasing, you represent that your parent or legal guardian has read, understood, and agreed to these Terms. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors. NO REFUNDS will be made for purchases above, including those made by children in your care.
2.7. ASOBIMO is not liable for any damages or losses of Items or In-game Currencies due to Members failure in transferring data.
2.8. If Member is applied to termination of account from Restriction of Use, your rights to the Items purchased in our Service will be lost.
2.1. IN-GAME CURRENCY
2.1.1. Members will charge In-game Currencies to their own Account from the prescribed methods and will be able to acquire individual contents (Such as items) from this Service by consuming the charged In-game Currencies.
2.1.2. Members will receive the amount of In-game Currencies according to the prices listed and will be charged to your Members Account by purchasing.
2.1.3. Members will acquire individual contents by consuming the required In-game Currencies to acquire the individual contents. When the specified amount of In-game Currencies are certified within the amount of In-game Currencies owned, the consuming In-game Currencies will be deducted from your Members Account and the balance will be updated. Members cannot cancel the consumed In-game Currencies or have Refunds to the acquired individual contents, excluding cases provided by law or by ASOBIMO.
2.1.4. In-game Currencies are to be only for the owned Account, and you cannot give, lend, sell, change names of the In-game Currencies to another Account. Even if you own multiple Accounts, you cannot combine the In-game Currencies from other Members Accounts.
2.1.5. Members can check the In-game Currencies balance, purchase history, and usage history at any time from the history page delivered from ASOBIMO. ASOBIMO will only update the history page and make no other notifications excluding cases provided in our policy.
2.1.6. In-game Currencies are Services incidental to the Members Account, and you cannot unregister only the In-game Currencies Service.
2.1.7. There is no expiration date for In-game Currencies, however, they will be changed automatically into in-game contents (such as items) which ASOBIMO will specify according to the balance of the In-game Currenciess upon reaching the 180 days from the date purchased.
3. TERMINATION OF ACCOUNT
3.1. You may terminate your Account at any time and for any reason by submitting for a deletion of member registration to ASOBIMO from the prescribed methods.
3.2. If there is no activity such as payment for information charges, content purchases, or not logging in to the game in your Account for 180 days or more, you understand and agree that ASOBIMO may delete any Character Data or Registered Information to which you had access and no longer be available to you, and you will have no right to them.
4. TERMINATION OF SERVICE
4.1. ASOBIMO may abort, terminate, or modify the Members' use of the Service at anytime without notice when the following is applied to Members:
a. Violating or threatening to violate this EULA.
b. Information provided by Member is false.
c. Member calls or is called for a bankruptcy or court protection.
d. When payment service providers in use of our Service fails or cancels payments.
e. Any other content evaluated necessary by ASOBIMO from Restriction of Use.
f. When Members fail in management of mobile ID, password, or device causing any losses or damage to Service, or illegal use due to third parties is found.
g. Any other content evaluated necessary by ASOBIMO as interfering our operations.
4.2. Member who has more than one registered account will lose all access to Member accounts for our Service when one of the Member's accounts is applied to termination.
5.1. ASOBIMO is not obliged to reply to all inquires sent from Members about our Service.
5.2. Members will only be supported from email support when sending inquires about our Service.
6. LICENSE TERMINATION
6.1. If Member is applied to violation of "Restriction of Use" and does not respond upon within the notified period, ASOBIMO may terminate your license for our Service with notice.
In the case above, ASOBIMO may apply termination to all our Services.
6.2. If Member is applied to violation of "Restriction of Use" and "Termination of Service", and is evaluated as interfering with our operations, ASOBIMO may terminate your license for our Service without notice.
In the case above, ASOBIMO may apply termination of your license to all our Services.
6.3. ASOBIMO is not liable for any damages or losses caused by service abort or termination.
7. INTELLECTUAL PROPERTY OWNERSHIP
7.1. ASOBIMO, its licensor retain exclusive right (including all intellectual property rights) in and to all materials that are part of the Application, including, without limitation: images, video, audio, text, graphics, designs, programs, and all other materials or content made available on the Application ("Contents") and such Company Materials are protected from unauthorized use.
7.2. Members may use the Contents from our Service only in the device that has downloaded the Application. Members are not permitted to distribute, copy, reproduce, modify, transfer, or reverse engineer any or all of the Application.
7.3. Members may not infringe any of ASOBIMO's or any third parties rights or take any actions related to infringement.
7.4. Members may not use the Contents beyond any personal use so that will violate copyright laws.
7.5. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, caused by your violation of this EULA.
7.6. For other information related to the above, our "Guidelines for secondary usage and fan fiction"(https://asobimo.com/fanfiction.html?l=en)will be applied.
Application is licensed to you by ASOBIMO for personal and non-commercial use only. All trademarks, logos, service marks (collectively "Trademarks") are registered or unregistered Trademarks of ASOBIMO or third parties.
You may not transfer or sub-license any Trademarks to third parties and shall not register Trademarks for any unregistered Trademarks.
Members shall not prosecute registration proceedings in patents, model utility rights, design rights, or copyrights (includes rights to receive patents, model utility rights, design rights) and submit a rights registration or transfer registration for any copyrights (program rights, document rights, routines, or modules rights).
9. PERSONAL INFORMATION
10. PLAYER DATA
10.1. ASOBIMO may change or delete all game data created, submitted, or saved for this Service without notice.
10.2. ASOBIMO may change or delete all text or image information sent to multiple third parties for this Service without notice.
10.3. ASOBIMO will not transfer any player data to other player's data for any reason.
10.4. Members may not license, sell, or convert their player data into real currencies for commercial purposes to receive any financial benefits.
11. NO TRANSFERS OF RIGHTS
Members are forbidden to transfer any rights or your obligations to third parties for this EULA.
12. USER RESPONSIBILITY
12.1. ASOBIMO is not liable for any damages or losses to you or any third party arising out of the use or inability to use the Application.
12.2. ASOBIMO does not guarantee a permanent or unlimited access to data and information (including virtual currency and items) serviced within the Application.
12.3. ASOBIMO is not liable for damages or loss (including, without limitation, loss of data, software malfunction, modification, termination, or network connectivity issues) of information, virtual currency, and virtual items provided by Application.
13.1. ASOBIMO is not liable of damages or loss caused by your defamation of others, invasion of user privacy, unauthorized breach of third party's personal information, and infringement of copyright laws. All claims and expenses will be your sole responsibility.
13.2. ASOBIMO shall charge Member for the damage and loss incurring to ASOBIMO upon resolving any and all disputes that may arise between you and other Users
13.3. ASOBIMO may charge Member for the damage and loss incurring to ASOBIMO upon any infringement of our rights and profits.
14. RESTRICTION OF USE
ASOBIMO may terminate your services if any inappropriate actions are recognized. Application may not be used to do any of the following:
14.1. About Service
a. Exploit and use program defects or malfunctions for fraudulent purposes.
b. Using or encouraging of illegal automated programs, Scripts, and Computers.
c. Hack, falsify content, or engage in similar fraudulent activities on the official website.
d. Damage, disable, or disrupt servers, network systems, or services provided by ASOBIMO and third parties or the operation of Application.
e. Disrupt or intercept Application server data and connectivity.
f. Submitting or transmitting any viruses or programs that will cause damage.
g. Use tools or applications that automate your gameplay character.
h. Interfere with other users using Application.
i. Submitting or transmitting compressed links, shortened links, or transfer links that lead others to access or submit unintentionally.
j. Submitting or transmitting any links to unauthorized Services.
k. Multiple Members using the same device, mobile ID, or passwords.
l. Soliciting Members that have been terminated in the past due to violations.
m. Hiding or changing the source name and modifying header of any content delivered by ASOBIMO.
14.2. About Communications and personal information
a. Upload any content or links that violates user privacy.
Exploit personal information of other users or third parties.
b. Invade, violate, or defame other user's privacy and reputation.
c. Express or encourage harmful or sexually explicit content that causes discomfort for others.
d. Express or encourage discrimination of other users by racial, religious, sexual, or age profile.
e. Impersonate or misrepresent other users by action or use of name.
f. Impersonate or misrepresent third party entities including companies and organizations (including actions against public order and morality).
g. Impersonate or misrepresent ASOBIMO support or employees.
h. Abuse, harass or threaten other users.
i. Use Application for purposes and functions such as online dating.
j. Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation.
k. Posting or transmitting personal information (such as email address, phone number, ID or Passwords of other sites, etc.).
l. The Following Spamming
Spamming Texts: One or more Members posting or sending similar or identical messages in postable areas in our Service.
Spamming Words: One or more Members posting or sending multiple meaningless or unrelated messages in postable areas in our Service.
Other actions evaluated by ASOBIMO as Spamming.
m. Sell, trade, buy, use, promote, or advertise virtual currencies or items for real or electronic money.
Sell, trade or buy virtual currencies or items for items with or from other online games.
n. Transmit or transfer personal information of other users or third parties.
o. Collecting or harvesting personal information from other users
14.3. Moral, religious, political, promotional activities
a. Upload any revealing or sexually explicit content, images, or links including child pornography or prostitution.
b. Actions related or that will lead to any illegal actions such as fraud,, illegal drugs, prostitution, or illegally selling devices.
c. Creating, contracting, intermediating, or soliciting any criminal activities.
d. Transmit any violent footage or content that includes murder, injuries, dead bodies, or any other violent actions.
e. Express or encourage self or group suicide, illegal drugs, or other obscenities.
f. Promote association with government or religious organizations.
g. Perform electoral campaigns or related activities that violate public office election laws.
h. Promote or advertise unauthorized products, applications, or links within Application.
i. Sell, trade, lend any products or rights unauthorized from ASOBIMO or any related actions.
a. Infringe on any copyright, trademark, or other intellectual property rights of ASOBIMO and third parties.
b. Perform, contribute, encourage, or force any activities that violate local, state, federal, or international laws or regulations or third parties.
c. Perform in any actions considered restricted by ASOBIMO.
15.1. Operation of Application may be aborted or terminated, at anytime without notice or liability, in case of the following:
a. Service requires hardware, software, or network upgrade for emergency maintenance.
b. Natural disaster that causes difficulty in operation of services.
c. Fire, electric outages, or other contingencies that cause difficulty in operation of services.
d. War, riot, or dispute that cause difficulty in operation of services.
e. When evaluated necessary by ASOBIMO.
15.2. In no event shall ASOBIMO's liability for all damages (except in except in case of intent or gross negligence) exceed the actual price paid by you for use of the software. If you have not agreed to this EULA, ASOBIMO will not be liable for any damages or loss caused by service.
15.3. You must agree to indemnify, defend and hold ASOBIMO harmless from any claim, liability, damages, loss or expense of reasonable legal and accounting fees arising from the use of Application. ASOBIMO is not liable for any damages or losses caused by you or your engagement with others through the use of Application, and will be your sole responsibility.
15.4. Application may be disconnected from services due to network connectivity. ASOBIMO is not liable for any damages or loss of Member's personal data caused through the use of Application unless major fault is recognized.
15.5. ASOBIMO's liability, if hold responsible due to mandatory provision or court decision for the damages or losses to Member, will not exceed the actual price paid by you for use of the software.
15.6. Members should use the Service taking their own health into consideration. ASOBIMO is not liable for any social, mental, or physical damages or losses caused from inappropriate usage.
15.7. All actions and results of Member's device or mobile IDs will be your sole responsibility.
15.8. All actions and results for this Service, and all claims and expenses due to damages to third parties will be your sole responsibility.
15.9. Any losses due to inaccurate information registered from Members, all claims and expenses will be your sole responsibility.
15.10. All fees occurring (Phone fees, communication fees, Service fees) to Member will be your sole responsibility.
15.11. ASOBIMO makes no warranty that the Application will work properly. These include, any viruses or other disabling features that affect your access to or use of the game, any incompatibility between the game, and other services, and any delays or failures you may experience.
15.12. Any losses or damages to Members or third parties (includes other applications, data, and hardware) due to use of Service will be your sole responsibility.
15.13. Any losses or damages to ASOBIMO caused by Members, ASOBIMO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
15.14. ASOBIMO may have access to information transmitted from Members to protect Service from violations.
15.15. Members shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute. ASOBIMO shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages, attorneys' fees, or other losses incurred in connection with or as a result of any such disputes. ASOBIMO shall charge Member for the attorneys' fees if such disputes are required to be resolved.
15.16. ASOBIMO may notify to all users and services (including this Service) any information of a Member that is evaluated by ASOBIMO to be violating the "Restrictions of Use". ASOBIMO is not liable of any losses due to illegal usage.
15.17. You shall be solely responsible for any results on actions following this EULA, except in case of intent or gross negligence.
16.1. Notices may be sent to Members for information from Service websites or Application. The Service may also provide notification of any changes to the EULA or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
16.2. Notice will come to effect when shown in our Service websites or Application.
16.3. Members shall follow the notice or else be applied to "Restrictions of Use".
16.4. Members must check the above notices periodically, and shall be regarded as accepting the contents of the notices upon accessing our Service after such contents becoming effective.
ASOBIMO is not liable for any damages or losses caused by Members due to any unchecked notices.
17. USER DISPUTES
ASOBIMO shall not be responsible for mediating or resolving any such disputes. ASOBIMO may take actions to Members that have violated the restrictions of use when notified.
18. CONTENT SERVICES
This service may include our other services as well as services (referred to as "Content Services") provided by the service providers in partnership with us.
The following actions are allowed when using the content services.
・Sending points obtained from this service to content services
・Transferring items obtained from this service via content services.
・Using the items transferred via content services for this service.
Within this service, we may implement an event ("Events") that allows the Members to acquire points (the "Points") as specified in Article 18.
This paragraph shall apply to the Member who participates in Events in which the Member can obtain Points, and the Member must give his/her consent to this in advance.
Furthermore, in the event of any conflict between other provisions of this Agreement, etc. and this paragraph regarding "Events", "Points" and obtaining "Points", this paragraph shall prevail.
(1) The Member who participates in the "Events" must periodically check and accept the content of the event rules or guidelines (the "Event rules") that are disclosed in the Application or through the Application. Also, by participating in the "Events", the Member shall be deemed to have accepted the "Event rules".
(2) The "Points" are sent by the company. and they shall be subject to jurisdiction.
(3) The "Points" are sent at the date and time separately determined by the Company in accordance with the "Event rules" after the "Events" are complete and finished, and the amount to send has been finalized. Also, if the sending of "Points" is delayed, the Company shall not be responsible whether or not there is any reason attributed to it.
(4) If the "Points" disappear or fluctuate in the process of sending them to the content services, only when the Company acknowledges that there are reasons for attributable damages to the Company, the share of the disappeared/fluctuated "Points" will be the maximum to be compensated (indirect damages such as lost profits and result damage, etc. will not be subject to compensation).
(5) In the process of sending "Points" to the content services, if "Points" are increased by improper means, whether or not there is any reason attributed to it, we may collect the increased "Points". The Company shall have no responsibly regarding the ways of collecting.
(6) In accordance with changes of Japanese laws and regulations and guidelines (including but not limited to "Payment Services Act" and "Act against Unjustifiable Premiums and Misleading Representations") or guidance or instruction by supervisory authorities, the Company may change or discontinue the content of the Events, Points or the sending of the Points.
(7) The Member who participates in the Events or obtains Points may not engage in the following acts regarding the Events and Points
 infringes or may infringe on the intellectual property rights such as the copyrights or the trademarks, or any other rights of third parties or the Company;
 tamper with or delete any contents of this service or information that can be used through the service;
 create or solicit a Pyramid Scheme;
 transmit or post computer viruses or other malicious programs;"
 advertise, promote or solicit to third parties without the Company's prior approval;
 be or may be in breach of the laws and regulations or guidelines; or
 cause or instruct third parties to conduct any of the above-mentioned acts.
(8) The Company may stop, interrupt or suspend the Point feature in whole or in part any time without any prior notice to the Member regardless of whether the distribution of Application and the providing the service may continue.
(9) If any of the following apply to the Member, even while participating in the Events, the Company may refuse the use of or reuse of the Point features, or may temporarily stop such features. Also, the Company shall bear no responsibility of disclosing the reasons for such a measure.
 where there is any false statement, error or missing in all of or a part of the registered information provided to the Company by the Member;
 where the Member is an antisocial force (an organized crime group, a member of an organized crime group, a person who was a member of an organized crime group within the past 5 years, antisocial force, a terrorist organization, a person who funds for a terrorist organization, or an organization that hinders a normal commercial transaction) or has some kind of interaction with or involves in antisocial force by cooperating to or involving in the preservation, operation or management of antisocial force by funding or any other mean, or where the Company determines that any of the above corresponds to the Member;
 where the Company deems that the Member has violated agreements with the Company or a group company of the Company in the past;
 where the Member has died or where the Member has become a person with limited capacity;
 where the Member uses or borrows someone else's account or name and participate in the Events;
 where more than once Members share one account and participate in the Events;
 where one Member uses more than one account and participates in the Events;"
 where the Member is unreachable;
 where the Member does not accept to or violates this Agreement or the Event rules;
 where the Member is default or delay in payment of the fee in conjunction with the fee for fee-based services;
 where the Member is found or is found to be suspected to perform operations such that the Company does not assume, taking advantage of a vulnerability in equipment or performance of the function or system of the Application;
 where the Member engages in acts that interfere with the Company's operations; or
 where the Company determines that it is not appropriate to permit the Member to participate in the Events or send the Points.
(10) The Company shall not bear any liability whatsoever with regard to the following damages regardless of whether there is any default or act of the Company. This shall not apply, however, if the damages are caused by an illegal act of the Company or the Member proves that the damages are caused by acts or default as a result of gross negligence of the Company.
 Damages arising from fire, earthquake, flooding, or other natural disaster, war, disturbance, rioting, or other such circumstances, power outage, labor disputes, or other abnormal circumstances;
 Damages arising from an abnormality, breakdown, or flaw in servers specified by the Company, other equipment operated or managed by the Company, or software and the like in relation to the Application or the Application, etc.;
 Damages arising from the performance of internet connection services such as response time of the Application; or
 Damages due to reasons not attributable to the Company.
(11) The Company shall not guarantee the value and function of the Points obtained by the Member through Events, except for cases specified in paragraphs (4) and (5) of this Article.
(12) The Member shall not assign, be inherited to third parties or be pledged as collateral some or all of the rights or obligations of participating in the Events or obtaining the Points.
(13) In the event that the Member's account is terminated and the Member loses authority for using the service based on paragraph 4 of this Article (the point of termination/loss hereinafter referred to "Termination date"), the debt that the Company liable to the Member prior to the Termination date shall be cancelled and the Company shall not have any obligation to pay the debts (including but not limited to the sending the Points for the Events).
(14) In the event where a provision of this paragraph is found by Consumer Contract Act of Japanese laws or other laws and administrative guidelines etc. to be expired or invalid, any other provision of this paragraph shall continue to remain in full force and effect.
20. GOVERNING LAW AND JURISDICTION
20.1. The laws of Japan will govern this EULA, without regard to any principles of conflict of law.
20.2. ASOBIMO will consult and negotiate with good faith, however, you must agree that any claims or dispute against ASOBIMO will be resolved by the jurisdiction of Tokyo District Court located in Tokyo, Japan.
21. AGREEMENT UPDATE
21.1. ASOBIMO may change, delete, and renew the EULA at anytime without notice or liability.
21.2. Your continued use of the Application will mean that you acknowledge the recent terms and conditions of this EULA.
* Google Account, Google Play Store, Google Play and logos are trademarks or registered trademarks of Google Inc.
*"Wi-Fi" is a registered trademark of Wi-Fi Alliance.
*All other listed companies, items, and services are trademarks of their respective owners.
Published March 7th, 2018
Updated on January 26th, 2019