Article 1. General Provisions
2.By using in-game content, all users agree to adhere to these terms and conditions,
as well as to the terms and conditions as set forth separately in the Nintendo Switch Terms and Conditions,
the Nintendo Account Use Terms and Conditions, and the Nintendo Network Use Terms and Conditions
(hereinafter referred to as "Nintendo Terms and Conditions"), by Nintendo Co., Ltd.
3. In the event that there is a contradiction between the items stipulated in these terms and conditions
and the items as set forth in the Nintendo Terms and Conditions with respect to the use of in-game content,
the provisions set forth in these terms and conditions shall prevail.
Additionally, any items set forth in our official website shall form part of these terms and conditions,
and the items as set forth in the official website shall prevail in the event of any arising contradictions.
6.Brownies shall not be liable for any damages incurred by users due to changes in the Terms or failure to confirm the preceding paragraph, except in cases where Brownies is intentionally or grossly negligent.
Article 2. User’s Information
Article 3. Change, Cancellation, or Suspension of Services
1.Brownies may change all or part of the contents of the Contents without prior notice to you.
2.Brownies may terminate the provision of all or part of the Contents at its discretion. In such a case, the Company shall, except in cases of urgent necessity, announce or notify the customer to that effect in advance by a method that the Company deems appropriate.
3.Brownies may suspend the provision of the Contents temporarily or for a long period of time without prior announcement or notice to you if any of the following events occur
(1) In the event of periodic or emergency maintenance or repair of hardware, software, communication equipment, or any other resources used to provide the Contents.
(2) When communication lines, such as Internet lines, are interrupted.
(3) Force majeure such as natural disasters
(4) Fire, power outage, or other unforeseen accidents
(5) War, conflicts, disturbances, riots, labor disputes
(6) In any other cases where the Company deems it necessary to suspend the provision of the Contents in accordance with the preceding items.
4.Brownies shall not be liable for any damages incurred by you as a result of the modification, termination, or suspension of the Contents in accordance with this Article, except in cases where the Company is intentionally or grossly negligent.
Article 4. Disclaimer
1.You acknowledge that the Content and the manner in which it is provided are subject to change on a daily basis. Brownies does not guarantee the permanence of the existence, content, or delivery method of the Contents.
2.Brownies does not guarantee any of the following with respect to the Content.
(1) That the Contents are free from defects or other deficiencies, and that the Contents are complete and reliable.
(2) The Contents can be used without interruption in any environment.
(3) That all information provided on the Contents and all other information obtained by the customer through the use of the Contents is complete, accurate, applicable, and useful.
(4) Transmitted information and game information will not be lost, and other information preservation will be complete.
(5) The Content does not infringe on any intellectual property rights or any other rights of any third party.
(6) The Contents will not cause any problems in the equipment used by the customer.
(7) When transferring data from a device using the Contents to another device, the data will not be lost.
3.You shall use the Contents at your own discretion, and shall try to avoid excessive use that may disturb a healthy living environment. The Company shall not be liable for any social, mental, or physical damages incurred by you due to use that deviates from the socially appropriate range.
4.Brownies does not warrant that the Content will be free of unauthorized access, computer viruses or other security defects, errors or bugs, or that they will not occur.
5.In the event that you cause damage to a third party or a dispute arises between you and a third party as a result of your use of the Contents, you shall resolve the dispute at your own responsibility and expense, and shall not hold the Company liable in any way. The customer shall compensate or indemnify the Company for any damages or expenses (including, but not limited to, reasonable attorney's fees) incurred by the Company due to a dispute between the customer and a third party.
Article 5. Compensation for damages
2.Brownies shall compensate the customer for any damage caused by reasons attributable to the Company, except in cases exempted by these Terms. However, except in the case of willful misconduct or gross negligence on the part of the Company, the scope of the Company's obligation to compensate for damages shall be limited to the total amount of the Content usage fees received by the Company from the Customer, and shall be limited to damages directly incurred by the Customer as a result of the use of the Content (not including lost profits, consequential damages, or other indirect damages). This shall be limited to damages directly caused to you by the use of the Contents (not including lost profits, consequential damages, or other indirect damages).
Article 6. Health precautions
1.We recommend that you use this content while taking moderate breaks at your own discretion so as not to disrupt your living environment through excessive use.
2.Brownies assumes no responsibility for any social, physical, or emotional problems that may occur as a result of your use of the Content.
Article 7. Intellectual property rights, etc.
1.The intellectual property rights for the images, video, text, programs, and all other information (hereinafter referred to as "Data") provided by the Company to you in the Content belong to the Company or the party that has licensed the Company to use the Data (hereinafter referred to as "Licensor"). Unless otherwise permitted under the Copyright Act or other applicable laws and regulations, you shall not reproduce, transmit or otherwise use the Data without the permission of the Company or the Licensor, and shall not allow any third party to use the Data.
2.The names of people, companies, products, services, and other names (hereinafter collectively referred to as "Trademarks, etc.") displayed in the Contents or on the Official Site include names for which the Company or third parties have trademark rights or other rights of use. The Company may indicate in the Contents or on the Official Site that a Trademark, etc. is a registered trademark of the Company or a third party, but even if a Trademark, etc. is not so indicated, the Company or a third party may have the right to use it.
3.This Agreement shall not be construed as an assignment or license of the Trademarks to you or any other third party. You shall not apply for trademark registration for the Trademarks.
4.You shall not apply for registration, apply for transfer, or exercise any intellectual property rights related to the Content.
Article 8. Governing Law
Article 9. Court of Jurisdiction
The Tokyo District Court will have exclusive jurisdiction over a dispute arising between the Company and a user caused by the Services in the first instance.
December 15, 2021 Enacted and enforced