Terms of Use for the Pokémon Trading Card Game Online Illustration Exhibition

Article 1. General Provisions

These Terms of Use for the Pokémon Trading Card Game Online Illustration Exhibition (these “Terms”) set forth the rules for users (“User(s)”) of the Pokémon Trading Card Game Online Illustration Exhibition (the “Exhibition”), which is a service that will be provided by The Pokémon Company (the “Company”), and the relationship between the Company and the User with respect to the use of the Exhibition. When using the Exhibition, the User must fully understand and agree to these Terms in their entirety. The rules, policies, and the like for the Exhibition that are posted on the Exhibition at any time by the Company constitute a part of these Terms. These Terms constitute the entire legal agreement between the User and the Company and supersede the prior understandings, representations, and agreements, whether oral or written, between the Company and the User with respect to the subject matter contained herein.

Article 2. Registration (Applicable to Asian Users only)

A User who will be subject to these Terms means a person who has completed the account registration under the following Article by going through the procedure specified by the Company, agreeing to these Terms, applying to register for the Exhibition, and obtaining the Company’s approval.
If the Company determines that it would be inappropriate to approve the User’s application to register for the Exhibition, registration may not be approved. Furthermore, even if approval has been granted, such approval may be revoked.
Pokémon character names must not be used in a username.
Minors may use the Exhibition only with the consent of a parent or other legal representative. If a minor uses the Exhibition, consent of a parent or other legal representative will be deemed to have been obtained.
A User who has already completed account registration will be prohibited from applying to register again for the Exhibition.

Article 3. Account Management (Applicable to Asian Users only)

The User will be responsible for managing and storing the log-in email address and password for the Exhibition (the “Log-In Information”) and shall not permit third-party use of the Log-In Information, disclose the Log-In Information to a third party, or lend, assign, transfer ownership of, or sell or purchase the Log-In Information.
If the Company determines that the User has breached, or is suspected of having breached, the preceding paragraph, it may suspend the User from using the Exhibition as well as prohibit all subsequent use of the Exhibition by the User.
The User will be liable, and the Company will have no liability whatsoever, for damages resulting from poor management, misuse, or third-party use of the User’s Log-In Information.
If the User becomes aware of the possibility that the Log-In Information has been stolen or is being used by a third party, the User shall immediately notify the Company accordingly by the method specified by the Company and follow the Company’s directions.

Article 4. Account Deletion (Applicable to Asian Users only)

The User may delete the Exhibition account by performing the procedure specified by the Company.
The User agrees that the Company may, at its own discretion, terminate the Exhibition and temporarily suspend or delete the Exhibition account for any reason whatsoever. The User agrees that access to the Exhibition may be suspended or terminated without advance notice and that the Company will have no liability whatsoever to the User or third parties for such temporary suspension or termination.
If the Company determines that the User is suspected of having violated these Terms or engaged in misconduct or illegal activity, the Company may delete the User’s Exhibition account or temporarily suspend or terminate access to or use of the Exhibition.

Article 5. Disclaimer

The User shall, at their own responsibility and expense, investigate whether or not the use of the Exhibition will violate any laws, regulations, or the like applicable to the User. The Company makes no warranties of any kind that the use of the Exhibition by the User conforms to the laws, regulations, and the like applicable to the User.
The Company makes no warranties that the software that constitutes the Exhibition is free of bugs and other defects. The Exhibition is provided on an “as-is” basis without warranty of any kind with respect to the Exhibition including fitness for a particular purpose, commercial usefulness, completeness, and continuity. The Company also makes no warranties for the normal operation of the Exhibition in cases where other software or the like is used, either alone or concurrently, in a device.
Any transactions, communications, disputes, and the like that arise between the User and another User or a third party in connection with the Exhibition shall be handled and resolved at the User’s responsibility, and the Company will have no liability whatsoever for such matters.
The Company takes the necessary measures for the security of the Exhibition but makes no warranties as to complete safety on the Exhibition.
The Company will have no liability whatsoever to compensate for any suspension, interruption, termination, unavailability, or modification of the Exhibition by the Company, loss of data or equipment malfunction or damage resulting from the use of the Exhibition, or any other damages suffered by the User in connection with the Exhibition.
The scope of the Company’s liability for damages to the User, whether based on default, tort, or any other legal cause of action, with respect to the Exhibition or these Terms shall be limited to the ordinary damages actually suffered by the User due to reasons attributable to the Company or as a direct result of the Company’s violation of these Terms. The Company will have no liability for any damages that arise from reasons not attributable to the Company, damages that arise from extraordinary circumstances whether or not foreseen by the Company, lost profits, or future damages. If the Company is liable for damages, its maximum liability will be JPY 500,000.

Article 6. User’s Liability

To the extent permitted by applicable law, if the Company suffers any damages due to the User’s violation of these Terms or arising out of or in connection with the use of the Exhibition, the User shall compensate the Company for such damages (including lost profits and attorneys’ fees).
The User agrees to hold the Company and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, and partners harmless from any actions, liabilities, losses, or damages of any type or kind in connection with: (a) the User’s violation of these Terms; (b) misuse of the Exhibition; or (c) violation of laws, rules, or regulations applicable in connection with the access to or use of the Exhibition.

Article 7. External Sites

The Exhibition may contain hyperlinks to other websites and resources that are provided for the User’s convenience (collectively, the “External Sites”). The User agrees that the Company will have no liability for the availability of the External Sites. The User also agrees that the Company will have no liability whatsoever for any losses or damages that may arise as a result of using the External Sites or as a result of the User’s reliance on the completeness, accuracy, or existence of any External Sites.

Article 8. Intellectual Property Rights

All intellectual property rights including copyrights and other rights with respect to the tangible and intangible elements that constitute the Exhibition (including the original illustrations of the Pokémon trading cards and other images, icons, brand logos, texts, software programs, manuals, databases, etc.; collectively, the “Elements”) will belong to the Company, Creatures Inc., GAME FREAK inc., and Nintendo Co., Ltd.; provided, however, that all intellectual property rights including copyrights and other rights with respect to the software programs and databases that arise and function independently from all intellectual property rights including copyrights and other rights relating to “Pocket Monsters” will belong to Anique Co., Ltd., which operates the Exhibition under entrustment by the Company.
The User may not reproduce, copy, adapt, or process the Elements or newly create anything that includes contents similar to the Elements under any circumstances, regardless of the purpose, use, method, and means. The User agrees that copying or reproducing the Elements by screenshotting, or photographing with a smartphone or any other electronic device that has a camera function, the screen of a personal computer, tablet, or the like that displays the Elements, for any purpose or use, is similarly prohibited.
To the extent permitted by applicable law, the User agrees that, if the User violates the preceding paragraph, the User will compensate for all damages (including but not limited to lost profits and attorneys’ fees) suffered by the Company in connection with such violation or pay JPY 1,000,000 as a penalty.

Article 9. Interruption, Termination, and Modification of Service

In any of the cases listed below, the Company may suspend or interrupt all or any use of the Exhibition by all or any of the Users without notifying the Users in advance:

(1) There is a need to perform regular or emergency inspection or maintenance work for a computer system related to the Exhibition

(2) A computer, computer line, etc. has stopped working due to an accident

(3) The Exhibition cannot be operated due to force majeure

(4) An abnormality has occurred in a system necessary to offer the Exhibition

(5) An investigation will be conducted for a misuse of password or account

(6) The Company determines that there is a need to conduct an investigation pursuant to law, regulation, the Company’s rules, etc.

(7) The Company determines that it would be impossible or extremely difficult to continue providing the Exhibition due to a change in law, regulation, or social situation or any other reason

(8) The Company otherwise determines that there is a need for suspension or interruption
The Company will have no liability whatsoever for any damages suffered by the User as a result of or in connection with the measures taken by the Company under this Article.
If the Company terminates the Exhibition, the experiences and other services offered through the Exhibition will not be available.
The Company may update the contents of the Exhibition. The User agrees that the Company may modify the Exhibition in whole or in part or add new features without prior announcement or notice.

Article 10. Comment Feature

The User may use the comment feature within the Exhibition (the “Comment Feature”). The User acknowledges that there may be cases where a comment posted through the Comment Feature will not be immediately displayed.
When using the Comment Feature, the User shall post moderate comments so as not to make other Users uncomfortable. The Company prohibits posts that contain the following and, if it finds any such post, may take measures such as deleting the post and suspending or deleting the Exhibition account of the posting User:

(1) Verbal abuse, defamation, threats, and other aggressive expressions against other Users or third parties

(2) Expressions that interfere with the business of the Company or Creatures Inc., GAME FREAK inc., Nintendo Co., Ltd., and other affiliates by using force, spreading false rumors, or through deception

(3) Discriminatory expressions regarding race, ethnicity, nationality, sex or sexual orientation, age, disability, etc.

(4) Discriminatory expressions regarding a nation, religion, specific organization, etc.

(5) Sexual or obscene expressions

(6) Expressions contrary to public policy

(7) Expressions that harm the good name, reputation, or image of the Pokémon brand

(8) Expressions that harm the good name, reputation, or image of the Company, Creatures Inc., GAME FREAK inc., Nintendo Co., Ltd., and other affiliates

(9) Expressions that suggest solicitation for a religion, ideological organization, or political organization

(10) Expressions that are premised on or suggest meeting in real life

(11) Expressions that suggest a sale, barter, or any other exchange of money or goods

(12) Any other expressions determined by the Company to be inappropriate as a comment to other Users
When using the Comment Feature, the User shall not post information such as the name, address, telephone number, email address, and any other personally identifiable information, LINE ID and other private information, and credit card information of the User or a third party (“Personal Information, Etc.”). Posts asking other Users for Personal Information, Etc. are also prohibited. If a post that contains Personal Information, Etc. or a post asking for Personal Information, Etc. is found, the Company may take measures against the posting User, such as suspending or deleting the Exhibition account.
The Company will have no liability whatsoever for any damages suffered by the User as a result of the actions taken by the Company under this Article.

Article 11. Prohibited Conduct

When using the Exhibition, the User shall not engage in any of the conduct listed below or conduct that may fall under any of the conduct listed below, and if there is any such conduct, the Company may take measures with respect to such User such as temporarily suspending the use of the Exhibition and canceling such use or deleting the account without prior notice or demand to cure:

(1) Conduct that violates these Terms

(2) Conduct that infringes an intellectual property right, portrait right, privacy right, the good name, or any other right or interest of the Company, other users of the Exhibition, or any other third parties (including conduct that directly or indirectly leads to such infringement)

(3) Conduct related to criminal activity or that is contrary to public policy

(4) Conduct that violates a law, regulation, or related rule

(5) Sending information containing a computer virus or any other harmful computer program

(6) Falsifying information regarding the use of the Exhibition

(7) Sending data through the Exhibition in excess of the certain volume of data prescribed by the Company

(8) Conduct that harms the reputation, popularity, good name, etc., of the Company or the Pokémon brand

(9) Conduct that interferes with use by another User

(10) Unauthorized access or cracking of hardware or software that constitutes the Exhibition or any other conduct that interferes with equipment, etc.

(11) Conduct that interferes with the offering of the Exhibition

(12) Analysis or reverse engineering of software that constitutes the Exhibition or any other conduct that attempts to obtain its source code

(13) Using or attempting to obtain another person’s user ID

(14) Viewing, modifying, or falsifying another User’s data

(15) Any other act determined by the Company to be inappropriate
Upon the occurrence of any of the items in the preceding paragraph, all of the User’s obligations to the Company shall automatically become immediately due and payable, and the User shall immediately pay all obligations to the Company.
The Company will have no liability whatsoever for any damages suffered by the User as a result of the actions taken by the Company under this Article.

Article 12. Outsourcing

The Exhibition is operated by Anique Co., Ltd., which has been entrusted by the Company to perform this work. The Company may outsource all or any portion of the work related to the offering of the Exhibition to third parties including Anique Co., Ltd. (“Contractor(s)”) without the User’s consent. The Company will be responsible for managing the Contractors.

Article 13. Responsibility for Equipment

Preparation and maintenance of the computers, software, and other equipment, communication lines, and other communication environment, and the like required for the use of the Exhibition shall be performed at the User’s expense and responsibility.
The User shall, at their own expense and responsibility, take security measures such as preventing computer virus infections and preventing unauthorized access and information leaks according to the User’s own usage environment of the Exhibition.
Even if the Company stores the comments posted by the User through the Comment Feature and other information for a certain period of time for operational reasons, it has no obligation to store such information, and the Company may delete such information at any time. The Company will have no liability whatsoever for any damages suffered by the User due to such deletion of information.

Article 14. Confidentiality

For purposes of these Terms, “Confidential Information” means the Company’s technical, business, operational, financial, organizational, and all other information that the Company discloses or provides to the User, whether in writing, orally, electronically, or by any other means, or that becomes known to the User without disclosure or provision due to or in connection with these Terms or the Exhibition; provided, however, that Confidential Information excludes any information that:

(1) was already publicly known or already known to the User when it was disclosed or provided by the Company or perceived by the User without disclosure or provision;

(2) became publicly known through no fault of the User after it was disclosed or provided by the Company or perceived by the User without disclosure or provision;

(3) is lawfully obtained, without assuming any confidentiality obligations, from a third party that is duly authorized to disclose or provide such information; or

(4) is independently developed by the User without reliance on Confidential Information.
The User shall use Confidential Information only for the purpose of using the Exhibition and any other purpose for which such Confidential Information is disclosed or provided and shall not disclose, provide, or leak Confidential Information to a third party without the Company’s written consent; provided, however, that if a disclosure of Confidential Information is requested by law, regulation, or court or governmental order, demand, or request and the User notifies the Company accordingly promptly following such order, demand, or request, Confidential Information may be disclosed or provided to the necessary third parties to the minimum extent required by such order, demand, or request.
If requested by the Company at any time, the User shall, according to the Company’s directions, immediately return or discard Confidential Information and the documents and other records containing Confidential Information as well as all copies thereof.

Article 15. Force Majeure

If the Exhibition is prevented from being performed due to an earthquake, tsunami, typhoon, heavy rain, heavy snowfall, or other natural disaster, war, act of terrorism, civil commotion, riot, plague, epidemic, infectious disease, or other public health emergency, act by a government or government agency such as enactment, amendment, or repeal of a law, regulation, or rule, labor dispute, power outage, communication failure or interruption due to a telecommunications disruption or interruption, transportation accident, a type of malware, spyware, worms, and other computer viruses that cannot be prevented by the security measures that should normally be taken, or any other force majeure event, notwithstanding any provision of these Terms, the Company will have no liability whatsoever for any damages suffered by the User as a result of such force majeure.

Article 16. Privacy Notice

The User agrees that the User’s personal information will be managed by Anique Co., Ltd., in accordance with the privacy notice (https://anique.notion.site/Privacy-Policy-0460150826c043899bbd369e6c85671e).

Article 17. Assignment, Etc. of Rights and Obligations

The User may not assign, transfer, create a security interest in, or otherwise dispose the User’s status under these Terms or the User’s rights and obligations hereunder to a third party without the Company’s prior written consent. If the Company assigns (regardless of the method) the business related to the Exhibition to a third party, upon such assignment, its status under these Terms, its rights and obligations hereunder, and the User’s registered information and other customer information and the like may be transferred, in whole or in part, to the assignee of such assignment, and the User will be deemed to have consented in advance to such assignment.

Article 18. Exclusion of Antisocial Forces

When Japanese law shall be applied to the User, the User represents that the User is currently not and will not in the future become an antisocial force (which means an organized crime group, member of an organized crime group, quasi-member of an organized crime group, entity affiliated with an organized crime group, corporate racketeer [sokaiya], person engaging in criminal activities under the pretext of social activism, special intellectual crime group, or any other equivalent group or person), and that the User currently does not and will not in the future make violent demands or unreasonable demands that exceed one’s legal responsibility or engage in threatening behavior in connection with a transaction, acts that use violence, acts that harm another’s reputation or interfere with another’s business by spreading false rumors or through the use of deception or force, or any other equivalent acts.