FANKIT

Terms of Use [Vanguard Zero Fan Kit]

The following are the Terms of Use (“Terms”) for the Vanguard Zero Fan Kit (“VZFK”) provided by Bushiroad Inc. and/or its group companies (collectively referred to as “BRI”, “we”, “us”, or “our”), relating to the smartphone game application named Vanguard Zero(“VGZ”):

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE VZFK OR BY DOWNLOADING THE VZFK, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE VZFK.

The VZFK means (i) the websites, including any services, features and content accessible or downloadable from the websites, and (ii) any other service, product, feature or content of BRI or its licensors licensed, downloaded, or otherwise assessed by you through any third party’s website, platform or source. VZFK also include updates and upgrades as well as accompanying manuals and documentation, and all copies thereof.

Your access to or use of the VZFK may have different service-specific terms and conditions (“Rules”) posted on our websites or third party websites or platforms (such as terms related to a specific mobile game), or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Rules, the applicable Rules will take precedence with respect to your use of, or access to, the VZFK.

1.User License

• Subject to your compliance with these Terms, BRI hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, the VZFK solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the VZFK, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by BRI or its licensors, except for the licenses and rights expressly granted by these Terms.
• You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the VZFK, you represent that your legal guardian has read, understood, and agreed to these Terms.

2.Modification

• BRI reserves the right, at its sole discretion, to modify, discontinue or terminate all or any of the VZFK, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms or our Privacy Policy, we will post these Terms or Privacy Policy as modified or otherwise provide you with notice of the modification. By continuing to access or use the VZFK after we have posted a modification to these Terms or Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms or Privacy Policy. If the modified Terms or Privacy Policy are not acceptable to you, your only recourse is to cease using the VZFK.

3.Intellectual Property

• The VZFK is protected by copyright, trademark, and other laws of Japan and foreign countries. Except as expressly provided in these Terms, BRI and our licensors exclusively own all right, title and interest in and to the VZFK, including all associated intellectual property rights, including any patents, copyrights, trademarks, VGZ marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).
  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the VZFK.

4.No Infringing Use

• You will not use the VZFK to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
• You agree not to do any of the following while using the VZFK.

(1)

give, sale, purchase or lease the VZFK

(2)

use or utilize the VZFK for commercial purpose.

(3)

use or utilize the VZFK for the purpose of mental abuse.

(4)

reproduce or alter the VZFK, including but not limited to deleting and/or altering the trademark, logo or copyright mark.

(5)

use or utilize the VZFK for the purpose of advertisement of some kind of products and software other than VGZ.

(6)

use or utilize the VZFK in non-compliance with the laws, public policy and all applicable policy.

(7)

any and all use deemed inappropriate by BRI.

5.Indemnity

• You agree to defend, indemnify, and hold BRI, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the VZFK, or your violation of these Terms.

6.Limitation of Liability

• YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE VZFK, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER BRI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE VZFK WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE VZFK THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  YOU SPECIFICALLY ACKNOWLEDGE THAT BRI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  IN NO EVENT WILL BRI'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE VZFK OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED US DOLLARS ($100). THE 3 LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRI AND YOURSELF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE BRI’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

7.Governing Law and Jurisdiction

• These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
•  The seat of the arbitration shall be Singapore.
   The Tribunal shall consist of one (1) arbitrator.
   The language of the arbitration shall be English.

8.Entire Agreement

• These Terms (including BRI's Privacy Policy) constitute the entire and exclusive understanding and agreement between BRI and you regarding the VZFK, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BRI and you regarding the VZFK.

9.Assignment

• You may not assign or transfer these Terms, by operation of law or otherwise, without BRI's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BRI may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

10.Language

• The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.

Date issued: 28th Feb 2020

Guideline for using Contents of “Vanguard ZERO”

The copyrights, trademarks, and the other intellectual properties of images, movies, music voices and the other contents (“Contents”) used or utilized in smartphone application game named “Vanguard ZERO”(“Vanguard ZERO”), published by Bushiroad Inc. (“Bushiroad”), are owned by Bushiroad and/or its licensor. Basically, any users of Vanguard ZERO (“Users”) shall not use (including but not limited to duplicate, copy, upload and deliver) the Contents violating the terms of use of Vanguard Zero and/or without prior written consent of Bushiroad.

Notwithstanding the above, Bushiroad will not enforce its intellectual property rights to the posting Contents of Vanguard Zero (including commentary movie) on a video-sharing website by Users only if Users keep to the following guidelines at all times.

• Users shall use the Contents of Vanguard Zero only for non-commercial purposes. Notwithstanding the above, Users may use monetization programs officially provided by the video-sharing websites (so-called partner program or creator program).
• Users shall use the Contents of Vanguard Zero in accordance with applicable laws and regulations, and public policy.
• Users shall use the Contents of Vanguard Zero while displaying reasonably sized copyright notice (as listed below) on an appropriate position on the website, paper and/or image containing the Contents of Vanguard Zero.
  (C)bushiroad All Rights Reserved.
• Users shall NOT use the Contents of Vanguard Zero with misleading as supporting or endorsing particular individuals, political parties, religious groups, etc.

Bushiroad will keep and hold its intellectual property rights on the Contents of Vanguard Zero and will enforce its rights to Users breaching and/or violating this guideline.

Bushiroad will give no guarantee to any Users for using (including but not limited to duplicating, copying, uploading and delivering) the Contents, including non-infringement of any valid rights of the third party.
Bushiroad shall not be responsible for any dispute or trouble User may have with a third party by using Contents of Vanguard Zero.

Date issued: 9th Apr 2020