Terms and Conditions - Joystick Forge

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Joystick Forge regarding your use of our website, services, and any related content. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you do not agree with any provision of these Terms and Conditions, you must immediately cease using our website and services. These terms supplement and work in conjunction with our Privacy Policy and Terms of Service.

User Obligations and Conduct

1. Legal Compliance

You agree to comply with all applicable laws and regulations when using our website and services, including but not limited to:

• Local, national, and international copyright and intellectual property laws
• Data protection and privacy regulations
• Export control and sanctions regulations
• Anti-fraud and cybersecurity laws
• Consumer protection legislation

2. Prohibited Activities

You expressly agree not to engage in the following activities:

• Using automated systems or bots to access our website
• Attempting to gain unauthorized access to our servers, systems, or networks
• Transmitting viruses, malware, or other malicious code
• Engaging in any form of harassment, abuse, or threatening behavior
• Posting or transmitting any unlawful, harmful, or offensive content
• Infringing upon the intellectual property rights of Joystick Forge or third parties
• Using our services for any fraudulent or deceptive purposes
• Interfering with or disrupting the integrity or performance of our website

3. Content Submission Guidelines

When submitting content through our website, you warrant that:

• All information provided is accurate, current, and complete
• You have the legal right to share the content you submit
• Your content does not violate any third-party rights
• Your submissions do not contain defamatory, obscene, or illegal material
• You will update information promptly if it changes

4. Indemnification

You agree to indemnify, defend, and hold harmless Joystick Forge, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to your violation of these Terms and Conditions, your use of our services, or your violation of any rights of third parties.

Disclaimers and Limitations of Liability

1. Website Disclaimer

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties of non-infringement
• Warranties that the website will be uninterrupted, timely, secure, or error-free
• Warranties regarding the results obtained from using our services

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOYSTICK FORGE SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or delays
• Errors, omissions, or inaccuracies in content
• Unauthorized access to or alteration of your data
• Third-party conduct or content on our website

Our total liability for any claims arising from your use of our services shall not exceed the amount you have paid to us in the twelve months preceding the claim, or $100 USD, whichever is greater.

3. Professional Services Disclaimer

While we strive for excellence in our arcade game development services, we cannot guarantee specific outcomes, timelines, or commercial success. Game development involves creative and technical uncertainties. Project deliverables, timelines, and responsibilities will be specified in individual service agreements. Information on our website is for general informational purposes and should not be relied upon as professional advice without consulting with us directly.

4. No Consequential Damages

Under no circumstances shall Joystick Forge be held liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Age Restrictions and Capacity

Our services are intended for individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. By using our website and services, you represent and warrant that:

• You meet the minimum age requirement
• You have the legal capacity to enter into binding contracts
• You are not barred from receiving services under applicable laws
• If representing an organization, you have authority to bind that entity to these terms

Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By agreeing to these Terms and Conditions, you also acknowledge and agree to our Privacy Policy.

We collect, use, and protect your personal data in accordance with applicable data protection laws and regulations. For detailed information about our data practices, please review our Privacy Policy.

Governing Law and Jurisdiction

1. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising from or related to these Terms and Conditions shall be brought exclusively in the courts of Tokyo, Japan, and you consent to the personal jurisdiction of such courts.

2. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or your use of our services, the parties agree to first attempt to resolve the matter through good faith negotiations.

If negotiations fail to resolve the dispute within thirty days, either party may initiate mediation or arbitration proceedings in accordance with the rules of the Japan Commercial Arbitration Association.

Each party shall bear its own costs in any dispute resolution proceedings, unless otherwise determined by the arbitrator or court.

3. Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. We reserve the right to assign or transfer our rights and obligations under these Terms and Conditions to any third party at our discretion, including in connection with a merger, acquisition, reorganization, or sale of assets.

Any assignment or transfer in violation of this section shall be null and void.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Terms of Service, constitute the entire agreement between you and Joystick Forge regarding your use of our website and services, and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral. Individual service agreements may contain additional terms specific to those services.

Modifications to Terms

We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Changes will become effective immediately upon posting to our website. We will update the "Last updated" date at the top of this page when changes are made.

Your continued use of our website and services after any modifications constitutes your acceptance of the updated Terms and Conditions. We encourage you to review these terms periodically to stay informed of any changes.

Contact Us

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us:

Joystick Forge

Legal Department

18 Akihabara Electric Town, Chiyoda-ku, Tokyo 101-0021, Japan

Email: info@joystick-forge.com

Phone: +81 3-5298-4185