ELDEN RING NIGHTREIGN
TERMS OF SERVICE

These Terms of Service (hereinafter referred to as the "TOS") shall apply to any matters between Players, as defined in the TOS, and FromSoftware, Inc. (hereinafter referred to as the "Company") regarding use of the game software, (hereinafter referred to as the "Software") and the accompanying online services (hereinafter referred to as the "Services") (hereinafter both the Software and Services are collectively referred to as the “Game”), developed by the Company. Players shall use the Game in accordance with the TOS. Should any Player fail to consent to the TOS, such Player may not use the Game. Players shall be deemed to have consented to the TOS when using the Game.

Article 1. Scope and Modification of TOS

• The Company may, in addition to the TOS, separately notify Players of terms of use, precautions, guidelines and other terms and conditions (hereinafter referred to as "Individual Terms") where appropriate by posting Individual Terms on the official website operated by the Company (hereinafter referred to as the "Website") or through other means. Individual Terms shall constitute part of the TOS, and if any provision of Individual Terms conflicts with the TOS, the provision of Individual Terms shall apply and supersede the TOS.

• The Company shall be entitled to modify or revise the TOS and Individual Terms where appropriate from time to time, and in this case, may notify Players of such modification or revision by posting the same on the Website or through other means the Company thinks it reasonable.

• If any Player fails to consent to the modification or revision of the TOS and Individual Terms, the Company shall be entitled to have the Player cease or suspend his/her use of the Game.

• Players shall be deemed to have consented to the modified or revised the TOS through their continuous use of the Game after the Players have been notified of such modification or revision through any means set forth in Paragraph 1 of this Article.

• When Players use the Game, the necessary terms and conditions for supported platforms shall apply.

Article 2. Definition of Players

The term "Player" means a customer who consents to the TOS (in the plural, "Players"). Players less than twenty (20) years of age shall be deemed to have obtained the consent of their parents or other persons who have parental authority when consenting to the TOS.

Article 3. Principle of Self-responsibility

• Players shall use the Game at their own responsibility, and if any Player causes any loss or damage to another or the Company when using the Game, the Player shall pay damages therefor at his/her own expense and responsibility.

• Players shall, when giving and receiving any information or service to and from any third party other than the Company through the Game, be fully liable for any acts and contents incidental thereto. If any Player causes any loss or damage to another or to the Company when giving and receiving any such information or service, the Player shall pay damages therefor at his/her own expense and responsibility.

• Players shall, if any problem arises through the Game with any third party other than the Company, deal with and resolve the problem at their own expense and responsibility. The Company shall not be obligated or liable in any way whatsoever for arbitration, dealing, compensation, damages or any other matters with respect to such problem.

Article 4. Liability for Fees and Charges

• The Services are free of charge; however, Players shall prepare the necessary hardware, lines and any other items for their use of the Game at their own expense and responsibility.

• Fees for the Software and contents and services provided accompanying the Services will be determined by the Company at its discretion depending on the details and time of such provision.

Article 5. Management of Personal Information

• For the protection of personal information, Players shall not include information that leads to his/her identification in any information posted or disclosed by him/her through the Game when using the Game.

• The Company shall not protect information posted on or disclosed in the Game.

• Data collected through the Game is stored by the Company in Japan. For more information please check the Company’s privacy policy.

  https://www.fromsoftware.jp/jp/policy_privacy.html

  Information regarding the collection, use and disclosure of the abovementioned data is included within the Company’s Privacy Policy.

Article 6. Ownership of Rights

• Any rights in and to the Game, including intellectual property rights (any and all rights including, but not limited to patent rights, utility model rights, trademark rights, design rights, knowhow, trade secrets and copyrights) shall belong to the Company or the third parties in question.

• Players shall not be entitled to alter, adapt, copy, edit, reproduce, distribute, transmit or publish all pieces of information included in the Game (any and all kinds of information including, but not limited to images, pictures, characters, scenarios, plots, programs, software and ideas) without the prior approval of the Company.

• When using the Game, Players shall not have any intellectual property right or claim with respect to data stored on any storage device such as a server as part of the Services (hereinafter referred to as "Recorded Data"), and Players hereby grant the Company or the third party designated by the Company the right to copy, edit and distribute Recorded Data.

Article 7. Outsourcing of Operation of the Services

The Company shall be entitled to assign to another all or any part of its rights and obligations related to the operation of the Services or outsource to another the operation of all or any part of the Services.

Article 8. Suspension of the Services

The Company shall, in cases falling under the following items, suspend any part or all of the Services without prior notice to Players:

• Where any failure or other defect occurs in any of the systems used for the Services (including, but not limited to communication lines, power sources, and any structures where the foregoing is accommodated);

• Where maintenance, inspection, repair or modification work is regularly or urgently carried out on any systems used for the Services;

• Where services for supported platforms cease or are suspended; or

• Otherwise where the Company determines that it is necessary to suspend the Services for operational or technical reasons.

Article 9 Discontinuation of Provision of the Services

The Company shall, at any time upon giving prior notice of termination to Players, be entitled to discontinue the provision of all or any part of the Services. In this case, the Company shall notify Players of that fact by posting the same on the Website, by e-mail or through other means the Company thinks reasonable. The notice of termination shall be deemed to have reached all Players upon expiration of thirty (30) days after the Company has started posting such notice on the Website.

Article 10 Prohibited Matters

• No Player shall be entitled to assign to, transfer to, sell to or buy from another, change the name to another's name of, or provide another as pledge or other security with, any of his/her rights held as a Player, and items, characters and saved data within the Game (including so-called "real money trading").

• No Player shall perform any of the following other acts in the Game:

  • Playing a game in a manner offensive or disruptive to other Players (regardless of manner or method);

  • Making alterations to the Game’s program, game data and/or save data. The usage of any altered program/data, regardless of the circumstances;

  • Performing acts such as reverse engineering the Game, decompiling the Game, disassembling the Game and/or extracting the Game’s source code etc.

  • Playing a game in a manner not intended by the Company using any function or failure of the Game; or

  • Performing any other act determined to be inappropriate by the Company or a third party providing any of the systems used for the Services.

• With respect to Players who have performed acts prohibited under this Article, the Company or the third party providing any of the systems used for the Services shall be entitled at its discretion to give such Players warnings, delete the Recorded Data of such Players, or have such Players suspend or cease their use of the Services.

Article 11 Third-Party Software: Easy Anti-Cheat

The company shall employ the use of the “Easy Anti-Cheat” anti-cheat service (hereinafter referred to as "EAC”) for the sake of preventing acts detailed to in Article 10, Section 2., Subsections (2), (3), (4) and (5). EAC is operated by a third-party service provider. EAC has a client software that is integrated into the Game. When starting the Game, the EAC client software will automatically load and install its latest version to the Hardware. EAC will monitor the Hardware, analyze the Game binaries and scan Hardware memory for the purpose of detecting and preventing cheating in the Game (hereinafter referred to as the “Purpose”). For the Purpose, EAC stores information regarding cheating methods used in the Game (hereinafter referred to as “Cheat Data”). By agreeing to this Agreement, or otherwise using the Game, the Player gives their consent that EAC may gather, store, share, and publish Cheat Data for the Purpose. The Cheat Data will be used solely for the Purpose. This includes but is not limited to identifying and banning Players who are cheating in the Game, analyzing cheating behavior and cheating codes, as well as sharing data about cheats with affiliates of EAC.

You can find more information about the privacy practices of EAC by viewing the privacy statement of EAC service provider EPIC GAMES (https://www.epicgames.com/site/ja/privacypolicy). If the Player denies EAC the ability to process personal data in accordance with their privacy statement or requests EAC to remove or delete personal data, the Company has the right to block the Player’s access to the Game and prevent use of the Game.

Article 12 Damages

• Excluding cases of bad faith or gross negligence, the Company shall not be liable in any way to Players for any loss or damage caused to Players and third parties due to the Players' use of the Game, nor shall the Company be obligated to pay damages therefor.

• With respect to the deletion of the Recorded Data of Players, the cessation or cancellation of Players' registration, or the cessation, suspension or discontinuation of Players' use of the Game by the Company, the Company shall not be obligated to pay any damages, unless the Company acts in bad faith or gross negligence.

• Even if the Company is liable for damages for any reason, the Company shall not be liable to pay damages of an amount exceeding those for the loss or damage directly caused to Players, nor shall the Company be liable to pay damages for any incidental, indirect, special or future damage, or lost profits.

• If any Player causes any loss or damage to other Players or third parties due to his/her use of the Game, the Player shall resolve such issue at his/her own expense and responsibility, and not cause any loss or damage to the Company.

• If any Player causes any loss or damage to the Company due to his/her act in violation of the TOS or his/her improper or illegal actions, the Company shall be entitled to make a claim for damages against the Player.

Article 13 Disclaimers

• Each Player shall, if another makes any inquiry or complaint to him/her in connection with his/her use of the Game, or he/she has any request, question or complaint about another's act, deal with and resolve such issue at his/her own expense and responsibility, and the Company shall not be liable or obligated in any way therefor.

• Players shall note that they will avoid using the Game at their discretion in an excessive manner that may disturb their sound lifestyle. The Company shall not be liable in any way for any social, mental or physical damage caused to any Player due to the Player's deviant behavior therefrom.

• For conflicts of interests or problems between Players arising in connection with the Players' use of the Game, or for measures taken thereunder by the Company or third parties, the Company shall not be liable in any way whatsoever.

• Since there is a possibility for the Game to be unavailable depending on the individual environment of each Player due to the nature of the Game, the Company shall not warrant that the Game will be available in any environment.

• The Company shall not warrant in any way that the Game are free of errors or viruses, or otherwise games will progress in a safe manner.

Article 14 Governing Law and Dispute Resolution

The TOS shall, including the execution, validity, interpretation and performance hereof, be governed by the laws and regulations of Japan by all means. If any problem, dispute, difficulty or other issue arises in connection with the Game between any Player and the Company, the Player and the Company shall resolve the issue through consultation in good faith, and in the event of a failure in resolving it through consultation, it shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance as agreed upon between the parties.

Supplementary Provisions

The TOS shall come into effect upon sale of the Software.

The TOS may be modified from time to time.

The latest information shall be posted on the Website and made referenceable by Players from time to time.