Terms of service

• Terms of Service

  Fly Penguin Inc. (hereinafter referred to as the "Company") sets forth the following terms of service (hereinafter referred to as the "Terms") for a series of services (hereinafter referred to as the "Service") related to the Company-operated game "Menya Dragon Ramen" (hereinafter referred to as the "Game"). Before using the Service, the customer shall agree to the Terms upon confirming its details.

• 1. Agreement to the Terms

  A customer must adhere to the Terms when using the Service.
  By using the Service, individual customers are deemed to have accepted the Terms in its entirety.
  

• 2. Customer

  (１) As used in the Terms, "Customer" refers to an individual customer who wishes to use the Service and has accepted all of the Terms.
  
  (２) The Service may only be used by the customer who has been authorized by the Company, and the use, transfer, lending, or disclosure of the Service by a third party is strictly prohibited.
  
  

• 3. Definition

  (１) PlayMining NFT is the online auction platform operated by Digital Entertainment Asset Pte. Ltd. (hereinafter referred to as "DEA").
  
  (２) DEAPcoin is a crypto asset that can be used to purchase certain products in the Service, to buy and sell NFTs on PlayMining NFT, and for other purposes.
  
  (３) Wallet is a crypto asset wallet that permits the deposit and withdrawal of DEAPcoins between the crypto asset exchanges described in PlayMining NFT and other crypto asset wallets.
  
  

• 4. Usage environment

  The customer shall comply with the operating conditions of the Service's usage environment.
  Any damage caused by the customer's failure to comply with the operating conditions is not the responsibility of the Company.
  

• 5. Customer information

  The following must be observed regarding the customer information.
  
  (１) Any damage caused by improper management, misuse, use by a third party or the like of the customer information shall be the customer's responsibility, and the Company shall bear no liability.
  
  (２) The Company shall not be liable for any damages incurred by the customer as a result of the loss or forgetting of customer information, nor shall it take any action such as resuming the usage of the Service.
  
  The same shall apply if the customer's information is lost due to unauthorized use, loss, theft, malfunction, or other causes involving the customer's device used for the Service.
  
  

• 6. Use of the Service

  It is necessary to register a PlayMining ID and purchase a prescribed amount of PlayMining NFT in order to use the Game, save game data, and continue using the Game. The customer must register the registration items defined by DEA in the manner prescribed by DEA in order to obtain a PlayMining ID.
  

• 7. Use of the DEAPcoin

  Customers may use the DEAPcoin to purchase items that can be used in the Game, subject to the available balance and the method specified by the Company.
  When making a purchase, the DEAPcoin required for the transaction shall be deducted from the Wallet's balance.
  The DEAPcoin balance shall be stored alongside the customer's account on its server. As long as the customer continues to use the same account, DEAPcoin in the wallet related with the account can be used.
  The customers shall be responsible for the management of his/her own DEAPcoin. The Company shall not terminate or remove the use of DEAPcoin, nor swap DEAPcoin for cash or other crypto assets, regardless of the reason.
  In the Game or PlayMining NFT, customers may not lend, sell, give, or otherwise transfer DEAPcoin to a third party.
  If the Company sets specific restrictions on the usage of DEAPcoin, the customer shall adhere to those restrictions.
  

• 8. Referring to the NFT

  Customers may refer to NFT acquired with PlayMining NFT within the Game using the DEA-specified method.
  DEA has separately formed the PlayMining NFT terms of service, which govern NFT trading and other conditions.
  

• 9. Scholarship

  Scholarship is a function in which a customer who owns an NFT that proves the right to use the Game (hereinafter referred to as "Owner") lends out the NFT of a third party (hereinafter referred to as "Scholar") to play the Game.
  DEAPcheck earned while a Scholar borrows an NFT from an Owner are sent automatically to the Owner.
  During the time that the NFT is being lent, the Owner is prohibited from lending any transaction, including listing the NFT on PlayMining NFT.
  When using the Scholarship, neither the Company nor the DEA shall be involved in any communication between the Owner and the Scholar, give any compensation, or bear any obligation.
  

• 10. Handling of personal information

  The Company shall appropriately handle personal information and the like collected from customers in accordance with the "Privacy Policy" it has separately set forth
  

• 11. Attribution of rights / Intellectual property rights

  All rights, including copyrights and other intellectual property rights, connected to the Service are owned by the Company or by third parties with whom the Company has secured permission to use.
  Logos, markings, personal names, company names, product names, service names, and other names (hereinafter referred to collectively as "Trademarks, etc.") displayed on the Service or on the official website include names for which the Company or a third party holds trademark rights or other rights of use.
  The Company may specify on the Service or on its official website that the Trademarks, etc.
  are registered trademarks of the Company or a third party; nonetheless, the Company or a third party may have the right to use the trademarks and the like not stated above.
  

• 12. Prohibited matters

  In using the Service, the customer is prohibited from engaging in the following activities.
  The Company reserves the right to take the following actions against customers who violate the Terms or commit forbidden acts.
  
  ＜Prohibited acts＞
  (１)Falsely composing customer information
  (２)Acts of unlawfully using customer data
  (３)Acts of writing personal information or information that can be used to identify a person
  (４)Multiple account ownership by a single player and unfairly progressing the Game.
  (５)Co-ownership of a single account by different parties
  (６)Actions that are not initially intended by the Company, such as using external tools, etc., to get other benefits, such as items within the Service, actions that cause the Game to malfunction, or actions that reveal the usage thereof, are prohibited
  (７)Acts that make other customers feel uncomfortable, such as threatening language or language relating to unlawful activity
  (８)Acts of posting obscene words or phrases, acts of using the Game for the purpose of meeting people in real life, etc.
  (９)Posting information unrelated to the Service, as well as spamming by posting messages without discernment
  (１０)Acts of solicitation or invitation for games other than the Game within the Service
  (１１)Acts of disguising or misrepresenting one's identify as the Company or related enterprise's employee or Service operator
  (１２)Acts of impersonating a third party to register for or use the Service
  (１３)Acts that violate the Company's or a third party's rights and privacy, including copyright violations
  (１４)Acts that damage the reputation, character, or credibility of copyright holders or other rights holders, as well as acts that produce disadvantage or are considered infringements.
  (１５)Acts in violation of the law, public order, and morals
  (１６)Acts of data manipulation or alteration within the Service
  (１７)Unauthorized access to facilities required for the operation and provision of the Service, or any attempt to do so
  (１８)Use of data mining, scraping, robots, or comparable data collection or extraction methods
  (１９)Acts of disassembly, decompilation, reverse engineering, or other analysis of the Game's source code
  (２０)Acts of modifying, replicating, or otherwise adapting the Game
  (２１)Acts of purposely exploiting the Game's defects
  (２２)Acts that interfere with the operation of the Service
  (２３)Acts that damage the Company's or the Service's reputation
  (２４)Acts that cause damage to the Company or to a third party, or acts that the Company perceives as likely to do so
  (２５)Other expressions or acts deemed unacceptable by the Company
  ＜Response to the customer＞
  
  (１) Warning
  (２) Account suspension
  (３) Permanent account suspension
  (４) Elimination of illicitly acquired in-game currency
  (５) Permanent prohibition of use of such customer information
  (６) Legal action for copyright infringement, negligence, or other causes
  

• 13. Disclaimer of warranties

  The Company shall provide the Service as-is and the customer shall use the Service at his/her own risk. The Company shall not make any guarantees regarding the accuracy, certainty, reliability, usefulness, etc. of the matters specified below and other information, data, software or the like that can be obtained by the customer through the Service, regardless of it being explicit or implicit.
  
  (１) The Service and the data and information received via the Service
  
  (２) That the software or the like matches the customer's requirements
  
  (３) That the Service and the data software provided through the Service will be error-free and that any errors will be corrected
  
  (４) That the results and information provided through the Service are accurate and dependable
  
  

• 14. Modifications, limitations, suspensions and termination of the Service

  1. If any of the following occur, the Company may modify, restrict, suspend, or cancel all or a portion of the Service without notifying the customer.
  
  (１) When doing routine or emergency repair on equipment or the like that is essential to the functioning and provision of the Service.
  
  (２) When service provision is rendered impossible due to system or communication line failure, fire, power failure, an unforeseeable accident, or force majeure.
  
  (３) Emergency scenarios include natural disasters (earthquakes, volcanic eruptions, floods, and tsunamis), wars, riots, civil unrests, labor disputes, etc.
  
  (４) Operational or technical reasons, or other unavoidable reasons
  
  2. In addition to the provisions of the preceding paragraph, the Company may suspend the provision of all or part of the Service by providing the Customer with advance notice inside the Game or on the Service's official website.
  
  3. Even if the Company modifies, restricts, suspends, or terminates the Service, it shall have no liability to the Customer.
  
  

• 15. Disclaimer

  (１) The Company is not liable for any damages incurred as a result of the use of the Service.
  
  (２) The Company shall not be liable for any damages incurred by customers or third parties in relation to the Service. In addition, the Company shall not return or refund the money spent by the customer.
  
  (３) The Company shall not be held liable for any damages resulting from the inability to use the Service as a result of faults, errors, failures or the like in the Service.
  
  (４) The Company shall not be liable for any damages incurred by the customer as a result of the loss or forgetting (including due to the Game being deleted) of registration information, nor shall it take any action such as resuming the usage of the Service.
  
  (５) The Company shall not be liable for any damages suffered as a result of the inability to use the Service normally owing to modifications, adjustments, technical characteristics, etc., to the device's hardware or software, and shall not take any actions such as resuming the use of the Service.
  
  (６) The Company shall not be obligated to remedy any faults or other issues with the Game, or to enhance or improve the Game.
  However, the Company may offer customers with updated versions of the Game or information regarding version upgrades. In such a case, such update version or version upgrade information shall be regarded as the Game, and the Terms shall apply to them as well.
  
  

• 16. Validity of the Terms and additional terms of service

  (１) Even if part or all of the provisions of the Terms are ruled illegal based on laws and regulations, the other provisions of the Terms and other rules shall remain valid.
  
  (２) Even if any provision of the Terms is deemed invalid or revoked with respect to one customer, the Terms shall continue to apply to all other customers.
  

• 17. Governing laws and jurisdiction

  Unless otherwise noted, the interpretation and application of the Terms and the use of the Service shall be governed by the laws of Japan.
  In addition, unless otherwise specified, the Tokyo District Court shall be the exclusive court of first instance for any issues involving the Service.
  

• Enacted on 08162022