Terms of Use - North America (United States, Canada)

Last updated on May 22, 2023

Version 3.0

Please carefully read these terms of use (“Terms of Use”) before using a game application “Fate/Grand Order” (including the services provided on such application; “Application”). The Application is owned and operated by Aniplex Inc. (“Aniplex”). This agreement governs the relationship between you, and anyone acting on your behalf, and Aniplex, including your use of the Application and related services, and your responsibilities, as well as the limitations on the liability of Aniplex, its affiliates, and its third-party suppliers.
These Terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the Application, your use of the Application, your relationship with Aniplex or its affiliates, or these Terms of Use to binding arbitration on an individual basis rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below. These terms also include a jury waiver.
Please also note that when you acquire virtual currency and virtual items within the Application (collectively, “Virtual Content”)—whether by purchasing such content, earning it during gameplay, or receiving it as part of a gift or promotion—you are receiving only a license to access that Virtual Content within the game. In other words, you do not own any of the Virtual Content and cannot transfer it to someone else. Virtual Content also has no monetary value and you cannot redeem Virtual Content for any type of “real world” money or anything else of value. Instead, Virtual Content is used purely for entertainment purposes to enhance your enjoyment of the Application.
These Terms of Use apply to users with the United States or Canada as country/region of residence. If you are not a resident of the United States or Canada, please go back to the previous page and select your country/region of residence, and read the corresponding terms for your country/region.
By using the Application, you are accepting these Terms of Use. If you do not agree to these Terms of Use, you must not use the Application. These Terms of Use constitute a legal agreement between you and Aniplex. These Terms of Use govern your rights and obligations regarding the Application.
Article 1: Conditions of Use
1. You must consent to these Terms of Use and our privacy policy (“Privacy Policy”) before you use the Application, and must use the Application in accordance with these Terms of Use.
2. If you are under the legal age of majority, your parent or legal guardian must consent to these Terms of Use and the Privacy Policy before you register your account pursuant to Article 2, Paragraph 1 and start using the Application. The Application is open only to individuals who are 16 years of age and older.
Article 2: Account Registration
1. To use the Application, you must register your account pursuant to the method prescribed by Aniplex (“Account Registration”).
2. All information provided during the Account Registration must be truthful and accurate. In the case of any change in the registered information, you must take the procedures for change in accordance with the method prescribed by Aniplex without delay.
3. You must not register two or more accounts for one (1) device.
4. Upon request by you, Aniplex will delete your account, including your Account Information (as defined below), in accordance with the procedure set out in the Privacy Policy and the Application. You may not restore your account, including your Account Information and the Virtual Currency (as defined below) purchased on the account after Aniplex deletes the account.
Article 3: Device
1. In using the Application, you will manage your electronics device in which the Application is installed (“Device”) at your own responsibility, and will be responsible for any and all acts conducted using the Device.
2. You will be liable for any damage due to any inadequate management, error in use, and/or use by you or a third party of the Device or any account-related information (“Account Information”) including any password created by you and any identification code provided by Aniplex to you for the purpose of transferring the Game Data (as defined in Paragraph 3 of this Article), and Aniplex will not be liable for any such damage.
3. Aniplex will not be liable for any loss of the Virtual Currency (as defined in Article 6) or of the Game Data (as defined below) retained by you, or for any other disadvantages or detriment incurred by you, due to the loss of the Device or any Account Information by you. For the purpose hereof, “Game Data” means any data related to text, sound, music, image, video, in-game items, software, programs or other stuff provided to you in the Application (including, without limitation, Virtual Currency defined in Article 6), as well as any data and/or information pertaining to the progress of the game in the Application and any and all other situations realized in the Application.
Article 4: Handling of Game Data
1. You do not have any ownership, intellectual property right or any other right in rem in the Application and the Game Data and may use the Application and the Game Data only to the extent permitted in these Terms of Use.
2. Aniplex may, without providing prior notice to you, delete, move or otherwise change the Game Data, in whole or in part, at any time, if:
(1) The content of the Game Data is in breach of these Terms of Use;
(2) It becomes difficult for Aniplex to maintain the Game Data due to any technical reasons such as the data size of the Game Data being likely to exceed the limit that is separately set forth by Aniplex;
(3) Aniplex considers it necessary for the provision of the Application and the maintenance thereof;
(4) Aniplex considers such the Game Data to be an impediment to the smooth provision of the Application;
(5) You do not opt to receive the Game Data within the period designated by Aniplex;
(6) Aniplex implements a measure to restrict the use of your account in accordance with Article 11; or
(7) Aniplex otherwise reasonably considers it necessary.
Article 5: Ownership of Rights
1. You acknowledge and agree that any and all copyrights and other rights in the Application and the Game Data are owned by Aniplex or its licensors.
2. You may not copy, publish, distribute, assign, rent, lease, transfer or sell the Application and the Game Data. You may not modify, reverse engineer, decompile, or disassemble any of the Application or the Game Data, whether in whole or in part, or create any derivative works from or of the Application or the Game Data, unless such derivative works are intentionally facilitated by the Application.
3. Except as stated in these Terms of Use, all the Application and the Game Data provided to you are licensed to you on a revocable, limited, non-transferable, non-sublicensable basis solely for your personal, private, non-commercial use on the Devices in the country/region in which you are registered.
Article 6: Virtual Currency and Virtual Items
1. Aniplex offers you the chance to acquire virtual currency called “Saint Quartz” (the “Virtual Currency”) for use in the Application. You may earn Virtual Currency through normal gameplay or receive it through Aniplex promotions. You may also purchase Virtual Currency either in the Application or on the official website of the Application (“Official Website”) according to these Terms of Use. Virtual Currency may be used by you for certain licensed digital intangible in-game items within the Application (collectively, “Virtual Items”).
2. No matter how you acquire Virtual Currency, all Virtual Currency (as well as all Virtual Items redeemed with Virtual Currency) are merely licensed to you as described in Article 5, Paragraph 3, above, and are owned at all times by Aniplex. You have no ownership interest in Virtual Currency or Virtual Items. Virtual Currency and Virtual Items have no monetary value whatsoever. They are instead offered solely for entertainment purposes to increase your enjoyment of the Application. You may not transfer, sell, or purchase from others Virtual Currency or Virtual Items for any reason, as set forth in Article 13, Paragraph 1 (7), below. Once acquired, you cannot exchange Virtual Currency or Virtual Items for real-world money or any other items of value.
3. If you are under the legal age of majority, you must obtain the consent of your parent or legal guardian every time you attempt to purchase Virtual Currency. By purchasing Virtual Currency, you (to the extent you are under the legal age of majority) are representing to Aniplex that you received consent from your parent or legal guardian to do so. Aniplex may set a limit based on your age on the amount of the Virtual Currency you may order in a given period. The details of any such restriction will be separately set forth in the Application or on the Official Website.
4. You may order the Virtual Currency through the purchase page in the Application by providing billing authorization through the platform on which you are playing. When you make a purchase, the payment page will let you know what payment methods you can use to make your purchase, as well as the price of the Virtual Currency.
5. Your order will represent an offer to us for you to obtain a limited license to use the Virtual Currency, which will be accepted by us when we accept your payment. At that time, the limited license will begin and Aniplex will credit your in-game account according to the content of such order ; provided, however, that Aniplex may reject your order when, for example, your payment method fails.
6. You will pay for the Virtual Currency in accordance with the payment terms and conditions separately set forth by third-party payment processor designated by Aniplex. Aniplex reserves the right to adjust the amount of Virtual Currency due for each Virtual Item at any time, in its sole discretion, without notice or reimbursement. If any dispute, disagreement, cause of action, claim, controversy, or proceeding concerning a transaction with a third-party payment processor should arise, you must attempt to resolve such dispute with such processor, and, unless there is any reason attributable to Aniplex, Aniplex will have no responsibility therefor.
7. Virtual Currency and Virtual Items are subject to termination or cancellation pursuant to these Terms of Use.
8. Aniplex will not provide any reimbursement or refund for the Virtual Currency unless otherwise required by applicable laws and regulations, in which case the method of reimbursement will be indicated in the Application or on the Official Website.
9. In addition to those specified herein, Aniplex may publish in the Application or on the Official Website any other conditions or rules for the use of the Virtual Currency from time to time as it deems necessary. In such case, you must order and use the Virtual Currency in accordance with such conditions or rules, along with these Terms of Use. In addition to the rules and restrictions set forth in this Article 6, other restrictions separately set forth in the Application or on the Official Website may apply to the order and use of the Virtual Currency by a minor.
10. You acknowledge and agree that, if you fail to participate within the period prescribed by Aniplex in any free promotion of Virtual Currency that Aniplex may from time to time provide, Aniplex may delete such Virtual Currency at its sole discretion.
11. If Aniplex deletes your account upon your request or for any reason attributable to you pursuant to these Terms of Use, or if you uninstall the Application and Aniplex therefore deletes your account, Aniplex may, without obtaining your consent, invalidate and delete the Virtual Currency and Virtual Items retained in your account. Aniplex will not be liable for any damage which may be incurred by you due to the invalidation of the Virtual Currency or Virtual Items.
12. Virtual Currency and Virtual Items currently have no set expiration date. Notwithstanding the foregoing, however, Aniplex may terminate issuance and use of, or otherwise abolish the Virtual Currency and Virtual Items by notifying you of such cancellation in the Application or on the Official Website. Aniplex will provide reasonable notice of any such action. Upon expiration of such reasonable notice period, the Virtual Currency and Virtual Items, as applicable, will become void and not be refunded unless otherwise required by applicable laws. Aniplex will not be liable for any damage which may be incurred by you due to the invalidation of the Virtual Currency or Virtual Items.
Article 7: Burden of Costs
You must bear any costs for the purchase, installation and maintenance of your Device, as well as telecommunication fees and charges such as packet communication charges and data usage fees, and any and all other costs and expenses necessary for your use of the Application.
Article 8: Acquisition and Use of Information
1. When you use the Application, Aniplex may acquire the following information (the “Acquired Data”):
(1) Your Device information (such as the OS, the language settings, and the country from which access is made);
(2) Usage status and conditions of the Application (such as the version and usage history of the Application);
(3) Information on the campaigns used; and
(4) Information transmitted by you in the process of account registration, etc., which may include, but not be limited to, username and email address.
2. Aniplex will treat your personal information included in the Acquired Data pursuant to the Privacy Policy. In case of any inconsistency between the Privacy Policy and these Terms of Use, the Privacy Policy shall prevail.
3. Aniplex may use the Acquired Data to:
(1) Provide the Application to you:
(2) Confirm your identity (if you are under legal age of majority, including your parent or legal guardian);
(3) Distribute notices, etc., carry out questionnaires, and respond to inquiries, etc.;
(4) Analyze your tendencies of use and provide services, advertisements or other information based thereon;
(5) Compile statistics concerning the usage of the Application and publish or publicize such statistical information in the Application, on the Official Website or other website of Aniplex, or otherwise;
(6) Enhance the quality of and resolve any failures in the Application; and
(7) Conduct investigations in the event of any threatened breach of these Terms of Use.
4. Aniplex shall not disclose the Acquired Data without your consent to any third party other than the providers of the services which include the handling of the Acquired Data to the extent necessary to achieve the purposes specified in the preceding paragraph.
5. Notwithstanding the provisions of the preceding paragraph, Aniplex may disclose the Acquired Data without your consent, if such disclosure is:
(1) Based on laws and regulations;
(2) Necessary for protecting the life, limb or property of humans, where it is difficult to obtain your consent ;
(3) Particularly necessary for the enhancement of public hygiene or promotion of the healthy development of children, where it is difficult to obtain your consent ; or
(4) Necessary for cooperating with a state organ, a local government, or an individual or business operator entrusted by either of the former two bodies in executing the obligations prescribed by laws and regulations, where obtaining your consent is likely to impede the execution of such affairs.
6. You acknowledge and agree that, in the event of your uninstalling the Application, Aniplex deleting your account, or Aniplex terminating the provision of the Application, Aniplex may, at its discretion, erase all of the Acquired Data.
7. You acknowledge and agree that Aniplex may cause FROSK, Inc. (“FROSK”) to collect the information specified below and analyze such information using the tool operated by FROSK under the name of “SmartBeat” for the purpose of enhancing the quality of and resolving any failures in the Application. FROSK will not identify you through such collection and analysis of such information.
(1) Your account;
(2) Settings information regarding the Application, OS version, device name, screen size, etc.;
(3) Information on the usage condition of the Application, such as the state of communication and/or memory; and
(4) Information regarding the occurrence of crashes, such as the time of and/or the portion(s) concerning the occurrence of an error.
8. You acknowledge and agree that Aniplex may cause Backtrace I/O, Inc. (“Backtrace”) to collect the information specified below and analyze such information using the tool operated by Backtrace under the name of “Backtrace” for the purpose of enhancing the quality of and resolving any failures in the Application. Backtrace will not identify you through such collection and analysis of such information.
(1) Your account;
(2) Settings information regarding the Application, OS version, device name, screen size, etc.;
(3) Information on the usage condition of the Application, such as the state of communication and/or memory; and
(4) Information regarding the occurrence of crashes, such as the time of and/or the portion(s) concerning the occurrence of an error.
Article 9: Posting of Advertisements
1. Aniplex may post any advertisements of Aniplex and any third party on the Application.
2. With respect to the aforementioned advertisements and any third party websites which are linked from the Application, Aniplex disclaims all warranties including warranties of their legitimacy, consistency, safety, accuracy, or usability and will not be liable for any damage and/or loss arising from your use of such websites, or from any goods or services provided through such use.
Article 10: Warranty Disclaimer
You acknowledge and agree that use of the Application is at your sole risk and that you are responsible for your use of the Application. The Application is provided "AS IS,” without warranty, duty or condition of any kind. ANIPLEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ANIPLEX DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS: (A) THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UPDATED; (B) THAT THE OPERATION OF THE APPLICATION WILL BE CORRECT OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; (C) THAT THE APPLICATION WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA; (D) THAT ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER THAN THE APPLICATION) UPON WHICH THE APPLICATION’S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED; AND (E) REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Article 11: Restriction on Use of Account
Aniplex reserves the right to delete or suspend your account or restrict its use in the event of occurrence of any of the following, and will not be liable for any damage which may be incurred by you due to such action by Aniplex.
(1) You breach, or Aniplex believes there is a threatened breach by you of, any of these Terms of Use, including, but not limited to, engagement in any Prohibited Matters described in Article 13, below;
(2) For any reason, the provision of the Application is hindered or interrupted by your act, or Aniplex believes there is such risk of hindrance or interruption;
(3) Your account was suspended or deleted or its use was restricted by Aniplex in the past;
(4) Aniplex otherwise considers you to be inappropriate as a user of the Application; or
(5) You request deletion of your account in accordance with the procedure set out in the Application, and Aniplex accepts such request.
Article 12: Modification, Suspension and Termination of the Application
1. Aniplex may, without providing prior notice to you, modify the content of the Application, in whole or in part, or suspend or terminate the provision of the Application.
2. Aniplex may, without providing prior notice to you, suspend for a temporary or long period of time, or terminate the provision of the Application:
(1) if Aniplex becomes unable to provide the Application due to any force majeure event, such as a natural disaster like an earthquake, tsunami or flood, or a fire, power failure or other accident, war, riot, disturbance or labor dispute;
(2) if Aniplex becomes unable to provide the Application due to any periodic or urgent maintenance of computer system or other equipment or infrastructure necessary for the provision of the Application, congestion of network lines, and/or any problem with network or service provider; or
(3) in any other cases where Aniplex considers it necessary to suspend or terminate the provision of the Application.
3. Aniplex will not be liable for any damage incurred by you due to any modification, suspension or termination of the Application, unless it is attributable to Aniplex.
Article 13: Prohibited Matters
1. In using the Application, you must not conduct:
(1) Any act which is not in compliance with applicable laws and regulations or these Terms of Use;
(2) Any act which is contrary to public order or morals;
(3) Any act of registering an account by stating false information, or any other act of providing or disseminating any untrue information to Aniplex or a third party in the Application;
(4) Any act of unduly collecting and/or using personal information of another user;
(5) Any act of infringing upon any intellectual property rights, moral rights or any other rights of Aniplex or a third party;
(6) Any commercial activity using the Application and the information obtained from the Application;
(7) Any act of selling and/or purchasing in cash or any equivalent thereto, or engaging in any exchange transaction involving (without limitation) accounts, items, the Virtual Currency and/or the Game Data, whether inside or outside of the Application;
(8) Any agreement of, or other preparatory action for, the sale and/or purchase or the exchange transaction as specified in the preceding item, whether inside or outside of the Application;
(9) Any act to illegally manipulate any result which can be obtained through the use of the Application, whether conducted individually, in collusion with another user, or by making use of the act of another user;
(10) Any act of placing a considerable load to the server or network being used for the operation of the Application;
(11) Any act of unauthorized access or any other act of pretending to be another user;
(12) Any act of willfully providing or disclosing information on the failure of the Application to any third party other than Aniplex;
(13) Any act of altering and/or damaging, or disassembling, decompiling and/or reverse engineering any programs used for the Application;
(14) Any act of causing damage to or otherwise troubling Aniplex or a third party;
(15) Any act of preventing the normal provision of the Application;
(16) Any act of damaging the credibility of Aniplex or the Application; or
(17) Any other act which Aniplex considers inappropriate.
2. In the event that you conduct any of the acts set forth in the immediately preceding paragraph, Aniplex reserves the right to suspend your use of the account immediately without giving any prior notice, and will not be liable for any damage which may be incurred by you due to such suspension.
Article 14: Limitation of Liability
ANIPLEX WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER’S TIME, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EACH AND ALL OF ITS AGGREGATE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. IF THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Article 15: Assignment of Rights and Obligations, etc.
Your account is strictly personal. You will not assign, transfer, or offer as security to any third party, in whole or in part, your status as a user of the Application or the rights and obligations concerning the transactions between Aniplex and you under these Terms of Use.
Article 16: Amendment
1. ANIPLEX RESERVES THE RIGHT TO AMEND ANY OF THESE TERMS OF USE AT ITS SOLE DISCRETION BY POSTING NOTICE ON A ANIPLEX DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE.

2. If you do not agree to the amendment, you should promptly contact Aniplex for instructions. By continued use of the Application after any changes has been made to these Terms of Use, you are deemed to have accepted such changes to these Terms of Use.
Article 17: Dispute Resolution
1. BINDING ARBITRATION
ANY “DISPUTE” THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED BELOW WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. “Dispute” is broadly defined as any disagreement, cause of action, claim, controversy, or proceeding between you, or anyone using your Aniplex Account or acting on your behalf, on the one hand, and Aniplex and/or any of its current or former subsidiaries or affiliates, including but not limited to Aniplex of America Inc., on the other hand, arising out of or relating to your relationship with Aniplex or its current or former or its subsidiaries or its affiliates, your use of the Application or these Terms of Use. It is understood and agreed that Aniplex’s current or former subsidiaries or affiliates shall have the same rights to enforce this Article 17 as Aniplex. This provision, and the term Dispute, are intended to be given the broadest possible meaning that will be enforced.

2. NOTICE OF DISPUTE
If a Dispute arises, you agree to first give notice to Aniplex by contacting Aniplex, at 4-5 Rokubancho, Chiyoda-ku, Tokyo 102-8353, Japan, Attn: LEGAL DEPARTMENT prior to initiating any proceedings in arbitration or in court, and to engage in good faith negotiations to attempt to resolve any Dispute for at least 30 days. Your notice must contain the following information: (1) your name, (2) address, (3) the email address or phone number associated with your Aniplex Account, (4) a brief description of the nature of the complaint, and (5) the resolution sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be resent before you may bring any arbitration or other legal action against Aniplex. This requirement is intended to inform Aniplex that you have a dispute to be resolved. If Aniplex does not resolve the complaint within 30 days of receipt of the Notice of Dispute, you shall be entitled to seek relief as stipulated in this arbitration agreement, except that you or Aniplex may skip this informal negotiation procedure for the Dispute enforcing, protecting, or concerning the validity of intellectual property rights.

3. ARBITRATION INSTRUCTIONS
If you and we are unable to resolve your Dispute through the pre-dispute negotiation process, you may then, and only then, initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association ("AAA"). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Aniplex shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Aniplex. The arbitration will take place in the English language, before a single arbitrator. It will be administered in keeping with the AAA’s Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes, when applicable, in effect when the claim is filed ("Rules"), except as those Rules may be amended by these Terms of Use. You may get a copy of the AAA's Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org.

4. ARBITRATION COSTS
Aniplex agrees to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Dispute is for less than $1,000, Aniplex shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, Aniplex will pay as much of the filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules.

5. ARBITRATION VENUE
Unless you and Aniplex agree differently, the arbitration will take place in the county and state where you live.

For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or virtual hearing, or the arbitrator determines that an in-person or telephone appearance is required. Virtual hearings shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, you agree that any Aniplex employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.

The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself even if state law may apply to the substance of the Dispute. The arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act.

Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

6. ARBITRATION AWARD
The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. Any court with jurisdiction over the parties may enforce the arbitrator’s decision. Nothing in this section will prevent you from seeking public injunctive relief in court separately from arbitration, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and Aniplex agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before meeting the preconditions of the pre-dispute negotiation process and agreement to arbitrate, you will be waiving your right to seek damages from Aniplex or its affiliates relating to the relationship governed by these Terms of Use. The arbitrator's award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

7. EXCEPTIONS TO ARBITRATION AGREEMENT
You and Aniplex each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

8. CLASS ACTION WAIVER
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT BEFORE A JUDGE OR JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS ALL PARTIES INVOLVED IN THE DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING, EXCEPT AS OTHERWISE DESCRIBED BELOW IN THIS PARAGRAPH AND THIS ARTICLE 17.

Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

If a court or arbitrator determines, in an action between you and Aniplex, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified below, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth below.

9. OPT-OUT INSTRUCTIONS
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND/OR THE CLASS ACTION WAIVER ABOVE, THEN: (1) YOU MUST NOTIFY ANIPLEX IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST USE THE APPLICATION OR AGREE TO THESE TERMS OF USE, WHICHEVER OCCURS FIRST (THE “OPT-OUT DEADLINE”); (2) YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ANIPLEX, AT 4-5 ROKUBANCHO, CHIYODA-KU, TOKYO, 102-8353 JAPAN, ATTN: LEGAL DEPARTMENT, OR EMAILED TO SUPPORT@FATE-GO.US, WITH THE SUBJECT LINE “ARBITRATION OPT-OUT”; AND (3) YOUR WRITTEN NOTIFICATION MUST INCLUDE: (A) YOUR NAME; (B) YOUR ADDRESS; (C) THE DATE YOU FIRST USED THE APPLICATION OR AGREED TO THESE TERMS OF USE; AND (D) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANIPLEX THROUGH ARBITRATION AND/OR TO BE BOUND BY THE CLASS ACTION WAIVER.

In order to validly terminate the arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.

10. REJECTING CHANGES MADE TO THE DISPUTE PROCEDURES
Despite anything to the contrary in these Terms of Use, you may reject changes made to the binding arbitration provision and class action waiver if: (1) you have already begun authorized use of the Application at the time the change was/is made; and (2) you send written notice to the address or email address in the immediately preceding paragraph within 30 days after the particular change was/is made. Should such a situation arise, you will still be bound by the Dispute procedures you previously agreed to and existing before the change you rejected was made.

11. JURY TRIAL WAIVER
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

12. SEVERABILITY
If any clause within this arbitration agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this arbitration agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable in its entirety, this entire arbitration agreement will be unenforceable, and the Dispute will be decided by a court.

13. MISCELLANEOUS
These Terms of Use are governed by, and construed in accordance with, the laws of California without regard to its conflict of law principles. Any dispute determined not subject to arbitration and not initiated in small claims court will be litigated by either party in a court of competent jurisdiction in either the Superior Court for the State of California in the County of Los Angeles or the United States District Court for the Central District of California.

14. EQUITABLE REMEDIES
Notwithstanding anything contained in these Terms of Use to the contrary, you acknowledge and agree that any violation of or non-compliance with these Terms of Use by you will cause irreparable harm to Aniplex, for which monetary damages would be inadequate, and you consent to Aniplex obtaining any injunctive or equitable relief that Aniplex deems necessary or appropriate in such circumstances. Aniplex may also take any legal and technical remedies to prevent violation of and/or to enforce these Terms of Use, including, but not limited to, immediate termination of your use of the Application, if Aniplex believes in its sole discretion that you are violating or intend to violate these Terms of Use. These remedies are in addition to any other remedies Aniplex may have at law, in equity or under contract.

15. THIRD PARTY BENEFICIARY
You, Aniplex and Aniplex's affiliates, including but not limited to Aniplex of America Inc., have rights under this agreement. Subject to the foregoing, no other person or entity shall have third party rights under this agreement other than specifically provided herein.
Article 18: Entire Agreement, Waiver, and Severability
These Terms of Use and the Privacy Policy, each as amended and modified from time to time, together constitute the entire agreement between you and Aniplex with respect to the Application. The failure of Aniplex to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible so as to maintain the intent of these Terms of Use, and the other parts will remain in full force and effect.
Article 19: Supplemental Clause for iOS Device Users
This clause supplements and is in addition to the conditions of these Terms of Use for users who purchase and install the Application on iOS device. If the following provisions contradict and/or conflict with the provisions of these Terms of Use, the following provisions will be preferentially applied to the extent of such contradictions and/or conflicts.
(1) Acknowledgement: You acknowledge that these Terms of Use is concluded between Aniplex and you, and not with Apple Inc. (“Apple”), and Apple will not be responsible for the Application and the content thereof.
(2) Scope of License: The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the usage rules set forth by Apple in the terms of service of App Store.
(3) Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(4) Warranty: In the event of any failure of the Application to conform to any applicable warranty, Apple will refund the purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
(5) Product Claims: You acknowledge that Apple will not be responsible for addressing any claims of you or any third party relating to the Application or your use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(6) Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Application or your use of that Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(7) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(8) Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Application, e.g., you must not be in violation of your wireless data service agreement when using the Application.
(9) Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Article 20: Contact Us
If you have any queries in relation to the Application, please do not hesitate to contact us at:
Aniplex Inc.
4-5 Rokubancho, Chiyoda-ku, Tokyo 102-8353, Japan
support@fate-go.us