We hope you are enjoying playing FIST OF THE NORTH STAR: LEGENDS ReVIVE.
The following additional Clauses to our User Agreement will be effective as of March 14, 2022 (Mon) JST.
■ Additional Clauses
IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 24 BELOW.
6. SUBSCRIPTION SERVICES
Some of the Services may offer subscription services. If you purchase a subscription, you are requesting that SEGA begins supplying the subscription’s services immediately and are entering into a subscription agreement with SEGA. You are also authorizing a charge to you of a periodic subscription fee at the rate quoted to you at the time of purchase. Subscription charges will be applied to the payment instrument you provide when you start your subscription (or to a different payment instrument if you provide one). Please note that prices and charges are subject to change at any time. If SEGA makes a change to the subscription rate, SEGA will notify you in advance. Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription or we terminate it. You must cancel your subscription at least 24 hours before the end of the current billing period, otherwise payment for the next billing period will be taken automatically via your chosen payment instrument. Subscription payments are nonrefundable and there will be no compensation, credits, or other forms of refunds for partially used subscription periods. For subscription services purchased via a platform, such as the Apple App Store or Google Play, please review their payment and customer support terms with respect to subscriptions.
8. OWNERSHIP
You acknowledge and agree that you shall have no ownership or other property interest in the Services and SEGA Content, including all associated intellectual property rights, and that the aforementioned are the exclusive property, shall forever be owned by and inure to the benefit of SEGA and its licensors.
24. CONTROLLING LAW AND JURISDICTION
If you reside in or purchased and use the Product in the United States or Canada any dispute arising out of or related to this Agreement shall be governed in all respects by the laws of the State of California of the United States of America without regard to conflict of law provisions. If you are a resident of the United States or Canada, the United States Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate and class action waiver provisions of Section 24.
25. FOR RESIDENTS IN THE UNITED STATES AND CANADA –BINDING ARBITRATION AND CLASS ACTION WAIVER
This Section 24 applies to you if reside in or acquired and use the Product in the United States or Canada.
Binding Arbitration: You and SEGA (each a “party” for purposes of this Section, and collectively “the parties”) agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), our relationship with each other, or your use of the Product shall be finally settled solely by binding arbitration unless the claim is within the exceptions described below. THIS AGREEMENT MEANS THAT YOU AND SEGA AGREE TO NOT HAVE SUCH CLAIMS RESOLVED IN A TRIAL BY A JUDGE OR JURY. This agreement applies to all kinds of claims, including legal, equitable, or statutory claims, under any legal theory. It also applies even after you stop using or delete, destroy, or otherwise no longer possess the Product. If you or SEGA brings a claim in court that is subject to arbitration under this section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator, and not a court, shall have the exclusive authority to decide whether any portion of this section is valid or enforcement, or whether it applies to a claim. An arbitration proceeding shall be held before a neutral arbitrator and not a judge or a jury, so you and SEGA agree to give up the right to a trial before a judge or jury. An arbitration proceeding has different rules than a lawsuit in a court. For example, arbitration is less formal and usually provides for more limited information sharing between the parties in the process called discovery. After the arbitrator decides the outcome, that decision will be final and you or SEGA will generally not be able to change the outcome in a court.
This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
You and SEGA agree that the arbitration will be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. But if there is a conflict between this Agreement and the JAMS rules, then we will follow this Agreement. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. If the filing fee for the arbitration exceeds the cost of filing a lawsuit, SEGA will pay the additional cost. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation. Each party will pay its own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
Location: The arbitration will take place in Los Angeles County, California or in the county or province where you reside. You and SEGA agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that any arbitration or court proceeding shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. As a result:
YOU CANNOT BRING A CLAIM AGAINST SEGA AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR ANY OTHER COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
AN ARBITRATOR CANNOT COMBINE YOUR CLAIMS AGAINST SEGA WITH ANY OTHER PERSON’S CLAIMS AGAINST SEGA INTO A SINGLE CASE.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then Section 19 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Exceptions to Agreement to Arbitrate: We agree that we each will still have the right to go to court to resolve the following claims:
Claims about SEGA’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents).
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitrate.
Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction subject to the venue requirements described in Section 20.
30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Section 19 by sending written notice of your decision to opt-out to the following address: SEGA, 6400 Oak Canyon, Suite 100; Irvine, CA 92618; Attn. Legal & Business Affairs Department. The notice must include the following information:
Your full name.
Your address.
The name of the Product you purchased and the date you purchased it or, if no purchase was made, the date that you first accessed or used the Product.
All usernames or identifiers you use to access or use the Product, if any.
Your signature.
The notice must be sent within 30 days of purchasing the Product (or if no purchase was made, then within 30 days of the date on which you first access or use the Product and agree to these terms); otherwise, you shall be bound to arbitrate disputes in accordance with this section. If you opt-out of these arbitration provisions, SEGA also will not be bound by them
■ How to review the updated User Agreement
Please tap your Profile on the home screen then go to "Settings" and then "User Agreement" to review the updated User Agreement.
You can also review the User Agreement via the link below.
By using this service following the addition of new clauses to the User Agreement, you are agreeing to the updated User Agreement.
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