User Terms of Use

These User Terms of Use (these “Terms”) prescribe rights and obligations between you and Oink Games Inc. (“Oink Games” or the “Company”) and the terms and conditions for the provision of games provided by the Company (the “Games”). To use the Games, you need to read the full text of these Terms and consent to these Terms.

When you start playing the Games, a use agreement is deemed concluded between you and Oink Games. If you do not consent to these Terms, you should cease using the Games.

1. Scope

1.1. The purpose of the Terms is to set forth the terms and conditions for the provision of the Games and the rights and obligations between Oink Games and you, and the Terms shall be applied to all aspects of the relationship between you and Oink Games in connection with the Games.

1.2. Any rules for use of the Games and Privacy Policy(the “Rules”) posted on Company's website shall constitute an integral part of the Terms.

1.3. If there is any conflict between the Terms and the Rules or any other description regarding the Games not provided for herein, the Terms shall prevail.

2. Rights

Except for the rights granted hereunder, (i) the Games (including all texts, graphics, music or sound, characters, names, themes, costumes, still images, videos, audio-visual effects and other elements, whether individually or in combination) and all copies thereof, (ii) intellectual property rights related to the Service, including trademarks, logos, product names, service marks, patentable items, and other forms of intellectual property rights of Oink Games and its licensors and related to the Games, and (iii) any other rights, including title, interest and intellectual property rights in or to the Games belong to Oink Games. The Games are protected by national or foreign laws and regulations and copyright conventions, etc.

3. License

3.1. On condition that you comply with the terms and conditions set forth herein and terms and conditions established by platforms provided by third parties that connect to the Games, including PlayStation™Network (“Third Party Platforms”), Oink Games grants you a non-exclusive, non-commercial, non-transferable, non-sublicenseable, revocable and personal right to install the Games in an appropriate platform such as PlayStation®5 as necessary and to use the Games on such platform.

3.2. You agree that Oink Games may update, alter, suspend or terminate the Games for any reason at its own discretion without prior notice. You may not access information stored in the Games during the term of such suspension. Such suspension may occur when Oink Games carries out regular or emergency maintenance of the Service.

3.3. If Oink Games terminates the Games, it may immediately suspend or terminate part or all of access to the Games. In this case, you may not access information stored in the Games and Oink Games shall have no liability therefor.

4. Restriction of Use

4.1. In using the Games, you must not take the following acts:

(i) Breaching applicable laws and regulations or rules or these Terms

(ii) Violating public order and morality

(iii) Using the Games for commercial or political purposes

(iv) Copying, acquiring data of, reproducing, redisplaying, reverse engineering, decompiling, otherwise analyzing, hacking or altering services, including a server or network used to provide the Games

(v) Accessing or attempting to access an account that is not yours

(vi) Interfering with other customers’ use of services

(vii) Taking a fraudulent act or obtaining illicit gains in the Games or other services of Oink Games

(viii) Using the Games or any other services of Oink Games online, offline or in a multiple player mode without the prior written approval of Oink Games to take a fraudulent act or obtain illicit gains (including, but not limited to, preparation, development, modification, distribution, use, promotion, advertisement, sale, commercialization of software, services, tools or schemes)

(ix) Interrupting security functions of the Games

(x) Copying the Games or accessing the Games by using an illegal server

(xi) Intercepting, mining or collecting information from the Games or users of the Games without the prior written approval of Oink Games

(xii) Violating intellectual property rights or other rights of Oink Games or its licensors or other third parties

(xiii) Deleting trademarks or notices of copyrights or other intellectual property rights related to the Games

(xiv) Falling under an antisocial force, etc. (meaning an organized crime group, organized crime group member, right-wing organization, antisocial force, or other person equivalent thereto) or having a relationship or being involved with an antisocial force, etc. in a way such as providing cooperation or involving in the maintenance, operation or management of the antisocial force, etc. by providing funds or other benefits

4.2. If you breach any provision of the preceding paragraph or these Terms, Oink Games may immediately suspend or discontinue your access to the Games.

5. Use of the Games by Children

5.1. Oink Games will not knowingly collect personal information from persons under the age of 13 (or other minimum age in your jurisdiction) without legally required express consent of his/her parent or guardian that can be verified. Persons at the age of 13 (or other minimum age in your jurisdiction) and under the age of 18 (or other adult age in your jurisdiction) are required to obtain consent of their parents or guardians before using the Games. Where applicable, interactive video games provided by the Service (collectively, “Video Games”) provide information on a voluntary or mandatory specified age limit described on a package or online.

5.2. You agree not to play, or allow others to play, a specific Video Game if you breach the applicable legal age limit in your jurisdiction when you do so.

5.3. Parents or a guardian of a child under the age of 18 (or other adult age in your jurisdiction) should carefully read these Terms before permitting the child to use the Games.

6. Virtual Items, Etc. in Video Games

6.1. Virtual items, etc. in Video Games consist of digital items such as characters, costumes, weapons and equipment, and specific online services such as addition of game modes or functions. Those virtual items, etc. (collectively, the “Virtual Items, Etc.”) may be (i) purchased through Third Party Platforms or (ii) acquired or obtained through the Games.

6.2. Oink Games reserves the right to manage, regulate, control, modify, update or delete the Virtual Items, Etc. (including the contents and prices thereof) and has no liability to you or third parties for such act. You have no right, title or interest in the Virtual Items, Etc. acquired, purchased or otherwise obtained by you in a way approved under these Terms except for limited, personal, non-transferable, non-sublicenseable licenses revocable by Oink Games.

6.3. Unless otherwise expressly permitted in the Games or by Oink Games, you agree that you are not allowed to assign or transfer the Virtual Items, Etc. In addition, you are not allowed to sell, convert into cash, transfer, lend, create a security interest in the Virtual Items, Etc. to other users of the Games, Oink Games or any other third parties outside the Games.

6.4. You agree that even if you acquire, obtain or purchase the Virtual Items, Etc., you will not legally own such Virtual Items, Etc. and that the number of the Virtual Items, Etc. does not represent the balance of real currency or its equivalent. The number of the Virtual Items, Etc. shown on your account defines the scope of your limited license.

6.5. If you are a resident of an EU member state, you have the right to cancel the purchase of the Virtual Items, Etc. to a certain extent. However, when the right to access the Virtual Items, Etc. is granted to you on your account and the Games are started to be provided, you will be deemed to have expressly waived your cancellation right. You agree in advance that (i) any currency or Virtual Items, Etc. of the Games will start to be downloaded immediately after the purchase and that (ii) your cancellation right will expire upon completion of the purchase.

6.6. If you are a resident of North, Central or South America (the “U.S., Etc.”), the provisions of 6.6.1 will apply, and if you are a resident of a region other than the U.S., Etc. and Asia, the provisions of 6.6.2 will apply. 

6.6.1. Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

6.6.2. Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

7. Community Guidelines

7.1. If you use an online community with other players of the Game, upload contents of the Games (including contents created by you), or communicate with other customers of the Games in connection with the Games, you shall comply with the following guidelines (the “Community Guidelines”). You shall represent and warrant to Oink Games that you have a legitimate right to upload contents to be uploaded by you to the Games and that such contents do not violate any rights of third parties.

• Do not verbally abuse, harass, stalk, threaten, make insulting comments on, or carry out a personal attack on, other customers or other third parties.
• Do not use the Games to encourage a discriminatory or illegal act or an act of hate based on race, religion, national origin, sex, sexual orientation or disability, including an inhumane crime, terrorism, exploitation of minors, violence against others or a group of people, attack on human dignity of others, or hate-motivated behavior against others.
• Do not use the Games to distribute contents that are obscene, pornographic, defamatory, discriminatory or illegal or contents that violate intellectual property rights or rights of other persons or entities.
• Do not use the Games to distribute contents that contain expressions that encourage suicide or self-injury behavior or inappropriate use of drugs.
• You are not allowed to disclose information that can be used to identify others, including names, addresses, telephone numbers, email addresses, dates of birth, individual numbers, social security numbers, credit card numbers, medical information, financial information and portraits of other customers or other third parties.
• Do not impersonate another person or entity or pass yourself off as a person related to such another person or entity, or use other false, fraudulent or deceptive language or behavior.
• Do not fraudulently manipulate or alter the use of the Games.
• Do not upload, publish, stream or otherwise transmit contents that contain computer virus or other harmful computer programs.
• Do not create cheats, assist a third party in creating or using cheats, interfere with prevention of cheats, or take other acts that encourage cheating behavior.
• Do not take acts of intending to have a sexual encounter with strangers of the opposite sex.
• Do not take acts that cause disadvantage, damage or discomfort to Oink Games, other customers of the Games or other third parties, or acts that are deemed inappropriate by Oink Games.

7.2. If Oink Games determines that you breach the preceding paragraph or take other acts that Oink Games deems adversely affect the operation or provision of the Games, Oink Games may terminate or suspend your use of the Games at its own discretion without notice.

8. Use of Third Party Service

8.1. Some Games may provide options to access a website, software, service, contents, advertisements or other functions provided by a third party (the “Third Party”). Oink Games does not warrant or manage such services provided by a Third Party (the “Third Party Services”) and has no liability for communications or transactions between you and the Third Party. If you access the Third Party Services, please use such services after confirming applicable rules such as the terms of use and privacy policy established by the Third Party.

8.2. The terms set forth in the following items supplement these Terms for customers who use the Games with products or services provided by Sony Interactive Entertainment Inc., Sony Interactive Entertainment America LLC or Sony Interactive Entertainment Europe Ltd. (collectively, the “SIE Group Companies”). If there are any discrepancies or conflicts between the provisions of the following items and these Terms, the provisions of the following items shall prevail only to the extent of the discrepancies or conflicts:

8.2.1. These Terms and the terms of use under these Terms are concluded between you and Oink Games, not between you and the SIE Group Companies.

8.2.2. Oink Games has all responsibilities for the Games.

8.2.3. The right under Article 3, Paragraph 1 is granted to you only when you use the Games on a platform owned or managed by you or with other systems provided by PlayStation™Network.

8.2.4. You acknowledge that each SIE Group Company is a third party beneficiary of these Terms and that your consent to these Terms will grant each SIE Group Company the right to enforce these Terms against you as a third party beneficiary.

9. Your Feedback

Oink Games may ask you to provide Oink Games or a third party designated by Oink Games with your feedback, opinion or proposal regarding the Games (the “Feedback”).

You are deemed to have acknowledged and agreed with respect to the Feedback that (i) Oink Games has no confidentiality obligation, whether expressed or implied, for Feedback, (ii) Oink Games has the right to use or disclose (or to choose not to use or disclose) the Feedback for any purpose, by any method or in any region at its own discretion, (iii) Oink Games may have already reviewed or developed the same or similar matters as those included in the Feedback, (iv) you automatically and irrevocably assign or transfer and will assign or transfer all copyrights (including rights prescribed in Articles 27 and 28 of the Copyright Act), patents or other intellectual property rights in or to the Feedback to Oink Games without imposing any obligation on Oink Games, and (v) you have no rights to receive any compensation, consideration or payment, regardless of its name, from Oink Games for Oink Games’ use of the Feedback for any reason.

10. Collection of Your Data

10.1. Oink Games may collect and store your data regarding the status of your use of the Games, your connection to the Games or your platform for the development, provision, and quality improvement of the Games. If such data include personal information, such data will be treated pursuant to the privacy policy of Oink Games separately established. You agree that Oink Games will treat information on you pursuant to the privacy policy.

10.2. To prepare user statistics, Oink Games may record, store, analyze or otherwise use certain data regarding the status of use of the Games that cannot identify an individual (including the number of access times, the actual number of play times and play hours, and the summary statistics thereof). All rights to the information, data and the use status data collected by Oink Games from you pursuant to these Terms belong to Oink Games.

11. No Warranty

The Games are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Oink Games makes no warranties of any kind, whether expressed or implied, or statutory or otherwise, including (i) warranties as to the compatibility, accuracy, up-to-dateness, integrity, reliability or safety, (ii) warranties as to the fitness for your specific purpose, (iii) implied warranties as to title or non-infringement, (iv) warranties as to no loss of data or no damage to your system, no interruption due to disconnection to the Internet, no failure of software or hardware, or (v) warranties as to no interference with playing of the Games. In addition, Oink Games makes no warranties as to no interruption or errors in the Games, correction of defects in the Games, no virus or other harmful components in the Games, or the Games’ conformity to the service level agreement.

12. Limitation of Liability

Except where Oink Games commits willful misconduct or negligence, Oink Games has no liability for any indirect, incidental, punitive, special or consequential damages (including, but not limited to, lost profit, loss of revenue, or loss of data) arising from or in connection with your use of the Games, regardless of how such damages have occurred, even if Oink Games has been advised of the possibility of such damages.

If you incur damage with respect to the Games due to Oink Games’ negligence (excluding gross negligence), Oink Games will assume liability only for direct and normal damages actually incurred by you due to Oink Games’ non-performance, tortious act or other reasons whatsoever up to the amount paid by you for the Games.

In some countries or jurisdictions where a disclaimer or limitation of implied warranties or liability is not permitted, Oink Games’ liability will be limited to the extent permitted by law of such countries or jurisdictions.

13. Term and Termination

13.1. When you accept these Terms, these Terms come into effect and a use agreement is concluded between you and Oink Games pursuant to these Terms. The use agreement will come to an end when it is cancelled, terminated or otherwise cease in accordance with the terms and conditions of these Terms.

13.2. You may terminate the use agreement at any time for any reason whatsoever.

13.3. If you fail to comply with any term of these Terms, your rights under these Terms and the use agreement shall automatically expire without notice.

13.4. If the use agreement ends for any reason whatsoever, your license for the Games will cease to exist and you will not be able to access the Games or may lose all information and data related to the Games, including the Virtual Items, Etc. in the Games.

14. Beta Testing for the Games

14.1. This article supplements the terms of these Terms and applies to you if you participate in beta testing for the Games (the “Beta Testing”) conducted by Oink Games.

14.2. If you find a defect in the Games, such as a bug in the Games while participating in the Beta Testing, you shall provide cooperation such as reporting such defect to Oink Games. You shall also provide cooperation if Oink Games requests you to submit a questionnaire or report matters designated by Oink Games. The provisions of Article 9 will apply to the treatment of information, etc. provided by you to Oink Games pursuant to this paragraph.

14.3. You shall not disclose or leak to any third party information on the contents, specifications, technologies, etc. of the Games and defects, etc. in the Games obtained through the Beta Testing unless Oink Games expressly allows you to disclose specific information after specifying the terms of disclosure.

14.4. The Beta Testing is to test the Games under development for the purpose of final adjustments to complete the official versions of the Games. The contents and functions, etc. of the Beta Testing versions of the Games may be limited. Oink Games may, at its own discretion, stop or discontinue the Beta Testing or change the period of the Beta Testing, and suspend or stop your participation in the Beta Testing. In addition, disclaimers of warranties and limitation of liability for the Beta Testing shall be subject to the provisions of Articles 11 and 12. You shall participate in the Beta Testing at your own responsibility.

14.5. Oink Games shall not transfer data stored by you in a server of Oink Games or your platform while participating in the Beta Testing to the official versions of the Games as player data. You may not use data of the Games used for the Beta Testing after the end of the Beta Testing.

15. Amendment to These Terms

Oink Games reserves the right to amend or change the Terms when Oink Games finds it necessary. In the event of any amendment or change to the Terms, Oink Games shall inform the effective time and content of the amended or changed Terms by posting on the Games or other appropriate way, or notify you of the same. If you continue to use the Games after amendment to these Terms, you fully and irrevocably accept all the amended terms of these Terms.

16. General Terms

16.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Japan, and the formation, interpretation, performance, etc. of any contract between you and Oink Games under these Terms shall be governed by the laws of Japan.

16.2. Dispute Resolution. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any claim, difference of opinion, or dispute arising out of or in connection with these Terms or these Terms.

16.3. Remedy in Your Jurisdiction. You may receive certain rights or remedies under laws and regulations of your jurisdiction. In addition, a disclaimer or limitation of liability may not be permitted or remedies available under certain circumstances may not be limited pursuant to laws and regulations of your jurisdiction.

16.4. Waiver of Class Action Rights. Dispute resolution procedures shall be taken only on an individual basis, whether by a lawsuit or arbitration, but not by a class action or representative action, or as a specified member or non-specified member of a class action, consolidated action, representative action or private attorney general action unless otherwise specifically agreed by and between you and Oink Games in writing after entering into judicial proceedings or arbitration.

16.5. Waiver. No failure or delay by Oink Games in exercising any of its rights or remedies under these Terms or laws and regulations constitutes waiver of such right or remedy or other rights or remedies or prevents or limits subsequent exercise of such right or remedy or other rights or remedies. In addition, no single or partial exercise of the aforementioned right or remedy prevents or limits subsequent exercise of such right or remedy or other rights or remedies. Waiver of rights or remedies may be deemed effective only after you and Oink Games sign a document specifying the waiver.

16.6. Indemnification. You agree to protect, indemnify and hold Oink Games harmless from any and all claims, demands, losses, liabilities, or expenses (including attorney’s fees) arising in connection with contents created or uploaded by you, your use of the Games, your violation of these Terms, or your violation of a third party’s intellectual property rights or other rights. You agree in advance that Oink Games reserves an exclusive right to assume defense and control of matters to be indemnified by you pursuant to this paragraph and that you shall provide cooperation to Oink Games when claiming a defense available to you.

16.7. Export Control. You shall comply with all applicable laws and rules in Japan and other countries and shall not export or transmit the Games via the Internet or by other methods to any countries subject to an embargo imposed by Japan pursuant to the Foreign Exchange and Foreign Trade Act or the Cabinet Order on Export Trade Control.

16.8. Severability. If any provision of these Terms is found to be invalid, illegal, unenforceable, or unenforceable, that provision shall be deemed severable and its invalidity shall not affect the validity or enforceability of any other part of these Terms.

16.9. Assignment. Oink Games may assign its contractual status and all or part of its rights and obligations under these Terms to any third party at its sole discretion without prior notice to you. You may not assign your contractual status or any of your rights and obligations under these Terms, in whole or in part, without the prior written consent of Oink Games.

16.10. Entire Agreement. The use agreement under these Terms constitutes and prescribes the entire and exclusive understanding and agreement between you and Oink Games with respect to your use of the Games, together with the privacy policy, additional terms and conditions, and other rules related to the use of the Games, and cancel and supersede any and all understandings and agreements made by and between you and Oink Games, whether orally or in writing, before the execution of the use agreement with respect to the subject matters of these Terms.

16.11. Method of Communication. Any communications or notices from you to Oink Games, including but not limited to inquiries with respect to the Games, and any communications or notices from Oink Games to you, including but not limited to notices concerning any amendment to these Terms shall be made in accordance with the procedures specified by Oink Games.

16.12. The original version of these Terms is written in Japanese. Any and all translations are provided only for reference purposes. You agree to waive all rights to execute, document or interpret these Terms in a specific language in accordance with laws, etc. of your country or region.

Established on 04/01/2024