Article 1 (Definitions)

The terms used in these Terms of Use (hereafter referred to as “Terms”) are defined as follows.

(1) “The Company” refers to the Evolving G Corporation.
(2) Gundam Factory Yokohama refers to the complex of facilities operated by the Company, and which consists of exhibition facilities, cafes, shops, etc., centered around the life-size moving Gundam.
(3) “The App” refers to the application “Official Gundam Factory Yokohama App” provided by the Company for the Gundam Factory Yokohama.
(4) “The Services” refers to ticket sales, and coupon introduction services provided via the App of the Company, as well as the member registration services whose purpose is providing them.
(5) "Member" means people who go through member registration in order to use the Services.
(6) “Customer” refers to anyone who uses the App or the Services, regardless of whether they are a member.
(7) “BANDAI NAMCO ID” refers to the unique accounts for identifying and managing members for the services of the BANDAI NAMCO Group; the ID can be used across group services and its main functions are member recognition, data management, payment, social networking, and information distribution/aggregation.
(BANDAI NAMCO ID Member Agreement: https://www.bandainamcoid.com/info/terms）

Article 2 (Scope)

The Terms shall apply to all matters related to the use of the App and the Services.
In addition to these Terms, if the Company establishes individual terms, guidelines, rules, caveats, notes, etc. (collectively referred hereafter as “individual terms”) for each App and/or Service, the individual terms shall form part of the Terms and shall apply to all matters related to the use of the App and/or Services subject to the individual term concerned.
If the content of the Terms differs from that of an individual term, the content of the individual term shall take precedence.
At the time a customer starts using the App and/or the Services, s/he agrees to the Terms and the individual terms.
Even if a part of the Terms or the individual terms is found to be invalid under laws or regulations, the validity of parts not found to be invalid shall not be affected in any way.

Article 3 (Changes to the Terms/Individual Terms)

The Company may change the Terms and/or the individual terms from time without the prior consent of the customer by notifying the customer via a means the Company deems appropriate, such as by posting them on the website of the Company, via email notification, etc. The Terms and individual terms after being changed shall apply to all customers, regardless of when use started or the timing of registration, and customers agree to them in advance.

Article 4 (Compliance with the Terms/Individual Terms)

The customer must read the Terms and the individual terms about the use of the App and/or the Services carefully and use them according to the Terms and the individual terms.
In addition to the Terms and the individual terms, the customer must also agree to comply with the agreements and terms (including but not limited to various terms and/or guidelines set forth by the operators of platforms on which the App is provided, and or payment service providers) of any third party when using the App and/or the Services.

Article 5 (Member Registration)

Those customers who wish to register as members shall apply to do so via the method set forth separately by the Company. Note that when registering as a member, one customer may only register one member ID; it is not possible to register more than one member ID.
Customers who are minors must have the consent of their legal representative in order to register as a member. Minors who have applied must obtain the consent of their legal representative.
Member registration entails the Company receiving the customer’s application as per Article 1, conducting necessary examination thereof, and once the customer receives an email indicating registration is complete from the Company, it means the company has approved it and member registration is complete.

Article 6 (Suspension of Use, Denial/Cancellation of Member Registration)

If any of the following applies to the customer, the Company may, without prior notice, suspend use of the App and/or the Services, and/or refuse and/or cancel approval of member registration.
1. (1) Past violation of the Terms and/or individual terms, and/or previously having use of the Services suspended, and/or approval of member registration refused or canceled
2. (2) If there are problems with the content of member registration application, such as if false, erroneous or incomplete information is provided, or if necessary declarations required by the Company are not made
3. (3) If it is determined that the same customer has applied and/or registered as a member more than once
4. (4) If it is determined that the consent of a legal representative has not been obtained
5. (5) If the customer dies or loses the ability to act
6. (6) If the location of the customer is unknown or cannot be contacted by the Company
7. (7) If it is determined the customer is a member of a gang, a gang-related company, a racketeer, someone masquerading as a member of a social movement, or a follower of such, or closely related to such persons
8. (8) In case of violation of laws, regulations, the Terms or individual terms
9. (9) If it is determined the Company and/or a third party may be damaged
10. (10) In addition to the foregoing, if the Company determines the use of the App and/or the Services or member registration is not appropriate
The Company shall not be liable for any damages whatsoever caused to the customer by measures taken by the Company based on the preceding paragraph. Note that the Company bears no duty of disclosure to the customer for the reasons for any measure it takes.

Article 7 (Member ID & Password)

In order to use the App and/or the Services, members must log in by entering their member ID and password in the manner prescribed by the Company.
In re the preceding paragraph, if a member has a BANDAI NAMCO ID, s/he may use that ID to log in. Please note that if the BANDAI NAMCO ID is used to log in, it may be necessary to register additional items, as specified separately by the User. Customer use of a BANDAI NAMCO ID shall be governed by the separate terms and conditions of the BANDAI NAMCO ID and the Company shall bear no responsibility whatsoever for the content of those terms or the operation of the BANDAI NAMCO ID.
Members shall be responsible for managing their own member ID and password, and shall not allow any 3rd party to use, disclose, share, lend, transfer, sell, etc., their member ID or password, regardless of whether for compensation or not. Members shall be liable for any damages that arise, such as due to use by a 3rd party, that results from poor management of their member ID, and the company shall bear no responsibility whatsoever for it.
Members must contact the Company immediately if they discover their member ID has been misused by a 3rd party.

Article 8 (Change of Registered Information)

Customers must promptly provide notification of changes, in the method specified by the Company, in the event any information provided to the Company changes; this includes name, address, email address, etc., which are used with the App and/or the Services, or for membership registration.
The Company shall not be liable for any damages that arise from customer failure to submit information in the foregoing paragraph, and the customer shall assume all liability for damages so arising to the Company or a 3rd party.

Article 9 (Cancellation of Member Registration)

Members may cancel their member registration via the procedure specified by the Company.
Once member registration has been canceled as per the foregoing paragraph, neither the App nor the Services may be used as a member. In addition, once member registration is canceled, data, such as usage and registration information of the App and/or the Services, cannot be restored.

Article 10 (Customer Responsibilities and Liability)

Customers shall use the App and/or the Services at their own responsibility and expense and shall be responsible for their use and results thereof. Any disputes between the customer and a 3rd party (including but not limited to other customers, platform providers for the App and payment service providers), such as complaints, inquiries, claims for damages, etc., that arise in the use of the App and/or the Services, shall be resolved at the customer’s liability and expense, and the Company shall not be involved in such disputes nor bear any liability whatsoever.
The customer shall be responsible and financially liable for the preparation and use of all hardware, such as electronic and communication equipment, software, and communication environment, such as telephone lines, Internet lines, etc., necessary for using the App and/or the Services.

Article 11 (Prohibited Acts)

The customer shall not, as themselves or as 3rd parties, perform any of the following acts in using the App and/or the Services.

(1) Any acts that infringe upon copyrights, other intellectual property rights, property, privacy or any other rights of the Company or a 3rd party
(2) Any acts injurious to the honor or trust in the Company or a 3rd party
(3) In addition to the preceding item, any acts that inconvenience, damage, or cause disadvantage or discomfort to the Company or a 3rd party
(4) Acts whose purpose is making a profit (including but not limited to advertising and resale)
(5) Acts contrary to public order and morals
(6) Acts related to sexual mores, politics or religion
(7) Acts that violate laws or regulations
(8) Acts of posting, publishing or transmitting the following information about the App and/or the Services:
1. 1. Information that includes excessively violent, cruel, or discriminatory expressions, or any other expressions that may make others feel uncomfortable
2. 2. Information that includes obscene expressions (meaning information the Company deems to be sexually suggestive, regardless of artistic content)
3. 3. Any information that includes expressions injurious to the content of the Company or the honor or trust in a 3rd party
4. 4. Any information for the purpose of meeting and/or engaging in obscene acts with a stranger
5. 5. Any information that includes expressions meant to induce, solicit or encourage suicide or self-harm
6. 6. Information related to the sale of drugs or dangerous drugs, or expressions that promote the inappropriate use of drugs or dangerous drugs
7. 7. Information on religious or political activities (including but not limited to information related to the promotion, publicity or solicitation of religious or political groups)
8. 8. Information whose purpose is the promotion, publicity or solicitation of companies, individuals, organizations, products, etc.
9. 9. Information containing content that solicits multi-level marketing, chain mail, etc.
10. 10. Information leading to sites/apps intended to spread harmful computer programs or the like, such as adult sites/apps, swishing sites/apps, viruses, etc., and any other sites/apps the Company deems inappropriate
11. 11. In addition to the foregoing, any information the Company deems inappropriate
(9) The act of using a member ID and password without authorization
(10)The act of sublicensing or transferring in part or whole the rights and/or obligations related to using the App and/or the Services to a 3rd party, or otherwise bequeathing or providing them as security
(11)Unauthorized access to the server(s) for the App and/or the Services, stealing data, using programs and/or tools for hacking the software, or using these to steal information, or to gain an unfair advantage in a game
(12)Acts that use a defect(s) in the App and/or the Services to provide oneself or a 3rd party an advantage, or that puts the Company or a 3rd party at a disadvantage
(13)The act of overburdening the server(s), etc. of the App and/or the Services
(14)Analyzing the App and/or the Services via methods like reverse engineering, decompiling, disassembly, etc., or copying (including reprinting)modifying or adapting the App, regardless of the purpose or method
(15)Any act that creates the risk of the foregoing
(16)Any other acts the Company deems inappropriate in the use of the App and/or the Services

Article 12 (Ownership of Rights)

All rights, including copyrights, other intellectual property rights and ownership rights worldwide, relating to the App and/or the Services as well as the content provided to the customer via them, shall belong to the Company or to a 3rd party(ies) licensed by the Company.
Customers may not use the App and/or the Services, nor any content provided to the customer via them, without the prior written consent of the Company or copyright holder, beyond the extent permitted by the Terms and the individual terms.

Article 13 (Changes to the App/Services)

The Company may alter the name, content, specifications, etc., of the App and/or the Services without prior notice to the customer.

Article 14 (Suspension of the App/Services)

The Company may suspend provision of the App and/or the Services for the purpose of periodic maintenance, upgrading the version, updates, etc., of the App and/or the Services. In such case, the Company shall notify customers thereof in advance.
In addition to the provisions of the preceding paragraph, the Company may suspend provision of the App and/or the Services in part or whole without prior notice to the customer in the following cases.
1. (1) In the case of force majeure, such as natural disasters, including earthquakes, typhoons, floods, fires, power outages, epidemics of infectious diseases, etc.
2. (2) In the event of war, terrorism or other disruptions, strikes, labor disputes or other emergency situations
3. (3) In the event of accidents, such as fire or power outages
4. (4) In the event of system or equipment failures
5. (5) If the Company deems that emergency maintenance is necessary
6. (6) If there is a risk of any of the foregoing
7. (7) If the Company deems it otherwise necessary

Article 15 (Discontinuation of the App/Services)

The Company may at its discretion discontinue providing the App and/or the Services in part or whole. The Company shall notify customers in advance if it will discontinue providing the App and/or the Services.

Article 16 (Notices from the Company)

The Company shall notify customers via a means the Company deems appropriate, such as by posting them on the website of the App or that of the Company, via email or other means.
With respect to the foregoing paragraph, notification of all customers shall be complete when then notice is posted on the website, in the case of notification by posting on the website of the App or of the Company, or when the email is received by the registered address of the customer, in the case of email notification.

Article 17 (Disclaimers)

The Company shall not be liable for any damages that arise due to actions, such as changes, suspension or discontinuation of the App or any other action specified in the Terms and the individual terms, even if the customer is affected or incurs damages.
The customer may not be able to use some or all functions or services of the App and/or the Services due to the terminal and/or communication environment the customer is using. The Company does not guarantee that the App and/or the Services can be used under any usage environment.
In relation to the information provided in the App and/or the Services, the Company does not guarantee its completeness, accuracy, security, validity, legality, non-infringement, etc., and shall bear no liability for it whatsoever.
The Company does not guarantee the App and/or the Services are defect-free, including bugs and errors, nor does the Company have any obligation to repair, improve or upgrade the App and/or the Services.
The App and/or the Services are provided for use within Japan and may not be used outside of Japan. The Company makes no guarantees whatsoever and shall bear no liability related to the download, installation or any other use outside Japan.

Article 18 (Compensation for Damages)

If the customer incurs any damages in relation to the App and/or the Services for a reason that can be attributed to the Company, such damages shall be compensated by the Company, but are limited to direct damages actually incurred by the customer (does not include indirect damages, special damages or lost profits) up to the purchase price of the product and/or services involved in the damage. However, these limitations shall not apply if said damages are due to intentional or gross negligence by the Company.
If the customer causes damage to the Company through violation of the Terms and/or individual terms, s/he shall be liable to the Company for such damages.

Article 19 (Handling of Personal Information)

The Company shall handle information obtained from the customer in relation to the App and/or the Services in accordance with Privacy Policy set forth separately by the Company and “Handling of Personal Information.”

Article 20 (Jurisdiction)

If a lawsuit becomes necessary between the customer and the Company in relation to the use of the App and/or the Services, the Tokyo District Court shall in the first instance be the exclusive court of jurisdiction.

Article 21 (Governing Law)

Japanese law shall apply to the establishment, effect, performance and interpretation of the Terms and the individual terms.

End of Document

Evolving G Corporation
Established May 11, 2020