• (1) “Game” means the game title “Alice Fiction” operated and provided by the Company.
• (2) “Test” means the test using the Game’s beta version for completing its final version.
• (3) “Tester” means each user who participates in the Test.
• (4) “Terms of Use” means these “Alice Fiction” Beta Test Terms of Use that shall apply to the Company and the Tester in relation to the Tester’s participation in the Test.
• (5) “Tester Data” means the data that accumulate in the Company’s server, etc. through the Tester’s participation in the Test.

• (1) The Tester shall cooperate with the Company by reporting any problems in relation to the Game software and/or the environment for playing the Game discovered during their participation in the Test.
• (2) The Tester shall be responsible for the management of their ID and password (if applicable), and shall not divulge them to any third party (including other testers in the Test) or allow any third party to use them with or without the Tester.
• (3) The Tester shall be responsible for any and all acts conducted in the Test with their ID and password (if applicable) whether or not any such act has been conducted by the Tester.

• (1) The Tester’s participation in the Test shall require their consent to these Terms of Use. The Tester shall be deemed to have given their consent to these Terms of Use by logging in the Test with the ID and password distributed for the Test.
• (2) If the Tester is a minor, the Tester warrants to the Company that they have obtained the prior consent of all of their parents, guardian and/or other statutory agents for their participation in the Test and on these Terms of Use.
• (3) The Tester shall manage at its own responsibility their Game account information and other information relating to themselves as well as settings and other information relating to their participation in the Test.

• (1)The Tester shall use the Test at their responsibility.
• (2)The Tester shall prepare at their own responsibility and cost the telecommunication line and equipment to be used by them for the Test.
• (3)The recommended use environment for the Test shall be separately designated and presented by the Company. The Test may not function as intended in any use environment other than the recommended one.

The Company shall prohibit the Tester from any of the following acts in relation to the Test:

• (1) transfer or lending to any third party (including other testers in the Test; the same shall apply hereinafter) their status as the Tester;
• (2) transfer to or from, or lending to or borrowing from any third party, with or without consideration, any content, etc. provided in the Test;
• (3) act of slander, defamation or insult against the Company or any third party, or other act that gives a feeling of discomfort to any third party, whether or not such act is made publicly;
• (4) act of damaging the privacy, honor or reputation of the Company or any third party;
• (5) act that infringes or may infringe the copyright, trademark right or other intellectual property right, portrait right, publicity right or other rights included in the Test;
• (6) publishing indecent or violent information;
• (7) act that is in violation of public policy;
• (8) political, religious or other similar act;
• (9) act that is in violation of any law;
• (10) use of the Test for profit without the prior consent of the Company;
• (11) commercial use of any information obtained through the Test;
• (12) hosting of any event relating to the Test without the approval of the Company;
• (13) act of obstructing the operation of the Test;
• (14) act of damaging the reputation of the Test;
• (15) registration of false information;
• (16) unauthorized use of other testers’ information registered in the Test;
• (17) unauthorized access to the server of the Company or any third party;
• (18) alteration, analysis, reverse engineering, etc. of any program, etc. relating to the Test; or
• (19) any other act that is determined by the Company as inappropriate.

• (1) The Tester shall only have the right to use the functions, contents and other services, benefits, etc. of the Test within the scope specified by these Terms of Use and shall not obtain any title to or intellectual property rights or other rights in the Test.
• (2) The copyrights and other intellectual property rights relating to the Test shall belong to the Company or any person that has licensed such rights to the Company. The use of the Test shall not transfer or grant any right to the Tester other than those specifically provided in these Terms of Use.
• (3) The copyright, trademark right and other intellectual property rights to any information entered or posted by the Tester through the Test shall belong to the Tester; provided, however, that the Tester shall not obtain any intellectual property right to the information included in the Tester’s entry or posting to which the Company or a third party has the copyright or any other intellectual property right, including but not limited to the contents provided by the Company in the Test. The Tester warrants that the information entered or posted by the Tester through the Test shall not infringe any intellectual property right or other right of any third party, and shall grant the Company the right to use, reproduce, adapt and make other secondary use of their intellectual property rights to such information without consideration, perpetually and without any condition whatsoever. The Tester shall not exercise the author’s moral right to the Company or any third party that may succeed or have licensed the rights from the Company.

• (1) The Company shall handle the Tester’s information in accordance with the separately stipulated Privacy Policy of the Company.
• (2) The Company shall be entitled to use without case-by-case consent of the Tester the information on the Tester’s hardware, software and error log relating to the Test during the Test period for the purpose of analysis and improvement of the Game, and to this extent the Company may upload any related information from the Tester’s hardware to the Company’s server, etc.
• (3) The Tester Data accumulated during the Test period will not be retained as the Tester’s player data in the commercial service of the Game.

The Company makes no warranty in relation to the following matters:

• (1) that the contents of the Test will conform to the wishes or purpose of use of the Tester;
• (2) that the data relating to the Tester’s use of the Test will be stored properly and will not be lost, that the information relating to the Test will be transmitted properly and displayed properly on the Tester’s device;
• (3) that the Test will not be terminated, interrupted or suspended; 
• (4) that the functions or contents provided in the Test will not be modified, suspended, discontinued or terminated without prior notice;
• (5) that the final version of the Game will be released;
• (6) that the Test’s application will function properly; or
• (7) that the information to be obtained by the Tester through the Test will be correct or reliable.

• (1) The Company shall not be liable for any of the following damages to the extent that such damage is not attributable to willful misconduct or negligence of the Company:
  • i) damages incurred by the Tester due to any third party’s use of the information defined in Article 3, paragraph (3);
  • ii) conflicts and/or damages arising between the Tester and any other tester in the Test or other third party;
  • iii) damages incurred by the Tester due to any unauthorized access to or alteration of the Test;
  • iv) damages incurred by the Tester due to their participation or non-participation in the Test; and
  • v) any other damages incurred by the Tester in relation to or as a result of the Test.
• (2) The Company shall not be involved in any conflict arising between the Tester and a third party (including other testers in the Test) in relation to the Tester’s use of the Test.

• (1) The Company may at its own discretion suspend the provision of the Test without prior notice or demand to the Tester if:
  • i) the Tester is in breach of or suspected to be in breach of these Terms of Use; or
  • ii) the Company determines that any act of the Tester is inappropriate in light of the purpose of the Test.
• (2) The Company may at its own discretion terminate the provision of the Test without prior notice or demand to the Tester if:
  • i) the Tester is in breach of these Terms of Use and the Company determines that such breach is significant; or
  • ii) any act of the Tester causes damages to the Company.
• (3) The Company shall not be liable for any damages incurred by the Tester or any third party as a result of the suspension or termination of the provision of the Test as provided paragraphs (1) and (2) above.

In the event that the Company incurs any damages as a result of an act of the Tester, the Tester shall compensate the Company for such damages.

• (1) The Company may after giving a prior notice modify, suspend, discontinue or terminate all or any part of the Test.
• (2) Notwithstanding the preceding paragraph, the Company may modify, suspend or discontinue the Test without prior notice if it is unavoidable to do so for an emergent reason.
• (3) The Company shall not be liable for any damages incurred by the Tester or any third party as a result of any act taken by the Company under this Article 12.

The Tester shall not assign to or have succeeded by any third party all or any part of its rights and obligations relating to the Test and these Terms of Use without the express consent of the Company.

The Test and these Terms of Use shall be governed by the laws of Japan.

In the event that any conflict arises between the Tester and the Company in relation to the Test, the parties hereto shall endeavor to resolve such conflict through good faith discussion. If the parties are unable to reach an agreement through discussion and either party files a lawsuit, the parties agree to the exclusive jurisdiction of the Tokyo District Court for the first instance of such lawsuit.

Notices to be given by the Company to the Tester may be given in the website of the Test, and any notice so given shall be deemed to have been delivered to the Tester when it becomes accessible.

If any provision of these Terms of Use is held invalid for any reason, such invalidity shall not affect the validity of the remaining provisions of these Terms of Use.

The Company may modify these Terms of Use without the consent of the Tester. Any modification to these Terms of Use shall be notified to the Tester in the manner provided in Article 16, and shall become effective and applicable to the Tester upon such notice.