Terms of service

These RPG MAKER Official Store Terms of Service (these “Terms”) set forth the conditions that apply when you use RPG Maker Official Store (the “Store”) operated by Gotcha Gotcha Games Inc. (“we,” “our,” or “us”).
Before using the Store, you must read and accept these Terms, and you acknowledge that you have read and understand our Privacy Policy. If you do not agree to these Terms, please discontinue use of the Store.

 

Account

Some features of the Store may require you to register an account with us (“Your Account”). You are responsible for maintaining the security of Your Account and for all activity that occurs on Your Account.

When registering Your Account, you agree to the following:

  • (i) you will not use a username or email address that impersonates or personally identifies another person or entity;

  • (ii) you will provide and maintain accurate information;

  • (iii) you will not sell Your Account to a third party; and

  • (iv) you will not let any other person use Your Account.

If you have registered Your Account and wish to terminate it, please contact our customer support center. Upon termination of Your Account for any reason, we reserves the right to delete Your Account permanently.
If we believe Your Account has been compromised, we may take necessary actions to protect you and us. Such actions may include resetting Your Account passwords and/or canceling, suspending, or restricting Your Account activities or access.

We reserve the right to terminate Your Account if:

  • (i) we determine you violate these Terms;

  • (ii) we close the Store; or

  • (iii) for any other reason in our sole discretion.

 

Use of the Store by Children

The Store is not directed to children under the age of thirteen (13). Children over the age of thirteen (13) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Store.

 

Product Information and Availability

Product Information.
We try to be accurate in the descriptions and depictions of the products available for purchase through the Store, however, there may be errors in the information and pictures displayed to you. Actual product packaging and materials may contain additional and different information than that displayed on the Store. All photographs, drawings, pictures, renderings, dimensions, specifications, performance data and other information on the Store are provided for general illustrative and informational purposes only and do not constitute a representation or warranty that the products will conform with the same. You should not rely solely on the information presented on the Store. There is no warranty or guarantee that the colors, quality, product descriptions, or other content on the Store is accurate, complete, reliable, current, or error-free.

Stock Availability.
While we make effort to confirm products appearing on the Store are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. The products on the Store are subject to availability, do not constitute an offer by us, and may be removed or revised by us at any time before we accept your order. If a product is or becomes out of stock, we may cancel or reject your order without liability, and we will also refund any payment that you previously made for that canceled or rejected order, including any shipping or handling charges. Given the popularity of some products, we reserve the right to limit the quantities of items that can be purchased.

 

Orders

Your Orders.
By clicking “Place Order”

  • (i) you or your parent or legal guardian agree to be bound by these Terms,

  • (ii) you represent that you have provided true and accurate information during the ordering process, and

  • (iii) you acknowledge that you have reviewed your order and authorize us or our agent/commissionaire to process your payment method and charge you for your order.

Your order request will be transmitted to us when you click “Place Order.” Your order is a binding offer by you to us to purchase the product(s) in the order at the price and delivery terms stated in the order, and such offer is subject to our acceptance.

Order Acceptance.
After you place an order, the Store will display a confirmation message and you will receive a confirmation email that we have received your offer to purchase; this is an acknowledgement of your order and not an acceptance by us. We only accept your offer, and conclude each contract of sale for the applicable product(s) in your order, when we have dispatched the product to you. We may cancel any pending orders for any reason and at any time before our acceptance if we have not yet shipped the product(s) to you. We may also require additional information from you before accepting your order. If we accept your order, we will email you a purchase confirmation notice providing relevant details on the purchase.

Order Cancellations.
Once you place an order, your orders cannot be canceled or changed. If we determine, or have reason to believe, that:

  • (i) you are unable to pay for your submitted orders;

  • (ii) you fail to pay any amount by the due date;

  • (iii) you breach these Terms;

  • (iv) you have engaged in any fraudulent or criminal activity in connection with your use of the Store; or

  • (v) you place a large number of orders using automated tools, or if we are unable to process payment to the payment method you provided,

then we may take any actions we deem necessary to prevent, respond to, or investigate any actual, attempted, or alleged delinquent, fraudulent, deceptive, or illegal activities.

 

Payment Terms

Pricing.
Prices and discounts available on the Store are subject to change at any time.

Charges.
By placing an order and making an offer to complete a transaction on the Store, you agree to pay for all charges for orders made by you or your children, and for orders made through Your Account. You may pay for an order using only the payment methods displayed on the Store at the time of purchase, and we may change the acceptable payment methods at any time at our sole discretion. You agree to provide accurate and complete payment information to us or our payment processor(s). You represent and warrant that you are the authorized user of the payment method you choose. You agree that you will not use IP proxying or other methods to disguise the place of your location, whether to circumvent geographical restrictions on digital content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may cancel your order, terminate access to Your Account, and/or take any other actions we deem necessary.

Shipping and Handling, Taxes, and Other Charges.
 Prices on the Store do not include shipping, and handling, expedited services, or sales taxes, if applicable, which will be added to your total price during the ordering process. You are responsible for paying any shipping and handling charges and any sales taxes or other charges displayed at the time you complete an order.

 

Delivery

Dispatch.
We will dispatch products without delay after confirmation of your order. For digital products, you will receive the purchase confirmation email with instruction on how to download the products and the product’s key and allowing you to unlock and download your digital product.

Delivery Address.
Orders may not be accepted for delivery to certain addresses and territories. If accepted, your order will be delivered to the valid address you provide during the ordering process. Please check the delivery address on any order acknowledgement or purchase confirmation we provide, and notify us of any errors as soon as possible. If you change your delivery address after you submit an order, we reserve the right to cancel your order and/or charge you for any extra costs.

Shipping.
We will ship products you purchase via the shipping method of our choice. We will send you a shipping confirmation email with order information and tracking details. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed.

 

Cancellation and Returns Policy

Incorrect Order or Faulty Products.
If you received the wrong product, a product not as described to you, or a product that is faulty or defective, you may reject the item by notifying the customer support center within fourteen (14) days of delivery of the product. The customer support team will respond to you with instructions on how to return your order and may ask for additional information. We reserve the right to verify and independently test any items returned as faulty. If we verify that the item returned is wrong or faulty, you may request an exchange or refund. We will only be able to process exchanges if the product is available in stock to replace the item. If we are unable to exchange an item, or refuse to repair or replace an item, we will issue a refund.

Non-Eligible Returns.
Except as otherwise required under applicable law, you will not be able to return any products that:

  • (i) were made to any specifications, instructions, or designs submitted by you or that have been personalized or customized for you; or

  • (ii) in the case of digital products, have already been redeemed, downloaded, or displayed a serial code, or you have immediate access to.

For bundled products, we do not accept returns or cancellations for individual items within the bundle; only the return or cancellation of the entire bundle will be accepted.

 

Software License

Limited License.
If a product is or includes software or other digital contents ("Software,”), the Software is licensed to you, not sold, under a limited, non-exclusive, cancellable, personal, and non-transferable license to install and use one copy of the Software per device on a worldwide basis for use by only one person at a time, in each case for your personal, non-commercial use only and subject to any other license agreement or terms included with such Software or presented during checkout or software installation process ("Additional License Terms.”). In case of a conflict between these Terms and any Additional License Terms, the provisions in the Additional License Terms shall prevail.

Scope of License.
The limited license to the Software

  • (i) does not give you any ownership of, or any other intellectual property interest in, any part of the Software, and

  • (ii) may be suspended or terminated for any reason, without advance notice or liability.

Your unauthorized use of the Software may violate copyright, trademark right, privacy, publicity and other rights, and any such use may result in your personal liability, including potential criminal liability.

 

Use Restrictions

In order to use the Store or the Software, you must not do any of the following:

  • (i) violate any applicable law or regulation;

  • (ii) use the Store or the Software for commercial or political purposes;

  • (iii) copy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the Store or the Software, including any server or network used to provide the Store or the Software;

  • (iv) access or attempt to access an account that does not belong to you;

  • (v) interfere with another user’s use of the Store or the Software;

  • (vi) cheat or create an unfair advantage in the Store or the Software or any other services of us;

  • (vii) create, develop, modify, distribute, use, promote, advertise, sell, commercialize, or otherwise exploit any unauthorized software, service, tool, or scheme to cheat or create an advantage in any offline, online, or multiplayer modes of the Store or the Software or any services of us;

  • (viii) interfere with any security feature of the Store or the Software;

  • (ix) use an unauthorized server to emulate or access the Store or the Software;

  • (x) intercept, mine, or collect information from the Store or the Software or their users without authorization;

  • (xi) violate the intellectual property rights or other rights of us or others; or

  • (xii) engage in conduct that we consider inappropriate.

We may immediately suspend or terminate your access to the Store or the Software if you violate any of these restrictions, or if you otherwise violate these Terms.

 

Disclaimer of Representations and Warranties

YOUR USE OF THE STORE OR THE SOFTWARE IS AT YOUR SOLE RISK. WE DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE STORE OR THE SOFTWARE, INCLUDING WHETHER THE STORE OR THE SOFTWARE: IS FREE FROM VIRUSES OR OTHER MALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR REQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT SERVICES OR PRODUCTS, OR USE THE STORE OR THE SOFTWARE IN A JURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE RIGHTS.

 

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“OUR PARTIES”) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE THE RESULT OF OR RELATED TO:

  • (I) YOUR USE OF OR INABILITY TO USE OF THE STORE OR THE SOFTWARE;

  • (II) GAMES, PRODUCTS, CONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS, FEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR MADE ACCESSIBLE THROUGH THE STORE;

  • (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY OUR PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE STORE OR THE SOFTWARE;

  • (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS;

  • (V) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE STORE OR THE SOFTWARE;

  • (VI) ANY DAMAGE TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER MALFUNCTION; or

  • (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE TERMS FOR ANY REASON EXCEPT FOR OUR LIABILITY ARISING FROM OUR PARTIES’ WILLFUL MISCONDUCT AND GROSS NEGLIGENCE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID US OVER THE PRECEDING TWELVE (12) MONTHS.

NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT OF A CONFLICT BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND THESE TERMS OF SERVICE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

 

Waiver of Injunctive and Other Equitable Relief

IF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY US.

 

OTHERS

Updates to Terms of Service.
We reserve the right to modify these Terms at any time, including by posting updated terms on the Store (subject to applicable law). You may be asked to affirmatively consent to updates to these Terms, and may be prevented from continuing to use the Store or the Software if you decline to accept such an update.

Exclusion of Anti-Social Forces.
You represent and warrant that you are not and you will not be an Anti-Social Force. You will not have any interaction or involvement with Anti-Social Forces, including cooperating with or being involved in the maintenance, operation or management of Anti-Social Forces by providing funds, etc. “Anti-Social Force” means organized crime groups, members of organized crime groups, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, corporate extortionist, and other groups or individuals who use violence, force, or fraudulent methods to pursue economic benefits.

Export Controls.
You will not export, re-export, or otherwise download or transfer our services to any country, jurisdiction, or person if doing so would violate the export control laws of the United States or another country. You are responsible for complying with all applicable trade regulations, laws, and export controls. Without limiting the foregoing, 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.

Severability.
If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable, then that provision will be deemed severable and its invalidity will not affect the validity or enforceability of the remainder of these Terms.

Interpretation.
To the extent permitted by applicable law, you waive any rights under applicable statutory or common law that may permit a contract to be construed against the drafter of these Terms. Wherever the word “including” is used in these Terms, it is deemed to mean “including, without limitation.”

Survival.
In the event these Terms are terminated then any terms that by their nature apply after such termination shall survive, including indemnities, releases, disclaimers, limitations of liability, and provisions regarding jurisdiction and governing law.

Cooperation with Law Enforcement.
Subject to applicable law, we reserve the right to involve and cooperate with law enforcement authorities in investigating any matters at any time without notice to you and with or without the receipt of a formal subpoena, search warrant, or other legal process. You acknowledge and agree that we may provide your electronic communications and data, including emails and chat logs, to such law enforcement authorities without any liability to you or any third party, unless prohibited by law.

No Waiver.
No failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Entire Agreement.
These Terms, together with our privacy policy, and any other terms of use relevant to your use of the Store and the Software, constitute the entire understanding and agreement between the parties with respect to your use of the Store or the Software and supersede any and all prior or contemporaneous oral or written communications.

Third-Party Rights.
Except as expressly indicated herein, these Terms are not intended to confer any rights or remedies on any person other than the parties to these Terms, except that any Our Party may enforce any right or remedy expressly conferred on such Our Party under these Terms.

Assignment.
We may assign its rights and obligations under these Terms, in whole or in part, to any person or entity at any time without notice to you. You may not assign these Terms without our prior written consent.

Governing Law; Jurisdiction.
These Terms shall be governed by the laws of Japan. Any disputes arising in connection with use of this website shall be subject to the jurisdiction of the Tokyo District Court as the exclusive first court of jurisdiction.

Language.
These Terms are made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.

 

Enacted: July 18, 2024
Revised: September 24, 2024