Disclaimer (English): In the event of discrepancy, the English language of the Terms shall take precedence with the exception of users residing in Japan, where the Japanese version shall take precedence. Scroll down to view the English Terms of Service.

CYBERSTEP COMMUNICATIONS, INC.
TOREBA TERMS OF SERVICE

Last updated: June 2, 2020

SUMMARY

This summary is provided only for convenience. Please review the Terms of Service below in their entirety for important information and legal conditions that apply to your use of the “Toreba” crane game and prize fulfillment (the “Service”).

• The Terms of Service below are a legal agreement between you and CyberStep Communications, Inc. (“CyberStep,” “we” or “us”) that governs whether and how you and other “Users” may use the Service. Use of the Service is also subject to our Privacy Policy.
• We may change these Terms of Service at any time, but we will always notify you of any material changes before they take effect.
• You may not use the Service if you are under age 13. If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian. You may only use the Service for personal use.
• You may not post any inappropriate content in or through the Service, or any content that you do not have legal rights to.
• We may discontinue or change the Service, including any features of the Service, at any time without notice or liability to you.
• Our liability to you relating to the Service is limited. You agree that any disputes will be subject to binding, individual arbitration, to be held in San Francisco, California, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

TERMS OF SERVICE

These Toreba Terms of Service are a contract between you and CyberStep with respect to your use of the Service. These Terms of Service include and incorporate CyberStep’s Privacy Policy.

The Service includes on online interface through which Users control an actual crane or “claw” machine located in Japan or another location and may win prizes through successful manipulation of the crane to pick up “Prizes” in the machine. The Service provides for the shipment of Prizes to Users’ physical addresses. Fees may apply, as specified in the Service.

You acknowledge that these Terms of Use are solely between you and CyberStep, and not with the mobile application store from which you downloaded the Service (for example, Apple Inc. or Google Inc.), and that CyberStep is solely responsible for the Service and the content thereof, except as otherwise provided in these Terms of Service. If you have an Apple device and these Terms of Service are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.

Your Agreement to these Terms of Service and Future Changes

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (B) YOU ARE AGE 13 OR OLDER, AND (C) IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE SERVICE. THE SERVICE IS NOT TO BE ACCESSED WHERE PROHIBITED.

We may modify these Terms of Service, at our sole discretion, without your consent, effective immediately upon posting of the revised Terms of Service, and you agree to and accept this condition. Material changes to this these Terms of Service will be announced by posting them on or within the Service, or in the Apple App Store, Google Play and other mobile application download platforms where the Service is available. You are responsible for checking these Terms of Service each time before using the Service. Continued use of the Service following the posting of changes will mean that you accept and agree to the updated Terms of Service.

If you have an Apple device and these Terms of Service are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern to the extent of such discrepancies.

We reserve all rights in and to the Service not expressly granted to you under these Terms of Service.

Use of the Service

CyberStep grants permission to you to use the Service subject to your agreement and compliance at all times with these Terms of Service, including your agreement not to engage in any of the following conduct through the Service:

• Alteration or modification of any part of the Service;
• Rental, lease, lending, sale, transfer, redistribution or sublicense of the Service or any content on the Service or any part thereof;
• Use of the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation (whether occurring within or outside of the Service);
• Interference with or disruption of the Service, or circumvention of any security feature of the Service;
• Use of the Service to violate the law;
• Defaming, stalking, bullying, harassing, threatening or intimidating any person or to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
• Impersonation of any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
• Creation of a CyberStep account by automated means or false pretenses, or accessing of the Service by automated means such as crawling, scraping or caching (provided that operators of public search engines may copy materials from the Service for the sole purpose and solely to the extent necessary to create publicly available searchable indexes, subject to our right to revoke such consent at its discretion at any time).

Registration, Password; Credit Card

When you register for a CyberStep account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Service, you should update your profile to reflect the changes.

You may also be required to provide valid credit card information to register for a CyberStep account or to continue using the Service. Charges that you incur through the Service will be billed to that credit card. It is your responsibility to keep your credit card information updated.

In order to register a credit card or make payments for the Service, you may be required to agree to the Terms of Service and Privacy Policy of the third-party payment processor used by the Service. Your submission of payments will be governed by the payment processor’s Terms of Service and Privacy Policy. We have no responsibility or liability for any matter relating to the third-party payment processor.

You may only have one account for the Service. If you have more than one account, all of your accounts may be cancelled without notice, and any prizes being processed for any account may be cancelled.

Account Termination

CyberStep will terminate a User’s account if a User is found to be a repeat infringer of copyright.
CyberStep reserves the right to terminate User accounts at any time for any other reason in our sole discretion.

If your account with the Service is terminated you may, as the result of termination, lose all information and data associated with the account, including Toreba Points, any other virtual currency and virtual goods. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or CyberStep. CyberStep reserves the right to refuse to keep accounts for or provide access to the Service to anyone.

Minor Users

CyberStep relies upon parents and guardians to determine if the Service is appropriate for the viewing, access or purchases by persons under the age of 18.

We do not intend the Service to be viewed or used by children under the age of 13. By using the Service, you represent and warrant that you are age 13 or older.

You agree to monitor use of your account by persons between the ages of 13 and 18, and you will deny access to children under the age of 13. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.

Compliance with Laws

Various laws and regulations apply to sweepstakes and contests with prizes and entry fees, such as the Service (“Gaming Laws”). Gaming Laws may exist at the federal or national, state or provincial and local levels. The Service may be considered to violate the Gaming Laws of some jurisdictions, including certain US states (“Prohibited Jurisdictions”). WE DO NOT INTEND TO OFFER THE SERVICE IN PROHIBITED JURISDICTIONS. IF YOU ARE LOCATED IN A PROHIBITED JURISDICTION, YOU MAY NOT USE THE SERVICE, EVEN IF IT IS ACCESSIBLE ON YOUR DEVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LEGAL CONSEQUENCES OF USING THE SERVICE IN A PROHIBITED JURISDICTION.

It appears that US states that are Prohibited Jurisdictions as of the “Last Updated” date of these Terms of Service are: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Michigan, Mississippi, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Vermont.
It is your responsibility to determine whether the state, country, territory or other jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any location that we believe is a Prohibited Jurisdiction.

WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATION OR WARRANTY. THE SERVICE IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. Your use of the Service is at your own risk, and you agree not to hold us responsible or liable if applicable laws restrict or prohibit your access or participation.

Third-Party Services

The Service may contain links, login interfaces and other connections to third-party websites and applications, including Facebook. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The end-user license agreement, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service. If you have any questions, concerns or complaints about a third-party service, please contact the support or contact personnel of that third-party service.

We may allow you to log in to the Service using third-party services such as Facebook. By logging in using a third-party service or otherwise using third-party services you permit CyberStep and our affiliates to access information related to your account with that third-party service (including profile information, friends and privacy settings), and the third-party service may be able to access information concerning your actions in the Service.

Intellectual Property

Other than User Content (as defined below), the content on the Service, including without limitation text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights is owned by CyberStep or our licensors and protected by applicable copyright and trademark laws. The Service may include registered and unregistered trademarks owned by or licensed to CyberStep, which may not be copied, imitated or used, without the prior written permission of CyberStep.

Charges

If there are charges associated with the Service, you agree to pay the charges. You agree that we may bill the credit card you have registered with the Service, or bill your account with Apple App Store, Google Play or other app platform, for any and all charges you incur through the Service.

If the Service is free, there may still be charges for additional content within the Service, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your device's settings.

The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download the Service (or after you make a purchase through the Service). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device.

Prices for the Service exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Service even if the Service itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Service.

We may suspend or terminate your account and/or payment functionality, and suspend or cancel any pending Prize shipments, if there is a chargeback from your credit card company, or if your credit card company notifies us of actual or suspected fraud on your credit card account.

Any amounts paid for the Service or virtual currency or virtual goods are non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms of Use. If we determine that Toreba Points or other virtual currency or virtual goods have not been properly credited to your account, or have been lost due to an error in the System, we will credit the Toreba Points or other virtual currency or virtual goods to your account in the System. No refunds will be given.

If you are a resident of the European Union, you consent that we may make available to you the Service and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of the Service or such virtual currency or virtual goods.

Your Posting of User Content

“User Content” means content that Users have created and posted to the Service. You represent and warrant that you own any User Content you post to the Service or that you have the legal right to post the User Content. You are solely responsible for your User Content. You agree that CyberStep is not and cannot be responsible for any User Content. CyberStep will have no liability to you with respect to the actions of any other User.

CyberStep does not receive any ownership interest or license in your User Content except the limited non-exclusive, royalty-free, transferable, sublicensable worldwide license to display, exhibit and perform the User Content through the Service. You may revoke this license at any time by removing your User Content from the Service or terminating your account with the Service, but acknowledge that CyberStep may retain (but not display or exhibit or otherwise use) server and backup copies of User Content that you have posted.

We may, but have no obligation to, monitor, edit, block or remove User Content that we determine in our sole discretion violates these Terms of Service, and may edit, block or remove User Content at any time for any reason in our sole discretion.

Videos showing operation of crane machines are the sole property of CyberStep. Your operation of the crane does not result in any ownership rights in such videos.

Youtube Content

You may also use the Service to upload videos from within the Service to YouTube. If you access services or content provided by YouTube through the Service, you also agree to YouTube Terms of Service which can be found at https://www.youtube.com/t/terms.

Copyright Claims

We have no obligation to accept, refuse, display, monitor, maintain, censor, edit, verify, correct or remove User Content, although we reserve the right to do so in our sole discretion from time to time without notice for any reason. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any User Content. However, if you believe that any User Content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located;
• Your address (including country), telephone number and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.

The notice should be sent to agent@gammalaw.com or, if by physical mail, to:

• David Hoppe
• PO Box 136
• San Francisco, CA 94104-0136
• USA

Upon receiving a request conforming with these requirements, CyberStep will endeavor to remove the User Content in accordance with the United States Digital Millennium Copyright Act.
Please note that User Content may be restored to the Service in CyberStep’s sole discretion following receipt of a counter-notification under the conditions set forth in such Act.

Prizes and Fulfillment

CyberStep makes no representation or warranty regarding any Prizes you may win and has no responsibility for Prizes except to arrange for the shipment as provided below. CyberStep is not a seller of the Prizes and will have no liability with respect to the Prizes, including under any theory of product liability. In the event of any defect in a Prize, your sole recourse will be to make a claim against the manufacturer of the Prize.

Subject to your payment of any required shipping and handling fees, CyberStep will ship Prizes to the address specified by you, within the region(s) specified in the Service. Upon delivery of the Prize to the shipping service, CyberStep will have no further responsibility for the Prize. Your recourse for any damage in shipping will be limited to a claim against the shipping service. No shipping insurance will be provided. You will be responsible for any customs duties or procedures that may apply in your country. You will be responsible for any use tax, sales tax, value-added tax or other taxes that may apply.

If a Prize shipment is returned to us as undeliverable, we may (but are not obligated to) contact you to try to arrange for reshipment. If we do contact you and you don’t respond promptly, the Prize will be forfeited.

For fraud prevention purposes we may require first-time users and certain other users to provide a valid credit card for identity verification purposes within a certain time after winning a prize.
Users who fail to follow these or other procedures announced by CyberStep will forfeit any prize they may have won. CREDIT CARD INFORMATION THAT YOU PROVIDE FOR VERIFICATION PURPOSES WILL BE TRANSFERRED TO A THIRD-PARTY PAYMENT GATEWAY AND WILL NOT BE RETAINED BY CYBERSTEP. CyberStep will only retain “token” or “hash value” information regarding the credit card, which may not be used to identify you, extract personal or credit card information or (by itself) process any payment.

If you do not request shipment of any Prizes within a certain period time (notified in the Service) and provide a shipping address, you will forfeit any right to the Prizes, and CyberStep will not ship them to you.

Virtual Currency, Including Toreba Points, and Virtual Goods

The Service may include “virtual currency,” consisting of “Toreba Points,” coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for actual (“real-world”) currency, subject to applicable law. The Service may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for actual currency, or for virtual currency, subject to applicable law.

We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us.

Toreba Points or other virtual currencies may expire after a certain period of time, as we may provide in the Service.

You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to CyberStep, any other user of the Service or any other party.

You agree that in the event that these Terms of Service, your account or the Service is terminated for any reason, which may include without limitation our discontinuation for any reason of the applicable portion of the Service, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture. In addition, if you have not used your virtual currency for twenty four (24) months or more and your account has a virtual currency balance, your virtual currency may expire and your account may be cancelled for non-use.

Use of the term “purchase” in these Terms of Use does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.

Changes, Suspension or Termination of the Service

We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance.

You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service, or use any Toreba Points or other virtual currency or virtual property. This may occur, for example, when we are conducting regular or emergency maintenance on the Service.

The license is effective until terminated by you or CyberStep. Your rights under these Terms of Service will terminate automatically without notice from CyberStep if you violate any terms listed in these Terms of Service regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Service and delete all copies of the Service.

You may, as the result of termination, lose your Service account and all information and data associated with it, including virtual currency and virtual goods. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or CyberStep. CyberStep reserves the right to refuse to keep accounts for or provide access to the Service to anyone.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND PRIZES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CYBERSTEP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND PRIZES AND THE CONTENT ON THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. CYBERSTEP MAKES NO WARRANTY THAT THE SERVICE, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CYBERSTEP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE CONTENT ON THE SERVICE OR FUNCTIONS CONTAINED IN OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE OR PRIZES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERSTEP OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD ANY PART OF THE SERVICE OR A PRIZE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. CYBERSTEP DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY USER CONTENT OR (ii) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CYBERSTEP OR ITS AFFILIATES OR THE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF EACH (THE “CYBERSTEP PARTIES”) BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES) DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) ANY CONTENT ON THE SERVICE; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR PRIZES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CYBERSTEP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY SECURITY BREACH OR VIRUS, EVEN IF FORESEEABLE OR EVEN IF THE CYBERSTEP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. IN NO EVENT WILL THE CYBERSTEP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CYBERSTEP PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT CYBERSTEP SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CYBERSTEP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CYBERSTEP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CYBERSTEP PARTIES.

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

In the event of any failure of the Service to conform to any applicable warranty on a device provided by Apple, you may notify Apple for a refund of the purchase price for the Service, if any.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

Indemnification

To the extent permitted by law, you are responsible for damages incurred by the CyberStep Parties as a result of your use of the Service and agree to defend, indemnify and hold harmless the CyberStep Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (i) your use of the Service, (ii) any breach of these Terms of Service, the Privacy Policy or any other policies posted in the Service from time to time and (iii) any claim that your User Content caused damage to any third party. This provision will survive these Terms of Service and your use of the Service.

Third-Party Beneficiary

You acknowledge and agree that the providers of devices, including Apple and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, the providers of devices, including Apple, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

You acknowledge that, in the event of any user or third-party claim relating to the Service or your possession and use of the Service, including, but not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation; and (c) claims of infringement of a third party’s intellectual property rights, none of Apple or any other device provider or Android has any responsibility for the investigation, defense, settlement and discharge of any such claim.

No Support

You agree that neither we nor the provider of your device or app download platform (for example, Apple and Android) have any obligation to provide support relating to the Service. If we do provide support, we may discontinue it at any time.

Unsolicited Materials, Ideas

CyberStep does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas that may be sent to us. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that CyberStep is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any obligation, liability or payment of any kind to you.

Communications

You agree that CyberStep may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.

Any questions relating to the Service should be sent to contact@cyberstep.com or, if by physical mail, to:

• CyberStep Communications, Inc.
• 777 N. First Street, Suite 440
• San Jose, California 95112
• USA

Disputes

As used in these Terms of Service , “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and CyberStep concerning the Service, Prizes and your or CyberStep’s obligations and performance under these Terms of Service or with respect to the Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the operator of the storefront from which you downloaded the Service, including Apple, Google and Amazon, is not responsible for addressing any Disputes.

YOU AND CYBERSTEP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

All services hereunder are offered by CyberStep Communications, Inc., a Delaware corporation. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834.

Negotiation and Arbitration

Any Dispute arising under or relating to these Terms of Service, use of the Service, Prizes or your relationship with CyberStep shall be finally settled by binding arbitration between you and CyberStep. You and CyberStep agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and CyberStep otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which you or CyberStep provides written notice of the Dispute. You and CyberStep agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negotiation is not effective, arbitration shall be conducted as follows:

• Outside United States. If you reside outside the United States, the arbitration will be held under the UNCITRAL Arbitration Rules and conducted in Tokyo, Japan by the Japan Commercial Arbitration Association before a single arbitrator. However, if the amount in dispute is US$25,000 or less, any arbitration hearing will be held by telephone unless the arbitrator finds good cause to hold an in-person hearing instead.
  
  
• United States Residents: If you reside in the United States, the arbitration will be held under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”) (provided that if you are a business or the amount in dispute is more than US$75,000, the Commercial Arbitration Rules will apply) and conducted in San Francisco, California by the AAA before a single arbitrator. However, if the amount in dispute is US$25,000 or less, any arbitration hearing will be held by telephone unless the arbitrator finds good cause to hold an in-person hearing instead.
  
  
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.

Neither you nor CyberStep will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. If the prohibition against class actions above is found to be unenforceable, then all of the preceding language in this Negotiation and Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with CyberStep.

Governing Law

By using the Service, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and CyberStep. Notwithstanding the foregoing, the arbitration clause set forth above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

ALL USE OF THE SERVICE, MATTERS RELATING TO PRIZES, SUBMISSIONS OF USER CONTENT, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SERVICE AND TRANSACTIONS CONCLUDED THROUGH THE SERVICE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF CALIFORNIA, USA.

Severability

If any of the terms or conditions of these Terms of Service shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of this these Terms of Service.

Delay in Enforcement

No delay or failure to take action under this these Terms of Service shall constitute any waiver by us of any provision of these Terms of Service.

US Government Users

The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Complete Agreement

These Terms of Service, the Privacy Policy and any other policies posted in the Service from time to time, constitute the complete agreement between you and CyberStep with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and CyberStep.