1. Welcome

Welcome to the ATLUSONLINE.COM website (the “Website”) operated by Index Digital Media, Inc. (“IDM”). The Website is a portal to games and other content offered by Atlus. By using the Website, you agree to be bound by this Terms of Service Agreement (this "TOS" or "Agreement").

In addition, if you decide to become an Atlus Online member ("Member") and take advantage of the content and services only available to Members (the "Service"), you must read this TOS and indicate your acceptance of these terms by registering for an Atlus Online account ("Account") and by clicking on the box labeled "I agree to Atlus Online's Terms of Service for the ATLUSONLINE.COM Website and the Service provided thereon." If you have any questions regarding the terms and conditions in this TOS, please contact customer service under the support section of the Website.

This Agreement sets out the legally binding terms of your use of the Website (whether or not you become a Member) and your membership in the Service, if any, and may be modified by IDM at any time without prior notice. You should therefore review this Agreement from time to time to familiarize yourself with any modifications. All such modifications will be effective upon posting on the Website, and any use by you of the Website or the Service (whether or not you are an Account Holder) after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made a part of this Agreement. Links to copies of IDM's policies and notices can be found on the Website or on www.atlus.com.

2. Eligibility

Accounts are available only to:
1) persons of legal age to form a bindingcontract that are not barred from receiving services under the laws of the United States or other applicable jurisdictions, or
2) to the minor children over the age of 13 of the persons described in clause 1) above, in their discretion. If you are a minor over the age of 13, your parent or guardian must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. Under no circumstances will the Service offered through this Website be available to minors under the age of 13. By registering an account, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and are either accepting this Agreement on your behalf of on behalf of your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child over the age of 13 to use the Account instead of you (in which case you may not use that Account). If you do not meet the minimum age requirement for the game title or service you are trying to play/view, your account will not be allowed access. You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to obtain Accounts.

3. Registration and Membership
To obtain an Account, you will be required to choose a user name which must comply with the naming conventions listed below. You are encouraged to use a pseudonym or gibberish, especially if you are a minor. User names shall not: (1) contain names that are associated with IDM, its affiliates or employees; (2) contain swear words or derogatory remarks in any language; (3) infringe on the rights of or defame any living or dead person or entity; (4) contain names of celebrities or media personalities; (5) violate any third party’s trademarks, publicity rights or other proprietary rights; (6) be associated with any religion, religious practice or deity; (7) be related to alcohol, illegal substances, sex or any criminal activity; (8) be a partial or complete sentence; (9) contain leetspeak or dudespeak; or (10) utilize a misspelling or other tool or method to circumvent the naming restrictions herein. Upon registration for an Account, you must select a password. You are responsible for the security of your password and should not disclose your password to any third party. IDM never asks you for your password by telephone, live-chat or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account. IDM is not responsible for any transactions reflected in your Account resulting from your sharing your password or granting any third party access to your account. You are also required to provide complete and accurate data which may include, without limitation, your name, address, telephone number, billing address, e-mail address and date of birth. If you provide inaccurate information, your Account may be suspended or terminated. If you believe that your password or other account information has been compromised, please contact our customer service department.


4. Termination or Suspension of Account
IDM MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Service or the EULA.


5. Grant of Limited License to Use the Website and Service
Subject to your agreement to and continuing compliance with this Agreement, you may use the Website and the Service solely for your own non-commercial entertainment purposes. You may not use the Service for any other purpose.


6. Additional License Limitations
The license granted to you in Section 5 is subject to the limitations set forth in Sections 5 and 6 (collectively, the "License Limitations"). Any use of the Service or the Website in violation of the License Limitations will be regarded as an infringement of IDM’s copyrights in and to the Website. You agree that you will not, under any circumstances: A. modify or cause to be modified any files that are a part of the Website or the Service in any way not expressly authorized by IDM; B. modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, IDM, or any other IDM service; C. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of IDM; D. host, provide or develop matchmaking services for the Website or the Service, or intercept, emulate or redirect the communication protocols used by IDM in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; E. (i) modify or cause to be modified any files that are a part of the Service; (ii) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the Service; or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Service or related software; F. facilitate, create or maintain any unauthorized connection to the Website or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by IDM; or G. disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other user’s use of the Service. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Service or the Website; H. upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages; or I. transmit any worms or viruses or any code of a destructive nature.


7. Additional Conditions of Use of Service
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. You understand that IDM may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We may, but have no obligation to, remove User Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any IDM customer, employee, member, or officer will result in immediate Account termination. You understand that the technical processing and transmission of the Service, including your User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Producer's Utopia) of other Producer's Utopia customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. IDM does not warrant that (i) the Service will be uninterrupted, timely, secure, or error-free, (ii) the quality of the Service will meet your expectations, and (iii) any errors in the Service will be corrected. The failure of IDM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.


8. Ownership
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF IDM. All content on the Website and available through the Service, including designs, text, graphics, pictures, video, information, applications, titles, computer code, applications, software, audio visual display, artwork, graphics, copyrights, trademarks, logos, moral rights, text elements, any related documentation, software, music, sound and other files, including their selection and arrangement on the Website (the "Site Content") are the property of IDM or its licensors with all rights reserved. Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without IDM’s prior written permission, except that the foregoing does not apply to your own “User Content” (as defined below) that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial entertainment use, provided that you keep all copyright or other proprietary notices intact. Any other use of the Site Content is strictly prohibited. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of IDM, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.


9. User Content
Some of the Services offered through the Website will allow you to submit photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Website (collectively the "User Content"), or transmit the User Content to or share the User Content with other users. You agree that you will not post any User Content that you do no own or otherwise have permission to post. Further your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. At our sole discretion, we may take any action with respect to your User Content, including actions to censor your User Content, if we deem such content offensive, including without limitation, content that we determine, at our sole discretion, to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit or racially, ethnically or otherwise objectionable, or if we believe such Content may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You acknowledge and agree that you shall not (1) disrupt the natural flow of User Content provided by other users through the use of spamming, scrolling or other disruptive devices, (2) advertise goods or services existing outside of the service provided herein, (3) harass any other user by repeatedly sending unsolicited User Content, (4) divulge any other user's personal information, (5) use any automated device or software that allows unattended communication, (6) cause distress or discomfort or impede the enjoyment of any other user through any use of any chat interface, and (7) use any part of the Website or Service to defraud any other user of items, monetary devices, user names or passwords, or to engage in any illegal activity. When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to IDM an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The rights granted under this section with respect to your personal information are limited to displaying your personal information as you have voluntarily entered it on a public forum. This information will not be otherwise used, sold or displayed. You acknowledge that you can prevent IDM from sharing any personal data as part of your User Content by not including any personal data in the User Content and further that IDM does not require or encourage the posting of personal data as part of User Content. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. IDM does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.


10. The Website as a Portal
The Website and the Service act as a portal to other websites hosted or owned by IDM ("Portal Websites"). Each Portal Website may include additional terms of use, by which you agree to be bound upon accessing the Portal Website. By accessing a Portal Website through the Website or your Account, you agree to be bound by this Agreement as if fully incorporated in the Portal Website to the extent that these terms are not inconsistent or different that the terms explicitly set forth within the Portal Website. As part of the Services offered with an Account, you have the ability to create and store account and sign-in information for the various games offered by IDM. Each game offered by IDM requires a separate registration. By accessing the registration of a game through your Account, you agree to be bound by the end user license agreement ("EULA") and terms of use associated with that game, as if fully set forth herein. The EULA and terms of use can be found at the corresponding Portal Website for each game hosted or owned by IDM.


11. Third Party Websites and Content
In addition to connecting to other websites hosted by IDM, the Website contains links (or you may be sent through one of the sites or the Service) to other web sites owned by third parties ("Third Party Sites") or to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by IDM, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the Website.


12. Pay Features
IDM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Website or the Service itself. All fees charged for use of the Service are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties if applicable. IDM shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. You will not be entitled to any refund if your account is suspended or terminated due to your violation of the terms of this Agreement.


13. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.


14. Information Disclosure
Your privacy is very important to us. IDM has adopted a comprehensive privacy policy which can be accessed at https://secure.marvelous-usa.com/privacy.html. While we take every effort to protect your privacy, we cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or law enforcement authorities under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, if we believe it necessary or appropriate to investigate possible problems or inquires we may disclose any information about you including personal information (such as your screen name, actual name, address information, etc.) to law enforcement or other government officials. In order to ensure that we provide that best service to all users, we may also monitor your Account, User Content and other related communications. In order to provide the best service to you, we may communicate with you via telephone, email and any similar technology for any purpose relating to the Website, Service or your Account and any services or software which may in the future be provided by us or on our behalf. Your use of the Website and your membership in the Service, if any, constitutes your express consent to this section of the Agreement.


15. Disclaimers
THE WEBSITE, THE ACCOUNT, THE SERVICE AND ALL OTHER RELATED SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Website, the Service, your Account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Website and the Service in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.


16. Liability
NEITHER IDM NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES, NOR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES; (B) THE LOSS OR DAMAGE TO USER CONTENT UPLOADED TO THE WEBSITE; (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE, (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, (E) UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR TRANSMISSIONS, DATA OR USER CONTENT, (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (G) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL IDM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF WE AND OUR RESPECTIVE PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF IDM AND ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IS LIMITED TO US$100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST IDM AND ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE IDM FROM SEEKING ANY INJUNCTIVE RELIEF. You shall comply with all applicable laws regarding your use of and access to your Account, the Service and the Website.


17. Force Majeure
IDM shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of IDM, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond IDM’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


18. Indemnity
You agree to indemnify and hold IDM, its parent, subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you upload to the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.


19. Termination
In addition to the provisions of Section 4 above, we may terminate this Agreement (including your Account and right to use the Website) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; or (iv) if you engage in behavior which we, at our sole discretion, determine is inappropriate, offensive and/or infringes upon the use and enjoyment of third-parties of the any of IDM’s services. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Website or Service, in which case we may provide you with a prorated refund of any prepaid amounts. This Agreement may also be terminated in the event that you violate any provision of the EULA and terms of use associated with any IDM game linked to your Account. Upon termination of this Agreement and/or your Account, IDM may terminate your right to use any of its games associated with this Account and any agreement entered into with respect to those games, including the right to redeem any currency associated with IDM.


20. Resolution of Disputes
In order to expedite and control the cost of disputes, you and IDM agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:

A. Informal Resolution.
You and IDM agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. IDM will send its notice to your billing address, with a copy via email to your email address.

You will send your notice to:
Atlus U.S.A, Inc.
Attn: Legal Department.
5405 Alton Parkway, Suite A216
Irvine, CA 92604

B. Formal Resolution - US and International Residents
1. Agreement to Arbitrate. If we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in Orange County, California unless you and IDM both agree to another location. Forms and other information on filing such a Claim can be found at www.jamsadr.com. BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

2. Special Rules. You and IDM agree that the type of arbitration in which we both agree to participate is between IDM and you as an individual. YOU AND IDM AGREE THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.

a. Formal Resolution - Jurisdiction and Choice of Law Both parties submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the County of Orange, State of California. The parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this agreement.
b. Severability In the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in full force and effect. In particular in regard to our agreement to arbitrate, you and IDM agree that if that clause is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and - in that event -- you and IDM agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California. You and IDM also agree that if the arbitration clause is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of any other clause -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California and you agree to submit to personal jurisdiction in California.


21. Digital Millennium Copyright Act

Notice: If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. IDM’s designated Copyright Agent to receive notifications of claimed infringement is:

IDM Attn: Copyright Agent
5405 Alton Parkway, Suite A216
Irvine, CA 92604

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 4. Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Atlus Online may be found, and that you will accept service of process from the person who provided notification.
If a counter-notice is received by the Copyright Agent, IDM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at IDM’s sole discretion.


22. Billing
All sales are final. The prices, parameters, durations, availability, and usability of all goods and services for purchase on the Atlus Online Portal or any game published by Atlus Online are subject to change without prior notice or warning. No refunds will be granted for the purchase of Atlus Crowns, in-game goods, game subscriptions or Premium Packages, or any other virtual goods or services for sale or use on the Atlus Online Portal or any game published by Atlus Online. Any users choosing to cease their participation in Atlus Online's websites, games, or services or any users whose accounts are terminated or banned for any duration of time due to conduct or actions deemed inappropriate by Atlus Online's policies or the discretion of its managers shall (1) in no event be entitled to a refund for any goods or services purchased on that account, (2) in no event be entitled to the opportunity to trade the rights to those goods or services to other characters, users, or accounts, and (3) in no event be exempt from any fees or debts incurred previously or which may be incurred in the future as a result of past actions or purchases made during their membership with Atlus Online. All billing inquiries must be submitted in the form of a Support Ticket on www.marvelous-usa.com. All billing inquiries will be addressed and responded to within 2 to 3 business days; defined as Monday-Friday 9 am to 6 pm.


23. Miscellaneous
Parental Control Protection

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about other protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites providing information on such protections.

Governing Law

This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. 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. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.

Entire Agreement

This TOS and the assorted policies referenced herein constitute the entire agreement between you and IDM with respect to your use of the Website and the Service, superseding any prior agreements between you and IDM with respect to the Website and the Service.

Waiver and Severability of Terms

The failure of IDM to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

No Right of Survivorship and Non-Transferability

You agree that your Account is non-transferable and any rights to your Account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this TOS are for convenience only and have no legal or contractual effect. All services hereunder are offered by Index Digital Media, Inc. located at 6400 Oak Canyon Dr. Suite 100 Irvine CA 92618. Our phone number is (949) 788-0455.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE THAT MY USE OF THE WEBSITE AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.