- “Delusional” or “we” or “us” or “our” means Central Information Systems Pty Ltd trading as Delusional.
- “Customer” or “you” means an individual person/user.
- “Application” Software and/or Service supplied by Central Information Systems Pty Ltd trading as Delusional.
- “Including” is not a word of limitation, and means without limitation.
- “Device” a piece of mechanical or electronic equipment used to run our Application.
- “Licence” means a non-exclusive, non-transferable, limited license, which solely applies to you, to install and use the Application on a single Device for a non-commercial purpose
- “CG” Computer Graphics images and/or illustration.
- “Intellectual Property Rights” means all information, programs and software, trademarks, trade names, or intellectual property rights (including all types of rights, including but not limited to patent rights, utility model rights, trademark rights, design rights, know-how, trade secrets and copyrights).
- “Customer ID” When a Customer registers an account with Delusional, a unique individual ID is created and saved for the purposes of keeping a record of game progression.
- “Prohibited Act” Acts deemed unlawful or illegal or a danger to Delusional, yourself, or other third party. Please read Article 4 Section 10 for further detailed list.
Article 1 Agreement for Use
To Customers under the Age of Fifteen (15):
- The Application is rated as MA 15+ classified material, contains strong content and is legally restricted to persons 15 years and over. It may contain classifiable elements such as sex scenes and drug use that are strong in impact.
- Delusional may restrict your use of the Application if you are under the age of fifteen (15).
The Application is merely licensed to you under a limited licence, not sold. The terms used herein may include terms defined in the Australian Copyright Act 1968 , the Trade Marks Act 1995, and any other applicable laws, unless otherwise defined herein. All information, programs and software, trademarks, trade names, or intellectual property rights (including all types of rights, including but not limited to patent rights, utility model rights, trademark rights, design rights, know-how, trade secrets and copyrights) (collectively, the "Intellectual Property Rights") relating to technology in connection therewith and any other rights including the right to use and power to control in connection therewith belong to Delusional. They do not belong to you.
All the stories in this Application are a work of fiction. Names, characters, places, organisations and incidents are either products of the creator’s imagination, or are used fictitiously. Any resemblance to actual events or locales or persons, living or dead, is entirely coincidental. It has no relations to real world organisation, and does not promote or endorse any particular ideology.
Delusional shall reserve the right to revise the terms of this Agreement at any time and for any reason without prior notification to the Customer. Changes to this Agreement shall become effective immediately upon the notification of said changes by Delusional within the Application If you use of our Application after changes to this Agreement, you will be deemed that you have consented to any and all of the updated terms.
Article 3 Commencement of Use
The effective term of the License granted to you shall start on the date that you install or use the Application, and shall end on the date that you stop using the Application, or the date Delusional terminates the License, whichever is earlier. Delusional reserves the right to delete any user data after three (3) years of inactivity. If you try to avoid the Application's technology protection measures, the License granted to you will be terminated immediately.
Article 4 Conditions for Providing the Service
- Limited License Conditions.
- Any commercial use of the Application is strictly prohibited.
- You may not copy, rent, lease, transfer, publicly transmit, distribute, or redistribute the downloaded Application.
- You may not transfer or sub-license the rights to use the Application to other users.
- If you sell your Device to a third party, you must remove the Application from the Device before doing so.
- You may not copy, reverse-engineer, disassemble, derive the source code, modify or create any derivative works of the Application.
- Any copying or distribution, publication or exploitation of the Application, or any content, software, code, data or materials on or from the Application and/or website, are strictly prohibited.
- All information, programs and software, trademarks, trade names, or intellectual property rights (including all types of rights, including but not limited to patent rights, utility model rights, trademark rights, design rights, know-how, trade secrets and copyrights) (collectively, the "Intellectual Property Rights") relating to technology in connection therewith and any other rights including the right to use and power to control in connection therewith belong to the Company or any third-party who grants the right to use to the Company. They do not belong to you.
Any attempt to breach these points is a violation of our rights. You may be subject to prosecution and be liable for damages.
Your right to use the Application is limited to the scope of the License granted above, and;
- You may not upload screenshots, computer graphics (hereafter known as “CG”), illustrations, music, and/or images of the Application online.
- You may not sell screenshots, CGs, illustrations, music, and/or images of the Application.
- You shall not remove, alter or make illegible any product identification, copyright or other intellectual property right disclosures (including, but not limited to, trademarks and logos) and any other legends made by Delusional in the Application.
- Selling of fanart and/or merchandise based on the Application is prohibited.
- You are also prohibited from making copies of the Application available on a network where it could be used by multiple users, unless specifically permitted by Delusional.
- You are prohibited from translating the Application to any language without permission from Delusional.
Any attempt to breach these points is a violation of our rights, and a breach of the Australian Copyright Act 1968, and/ or The Trade Marks Act 1995.You may be subject to prosecution and be liable for damages.
- Reservation of Rights
- Except for the rights specifically licensed or granted to you herein, Delusional shall reserve any and all rights, including all copyrights, trademarks, other intellectual property rights and publicity rights associated with the Application (including, but not limited to, all characters stories, images, photographs, animations, music and texts).
- Delusional reserves the right to terminate the Application, and to change the contents of the Application, if necessary, at its sole discretion.
- Delusional reserves the right to suspend the Application for system maintenance, etc. without any prior notice to the Customer.
- Delusional may place an advertisement in the Application (in application, in an e-mail magazine, etc.).
- Delusional may ask the Customer to fill out a questionnaire on the Application or a product survey, and the customer may choose whether or not to respond.
- Delusional reserves the right to delete any user data after three (3) years of inactivity.
The Application is intended solely for use within countries and territories which distribute the Application through App Store provided by Apple Inc. or Google Play provided by Google Inc or Windows Store provided by Microsoft.
- Your Contributions
- If expressly authorized in the Application, you may make contributions such as fanart, written stories, etc. (including, but not limited to, any and all ideas and creations; hereinafter the same) to the Application and related goods and services. However, if such contribution provided by you through the use of the Application gives rise to any copyright or other intellectual property rights (including the right to receive any intellectual property rights, hereinafter the same), you shall gratuitously grant all of the said rights of use to Delusional.
- You deem to have granted Delusional a non-exclusive right to use indefinitely, free of charge and throughout the world (including a right to make a copy, to make an automatic public transmission (or to make it transmittable), to adapt, to translate, or to sublicense) the information you upload to the Application (including posts on message boards or social media) in regards to Delusional (including but not limited to mobile site, PC site and all kinds of other medias operated by Delusional, including anything related to the Application).
- These rights include the rights to copy, adapt, modify, perform, display, publish, broadcast, record, videotape play, distribute, publicly transmit, or otherwise communicate your contributions to the public by any means, whether now known or unknown, and to distribute your contributions without any notice or compensation of any kind to you for the entire term of protection granted to Intellectual Property Rights by applicable laws and conventions. Even when such notice or compensation is required under law, you shall expressly waive your rights thereto.
- Your contributions offered through the Application shall be limited to those conceived, invented, devised or created solely by you, and if Delusional receives any claim or demand from any co-idea provider, co-inventor co-deviser or co-creator or any third party who has provided an idea for, invented, devised or created such contribution, in connection with the use of and licensing of such contributions to a third party, you shall release Delusional from liability and shall assume the responsibility to resolve such claim or demand at your expense and responsibility.
- You must provide, at your own expense, the equipment, Internet connections, Devices and/or service plans to access and use the Application.
- Delusional does not guarantee that the Application can be accessed from all available Devices or wired/wireless service plans or that there will be no suspension or defect with respect to any of the services provided by wired/wireless carriers.
- With respect to the charges that are applicable to you, please check with your wired/wireless carrier. All costs incurred when accessing the Application from your Device shall be borne by you.
- Payment Terms
- The Customer shall pay the price Delusional prescribed for the Application, by the payment method provided by Apple Inc. or Google Inc. or Microsoft.
- After confirming, and completing the procedures for the purchase of a piece of content, the Customer shall be obligated to pay the amount indicated on the page providing the details of the content.
- Any purchase transmitted through the Customer’s Device shall be deemed to be an legitimate purchase transmitted by the Customer.
- Payment obligations shall not be cancelled or waived even if an application has been transmitted as a result of an operational mistake by the Customer.
- The obligation to pay a subscription fee under a Service Contract concluded through the Customer’s mobile or tablet handset shall not be waived for any reason, including an inability of the Customer to use the Customer’s mobile or tablet handset.
- A Subscription fee already paid is not refundable under any circumstances.
- Delusional may amend the prices, subscription, and billing method of the Application anytime, and such amendments will take effect immediately.
- For a period which it determines to be a reasonable period of advance notice, Delusional will announce the amendment to the pricing and billing method in the Application. You agree to periodically confirm the payment method details in the Application in order for you to learn of any such amendments and the details thereof without delay. In addition, prices paid by you for the use of the Application, will all be paid in advance, and except where otherwise expressly agreed upon or informed by Delusional, or where the Application cannot be used due to willful conduct or gross negligence of Delusional, purchases may not be refunded whatsoever once paid.
- You shall pay all fees incurred in relation to the use of the Application (including fees not yet confirmed due to disputes), and shall not be entitled to reserve such payment for any reason whatsoever.
- Further, you shall expressly acknowledge that even if the Application may not be used due to the suspension of or a defect outside of Delusional control, such as with the telecommunication service and/or internet connection service used by you under contract or free of charge, the fees billed with respect to the use of the Application pursuant to the agreement with Delusional will not be refunded.
- Virtual Goods
- The Customer may only use virtual goods in the Application for content, provided that the goods are designated by Delusional.
- The Customer may use virtual goods in a manner specified by Delusional, and acquire the right to use content designated by Delusional.
- The Customer may not convert virtual goods into contents other than contents designated by Delusional under any circumstances.
- The Customer may not allow any third party, including other customers, to use its virtual goods, and it may not lease, assign, sell, or pledge its virtual goods.
- If Delusional determines that the Customer has violated any of these Terms, Delusional may suspend the issuance of virtual goods to the Customer, suspend the Customer’s use of virtual goods, or revoke all or part of the Customer’s virtual goods.
- When the Customer’s right to use the Application is terminated by withdrawal, etc., the unused virtual goods of the Customer shall be canceled forthwith.
- Consent to Usage of Data
Delusional may use information provided by the Customer for the following purposes, solely within the scope necessary in providing the Application:
- to confirm whether the Customer is a user of the Application;
- to confirm necessary matters or to offer necessary guidance for the provision of various Applications for which the Customer has applied;
- to announce the results, etc. of a survey with which the Customer has cooperated or an event in which the Customer has participated;
- to provide an information service such as a mail magazine to the Customer;
- to use the information for marketing operations of the Application;
- to contact the Customer when necessary in regards to the Application, and so forth.
- Delusional may ask the Customer to fill out a questionnaire on the Application or a product survey, and the Customer may choose whether or not to respond.
- Additionally, Delusional may request the Customer to provide (or register) the information by email or on the site.
- Delusional shall observe all laws and ordinances governing the collection, use, and handling of private information.
- You shall agree that Delusional may collect, use, store transmit and make other use of non-personally identifiable technical and related information that identifies your mobile device, operating system application software and peripheral hardware in order to facilitate product support and other customer services. In addition, Delusional may collect, use, store, transmit and make other use of non-personally identifiable statistics regarding the use of the Application.
- You have no Intellectual Property Right or right to claim with respect to the data that you accumulate or record while using the Application.
- Delusional may use, store, transmit and make other use of this information in the aggregate, and in a form that does not personally identify you, in order to improve its products and services, and Delusional may also share anonymous aggregate data with its affiliates and other third party service providers.
- ID Management
- In downloading the Application, it is highly recommended for the Customer to register an account with Delusional. A registered account (hereinafter, "Customer ID") will enable Delusional to save Customer progress.
- No identifiable record will be kept unless the Customer register their account details with Delusional.
- The Customer is responsible for managing their own individual account.
- Delusional reserves the right to delete any user data after three (3) years of inactivity.
- Accordingly, all use of the Application through the use of the Customer ID shall be deemed to be by the Customer, and all usage fees and other obligations shall be borne by the Customer.
- The Customer is expressly prohibited from using the Application through the use of any Customer ID other than their own personal Customer ID (for example, any ID of an existing or fictional third party will result in fraud and collusion allegations, and can result in termination of Customer ID.)
- In-game Advertising
The Application may include a function to display in-game advertisements provided by a third-party, which are uploaded with new content from time to time on your mobile device while you are using such device online.
While you are using the Application, Delusional or such in-game advertisement provider may use information that can be logged from your device, such as age and gender, to ensure that the appropriate advertisement is presented within the Application and to calculate the number of views such advertisement has received. Data logged from your mobile device includes the lP address, unique device identification number, device manufacturer and model, lin-game] location, length of time an advertisement is visible, and the size of the advertisement, and your response to the advertisement (if any).
Other than with respect to the advertisement providers and assignees permitted by Delusional, the only logged data that may be disclosed to parties is the aggregate views the relevant advertisement has received, in a form that does not personally identify you.
If you do not wish to receive such advertisements or to have the above information used, please do not use the Application.
- Prohibited Acts
In using the Services, you are prohibited from conducting any act that falls under or may fall under any of the following (collectively, "Prohibited Act").
If Delusional reasonably determines that you have conducted a Prohibited Act, you shall be deemed to have materially breached this Agreement, and Delusional may immediately delete the relevant part or prevent you from using the Application, without notification to you. If Delusional deems it necessary for the purpose of protecting the rights, property and other assets of Delusional or of third parties, protecting against criminal acts, and protecting human life, body, property, etc. and for the sound growth and protection of children, Delusional may disclose, and provide to a court, a public prosecutor's office, the police, a local government or other institution authorized under the laws and regulations, log-in information, mobile device terminal information, the Application link-up information and other information regarding you without your permission.
- Unpleasant language or conduct toward other customers, or credit damaging or defamatory language or conduct, such as slander or groundless rumors regarding other customers and other third parties;
- Sexually suggestive language or conduct, threatening language or conduct, violent language or conduct, racially prejudiced language or conduct discriminatory language or conduct, illegal language or conduct, vulgar language or conduct, obscene language or conduct, defamatory language or conduct, or any other unpleasant language or conduct;
- Impersonation of an officer or employee of Delusional or its affiliates;
- Formation of and action by a group (clan) that has prejudiced beliefs based on religion, race, gender ethnic groups, human rights or any other prejudiced views, or, with the goal of commercial activity, engaging in group solicitation, exchanges of prohibited goods or religious activity;
- Any act that conflicts with or may conflict with international law, the constitution, laws, prefectural/municipal ordinances and any other laws and regulations;
- Any act that infringes or may infringe copyrights trademark rights or any other rights of Delusional or third parties;
- Falsification, deletion, unauthorized access to, unauthorized use of the Application through all types of tools, impersonation of an existing or fictional party (including use of another party's Customer ID) and any acts similar thereto with respect to the information on the official website of the Application and, or an attempt to conduct any such act,
- Any act that collects or may collect, or stores or may store, personal information of other customers and third parties;
- Any and all acts for which Delusional deems the main purpose to be to engage in or induce meetings contacts, etc. with unacquainted persons of the opposite sex,
- Any act for the purpose of sexual conduct or indecent acts;
- Any act that induces or encourages juveniles to run away from home.
- Any act that is determined to have an adverse effect on or to be an obstacle to the character formation or sound growth of minors;
- Any act that shows information, etc. equivalent to child pornography or child abuse, or any act that sells media in which such information is contained or any act that shows or transmits any advertisement that brings to mind the transmission, showing or sale thereof;
- Any act of writing things inviting children (under 18 years of age) to be an opposite sex dating partner or any act of writing things inviting adults to be an opposite sex dating partner of children;
- Any act against public order and morals, or the instigation or assistance of such act, or any act that may cause such act, or the instigation or assistance of such act.
- Any act connected with illegal acts (transfer of pistols or other items, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, intimidation, betting, gambling, fraud, misuse of a controlled substance, child prostitution, illegal sale of financial accounts and mobile phones, etc.), or the instigation or assistance of such acts, or any act that may cause such connection instigation or assistance,
- Any act connected with suicide or self-injury, or the instigation or assistance of such act, or any act that may cause such connection, instigation or assistance;
- Rent, transfer, name change, sale, pawing of the Application's Customer ID and game data, or grant of a permit for the use thereof to third parties, as well as the provision thereof as security;
- Use of the Application for any purpose other than the purpose intended by Delusional.
- Other than the acts set forth in the preceding items any and all acts that have been or may be an obstacle for Delusional and the management side of the Application;
- Acts corresponding to each of the above items; or
- Other acts determined by Delusional to be prohibited acts, which are notified and disclosed to you.
- The Customer shall be fully responsible for any and all prohibited acts posted by the Customer.
- Disclaimer of Warranties
- Unless otherwise provided by law, the Application is provided "as is," may have any kind of fault, and is used at your responsibility without warranty of any kind, without the provision of assurances or guarantees.
- All risks concerning satisfactory quality and performance reside with you. Delusional does not make and hereby disclaims, any and all express, implied and statutory warranties, including implied warranties of condition, uninterrupted use, merchantability satisfactory quality, fitness for a particular purpose and non-infringement of third party rights of the Application and warranties (if any) arising in the course of a transaction, usage or trade practice.
- Delusional does not warrant against interference with your enjoyment of the Application. For example, it does not guarantee that the Application will meet your requirements, that the operation of the Application will be uninterrupted or error free, that the Application will be compatible or interoperate with any other application, that any errors in the Application can be corrected or that the Application will be available for reinstallation in the same or multiple telecommunication devices.
- Further, Delusional does not guarantee, for any reason or cause that data created and obtained by you (including but not limited to in-game item of the game, or other data) when using the Application will not be lost.
- No oral or written advice provided by Delusional or any authorised representative or employee thereof shall create a warranty.
- As some jurisdictions, under the provisions of the law or the courts, do not allow the exclusion of or limitations on implied warranties or limitations on the statutory rights of consumers, the above exclusions and limitations may not apply to you in jurisdictions where the said exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers conflict with such laws or judgement of the courts.
- Limitation of Liability
Except where otherwise caused due to willful conduct or gross negligence by Delusional, to the fullest extent permitted by law, in no event shall Delusional be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data loss of credibility, work stoppage, device failure or malfunction or any other form of direct or indirect, special, incidental, consequential, punitive damages arising out of this Agreement or the Application, or any act in connection therewith, whether arising in tort (including negligence), contract, strict liability or otherwise, and whether or not Delusional has been advised of the possibility of such damage.
As some jurisdictions, under the provisions of the law or the courts, do not allow a limitation of liability for death personal injury, fraudulent misrepresentation or certain intentional or negligent acts, or violations of specific statutes, or a limitation on incidental or consequential damages, the above exclusions and limitations may not apply to you in jurisdictions where the said exclusion or limitations conflict with such laws or judgement of the Courts.
In no event shall Delusional's total liability to you for all damages (except as otherwise required by law) exceed the amount actually paid by you for the Application and in the case where the use of the Application and this Service is free of charge, Delusional shall not be liable to you for any monetary compensation.
- Damages and Injunctions
You acknowledge that a breach of this Terms will cause irreparable damage to Delusional for which monetary damages would not be an adequate remedy and agree that, in addition to any remedies under this Terms or at law, Delusional may seek temporary relief (provisional measures) to prevent such breach without guarantee money or other security, or proof of damage.
- Governing Law and Jurisdiction
This Terms and your use of the Application shall be governed by the laws of Australia (except conflict of laws principles). You expressly agree that the Australian District Courts shall have sole and exclusive jurisdiction over any lawsuit arising from or in connection with these Terms and/or your use of the Application, and you shall raise no objections in relation thereto.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) shall not apply to this Agreement or to any dispute or transaction arising from this Agreement.
- Entire Agreement
Unless otherwise provided under the Terms, this Agreement constitutes the entire agreement between you and Delusional with respect to the Application and supersedes all prior or current understandings regarding the matters set forth in the Agreement. Failure to exercise, and delay in exercising, by either party, any right or any authority under this Agreement shall be deemed as a waiver thereof, nor shall any single or partial exercise of any right or authority under this Agreement preclude further exercise of any other right hereunder.
Article 5 Termination of Use
The use of the Application and the Customer’s right to use the Application shall be terminated, once the Customer deletes the Application from the Customer’s Device in which the Customer has installed the application on it, or the Customer changes the Customer’s Device, or use a new one. No purchases or subscription fees already paid to Delusional is refundable under any circumstances. Even if the Customer purchases or subscribes, either intentionally or unintentionally, after the termination of use, no fee paid shall be refundable in any case.
Article 6 Termination of Application
Delusional will provide thirty (30) days advance notice upon termination of the Application. All content provided during the Service period will then be deleted, at which time all refunds and other returns will no longer be possible.
Article 7 Additional Terms for Apple iPhone, iPod Touch and iPad Users
For users who purchase and install the Application on an Apple, Inc. ("Apple") iPhone and iPod Touch or iPad, this clause supplements and is in addition to the terms and conditions of this Agreement. If the following provisions contradict and/or conflict with the provisions of this Agreement, the following provisions shall be preferentially applied to the extent of such contradiction and/or conflict.
- Through the purchase, provided that you are in compliance with the terms and conditions of this Agreement, Delusional shall grant only to you, and you shall acquire, a non-exclusive and non-transferable license limited to you, who will install and use the Application for personal, non-profit purposes that are subject to the Usage Rules set forth in iTunes Store Terms of Service. This Agreement does not entitle you to receive from Delusional hard-copy documentation support, telephone assistance or enhancements or updates to the Application. You acknowledge that Apple has no obligation to provide maintenance or support services with respect to the Application.
- Apple is not liable for any claims, including the following, from you or any third party regarding your possession and/or use of the Application.
- product liability claims,
- claims that the Application does not meet your expectations or any applicable legal or regulatory requirements;
- claims arising under consumer protection acts or similar legislation; and
- claims by you or any third party that the Application or your possession and/or use thereof infringes the intellectual property rights of you or a third party.
- In the case where there is any claim to the effect that the Application or your use of the Application infringes the intellectual property rights of a third party or if there is any demand resulting therefrom, Delusional shall be notified immediately and no such claim or demand shall be made to Apple with respect to such matter.
- You shall represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You shall agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and that upon your consent to the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have consented to the right) to enforce this Agreement against you as a third party beneficiary hereof.