Last Updated: February 27, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE.

1. WHAT SERVICES DO THESE TERMS COVER? These terms of use (“Terms”) cover the Amazon Alexa Pikachu Talk speaker application (“Service”),

however, accessed and/or used, which are operated by or otherwise made available by the Pokémon Company or its affiliates (“Pokémon” or “we”, “us”, or “our”):

If you are not able to create an account with Amazon, you may not be able to use the Service.

2. THIS IS AN AGREEMENT BETWEEN YOU AND THE POKÉMON COMPANY By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms and you acknowledge the Pikachu Talk Privacy Statement. Where you are providing consent for a minor to use the Service, you are also agreeing that the minor will be bound by the Terms. If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.

3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS. Unless otherwise noted, all content and software on the Service, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Pokémon and is protected by United States and international copyrights, trademarks and other intellectual property laws. The Service contains third party intellectual property which shall belong to the third party granting a license to Pokémon to incorporate it herein. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content or software on the Service.

All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner.

4. COPYRIGHT INFRINGMENT CLAIMS. If you believe a portion of the Service infringes your copyright and you wish to file a copyright infringement notification with us, please visit http://www.pokemon.com/us/copyright/ for directions on submitting a copyright infringement notice to us.

5. USER RIGHTS AND RESTRICTIONS. These Terms grant permission to you, in your individual capacity, to use the content of Service made available to you for personal, noncommercial home use only. In no instance may you:

(i) Change or remove any copyright and other proprietary notices from content on the Service;

(ii) Modify, or create derivative works based on, the Service;

(iii) Use, or facilitate the use of, any unauthorized third-party software (e.g., bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party.

(iv) Use the Service in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Pokémon, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;

(v) Decompose, disassemble, or reverse engineer any part of any Service, or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of the Service;

(vi) Use the Service to develop functionally similar products or services;

(vii) Use any Service for the benefit of any third party or transfer access to the Service to any third party;

(viii) Use the Service or content on the Service for commercial purposes, including, but not limited to: (a) selling access to all or part of the Service; or (b) placing advertising, sponsorships, or promotions on or within the Service or content;

(vi) Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in the Service;

(x) Infiltrate any system used to operate the Service;

(xi) Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or system used to operate the Service; or

(xii) Attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us.

Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement.

Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service and refuse any and all current or future use of the Service at any time without liability to you.

6. CONDUCT AND COMMUNITY STANDARDS. You are prohibited from posting or transmitting any material to the Service that could: (i) interfere with anyone else's use of the Service; (ii) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

7. THIRD-PARTY PRODUCTS AND SERVICES. The Service may link to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party.

8. UPDATES AND CHANGES TO THE SERVICE. We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You also accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us even if this causes you to have no further access to all or part of the Service.

9. DISCLAIMER. THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER POKÉMON NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO POKÉMON'S NEGLIGENCE, WILL POKÉMON OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF POKÉMON OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF POKÉMON AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED ONE-HUNDRED JAPANESE YEN (JPY100).

YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICE AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your access to the Service. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.

10. INDEMNIFICATION. You agree to indemnify, defend, and hold Pokémon and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Pokémon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Pokémon.

11. GENERAL PROVISIONS. These Terms and any additional terms posted on this Service together constitute the entire agreement between Pokémon and you with respect to your use of this Service. Any cause of action you may have related to your use of this Service must be commenced within 1 year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms will continue in full force and effect. These Terms are governed by and construed in accordance with the laws of Japan, excluding its conflict of laws provisions and you submit to personal jurisdiction in Japan. You irrevocably agree that the courts located in Japan will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. You agree to accept service of process by mail in the state in which your domicile is located as specified by you to us. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision will survive termination or expiration of this Agreement.

12. Display of Open Source Software License. This Service uses the following Open Source Software (OSS). Terms of Use specified by the right holder apply to each OSS.

Third Party OSS Terms of Use for Amazon Alexa

aws-cloudfront-sign

The MIT License (MIT)

Copyright (c) 2014

Permission is hereby granted, free of charge, to any person obtaining a copy of

this software and associated documentation files (the "Software"), to deal in

the Software without restriction, including without limitation the rights to

use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of

the Software, and to permit persons to whom the Software is furnished to do so,

subject to the following conditions:

The above copyright notice and this permission notice shall be included in all

copies or substantial portions of the Software.

moment-timezone

The MIT License (MIT)

Copyright (c) JS Foundation and other contributors

Permission is hereby granted, free of charge, to any person obtaining a copy of

this software and associated documentation files (the "Software"), to deal in

the Software without restriction, including without limitation the rights to

use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of

the Software, and to permit persons to whom the Software is furnished to do so,

subject to the following conditions:

The above copyright notice and this permission notice shall be included in all

copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR

COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER

IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN

CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

aws-sdk

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR

COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER

IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN

CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

AWS SDK for JavaScript

Copyright 2012-2017 Amazon.com, Inc. or its affiliates. All Rights Reserved.

This product includes software developed at

Amazon Web Services, Inc. (http://aws.amazon.com/).

request

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

You must give any other recipients of the Work or Derivative Works a copy of this License; and

You must cause any modified files to carry prominent notices stating that You changed the files; and

You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.