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SAW USER AGREEMENT
Please read and accept this user agreement ("Agreement") for SAW (“Game") carefully. Specific rules and regulations for this particular Game ("Rules") may be separately established by KONAMI and form an integral part of this Agreement. The Rules can be found at www.konami.com ("Site"). In the event any terms of this Agreement conflict with any provisions of the Rules, the provisions of the Rules shall prevail. "KONAMI" in this Agreement shall mean the Konami Entity applicable to you as set forth in Paragraph 13 below, or collectively Konami Group.
1. ACCEPTANCE OF THIS AGREEMENT. You can only enter into this Agreement if you are considered as an "Adult" in the country where you reside. By accepting this Agreement, you affirm that you are an Adult and you have read and accepted this Agreement on your own behalf or on behalf of your Minor child.
2. AMENDMENTS. This Agreement is subject to change by KONAMI at any time without notice. Any change shall be published on the Site and shall become effective immediately upon such publication. You agree to review these terms from time to time, and in any event promptly upon notice of any changes whether such notice is delivered to you directly or simply posted on the Site. If at any time, the current terms are not acceptable to you, you may terminate your use of the Game at any time. KONAMI will not be responsible for returning any amount that you have already paid for the Game. Your continued use of the Game after KONAMI posts any change(s) to its terms or to the scope of this Agreement shall constitute your agreement to and acceptance of all of the changes.
3. GRANT OF LICENSE. Subject to this Agreement, KONAMI grants you a nonexclusive, limited right to use the Game by connecting through Internet to the server designated by KONAMI ("Server"). You may not (i) sublicense the Game, (ii) modify, adapt, translate, reverse engineer, decompile or disassemble the Game, (iii) use it in any way not expressly authorized in writing by KONAMI, (iv) develop, use or distribute or have developed, used or distributed any software affecting or interfering with the operation or contents of the Game , (v) interfere with the operation of the Game in any way, including, but not limited to, illegally accessing the Server or Site. You will be solely responsible for arranging all equipments and services, including, but not limited to, hardware, software and internet access, necessary to use the Game, and shall pay all cost associated to it.
4. CHILDREN AND MATURE CONTENT. The Game is not directed to children under the age of 17. Please be aware that certain areas on the Game contain mature content. You may be exposed to content in the Game that you find offensive, indecent or objectionable. By using the Game you assume all risk associated with its use. We encourage parents to supervise their children's use of the Game and maintain open communication regarding appropriate materials for use and viewing by their children.
5. PROHIBITION OF CHEATING AND IMPROPRIETY. In using the Game, you are prohibited from committing the following acts (hereinafter referred to as the "Cheating"): (a) altering data using a method not provided by KONAMI, or creating any data through illegal means; (b) accessing the Server through use of any method other than those methods authorized by KONAMI including but not limited to PC, Microsoft Xbox 360, Sony PlayStation 3, Sony PlayStation Portable, Nintendo Wii, Nintendo DS, including any platform now existing or hereafter devised, and any other platform or service provided by any vendor/service provider; (c) taking any action other than the actions that are anticipated or permitted with respect to the use of the Game; (d) playing the Game with any automated software code, bots, or any other tools, including program macros, that are not authorized by KONAMI; (e) impersonating any of KONAMI's employees or employees of KONAMI's affiliated companies or any other related party. You agree that you will not distribute or enable the transmission of any programs or data that enable Cheating to other users or third parties, whether or not during the use of the Game. You agree that you will not engage in any activity that is prohibited by KONAMI for any purpose, including but not limited to, gaining an unfair advantage in the Game. You agree that you will not intentionally attempt to change, misappropriate, publish or reverse-engineer any data or message to or from the Game.
6. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the content of this Game is the property of KONAMI or the content owner(s) and may be protected by applicable copyright and other intellectual property laws and treaties. This Agreement grants you no ownership rights in such content. You are not allowed to use this Game beyond the rights granted to you herein. All rights not expressly granted are reserved by KONAMI. In the event that the Game provides services that allow you to send or upload materials created by you (hereinafter referred to as "User Content" and shall include, blog, any images accompanying the blog, comments, and track backs), the copyright of such User Content shall belong to you. You hereby agree to grant KONAMI a non-exclusive, perpetual, royalty free, transferrable, and sub-licensable right to use the copyright in and to such User Content.
7. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, KONAMI, ITS AGENTS, LICENSORS AND SUBCONTRACTORS DO NOT WARRANT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) THROUGH THE GAME. YOU ARE RESPONSIBLE FOR ASSESSING YOUR OWN HARDWARE AND TRANSMISSION NETWORK NEEDS. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO HARDWARE OR SOFTWARE) OF THE GAME RESIDES WITH YOU. EXCEPT AS PROVIDED HEREIN, THE GAME AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, KONAMI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE GAME AND THE INTERNET. KONAMI PROVIDES THE GAME ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KONAMI WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. KONAMI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY KONAMI, ITS LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMISSIONS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, KONAMI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. KONAMI RESERVES THE RIGHT TO MONITOR USER CONTENT IN THE GAME. KONAMI DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT THAT YOU OR OTHER USERS COMMUNICATE ON THE GAME IN EXCESS OF THE RESPONSIBILITY OF KONAMI STIPULATED IN THE APPLICABLE LOCAL LAW. KONAMI RESERVES THE RIGHT TO REMOVE, AT ITS SOLE DISCRETION, ANY USER CONTENT. IF KONAMI BECOMES AWARE OF ANY INFRINGING CONTENT IT WILL MAKE REASONABLE EFFORTS TO REMOVE SUCH CONTENT FROM THE GAME AS QUICKLY AS POSSIBLE. KONAMI DOES NOT ASSUME ANY LIABILITY FOR ANY REMOVAL, FAILURE TO REMOVE, OR ANY DELAY IN REMOVING THE USER CONTENT BEYOND THE ABOVE MENTIONED REQUIREMENTS. YOU SHALL, IN YOUR SOLE DISCRETION, AVOID THE EXCESSIVE USE OF THE GAME SO AS NOT TO DISTURB YOUR HEALTHY AND SOUND LIFE. KONAMI WILL NOT BE LIABLE FOR ANY SOCIAL, MENTAL, PHYSICAL DAMAGES CAUSED BY THE EXCESSIVE USE OF THE GAME. ANY TROUBLES AND/OR CONFLICT OF INTERESTS AMONG THE USERS OF THE GAME SHALL BE RESOLVED AMONG SUCH PARTIES AND KONAMI DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY REGARDING SUCH TROUBLES AND/OR CONFLICT OF INTERESTS.
8. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KONAMI, ITS AFFILIATES, AGENTS, LICENSORS, CONTRACTORS, THEIR EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, "KONAMI AFFILIATES") IS TO STOP USING THE GAME. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW KONAMI, AND KONAMI AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE GAME OR USE OF THE GAME. IN NO CASE SHALL KONAMI, AND KONAMI AFFILIATES HAVE LIABILITY TO YOU EXCEEDING THE AMOUNT THAT YOU PAID TO KONAMI FOR THE GAME. IN NO EVENT SHALL KONAMI OR KONAMI AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GAME.
9. INDEMNIFICATION. YOU EXPRESSLY AGREE THAT ALL USE OF THE GAME IS AT YOUR SOLE RISK, AND YOU SHALL BE SOLELY LIABLE FOR ANY CLAIMS, DAMAGES AND LOSSES ARISING OUT OF YOUR USE OF THE GAME. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KONAMI AND KONAMI AFFILIATES FROM ANY CLAIM, DAMAGE OR LOSS MADE AGAINST KONAMI REGARDING YOUR USE OF THE GAME. KONAMI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
10. INJUNCTION. Because KONAMI would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that KONAMI shall be entitled, without bond, other security or proof of damages, to appropriate remedies including obtaining an interim injunction with respect to breaches of this Agreement, in addition to such other remedies as KONAMI may otherwise have under applicable laws.
11. NO ASSIGNMENT. You may not lend, assign or succeed to any third party all or part of your rights, obligations, status or interests to use the Game.
12. TERMINATION. You may terminate the use of the Game at any time. KONAMI reserves the right to terminate the Game at any time without further obligation to you, upon 30 days prior notice. Such notice shall be published in the Site. Subject to the foregoing notice, KONAMI shall not be liable for any claims, damages and losses arising out of the termination of the Game. You understand and agree that if the Game is terminated or you terminate the use of the Game: (1) you will not be entitled to any pro-rated refund of any fees or unused access time; (2) you will lose any characters developed or information accumulated, if any, and you will not have the right to transfer, sell or otherwise assign any characters or items to anyone else; (3) KONAMI may, at its sole discretion, delete your saved data or other User Content; and (4) when applicable, you may not access the Game in any manner or for any reason, including via any other account.
13. OTHER TERMS AND CONDITIONS
(1) GOVERNING LAW; JURISDICTION
North, Central and South America Region. If you live in North, Central or South America Region, then this Agreement is between you and Konami Digital Entertainment, Inc. (2381 Rosecrans Ave, Suite 200, El Segundo, CA 90245-4922 U.S.A.), and the laws of California govern this Agreement, regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in California, USA for all disputes arising out of or relating to this Agreement.
Europe, Oceania, Middle East and Africa. If you live in Europe, Oceania, Middle East or Africa, then this Agreement is between you and Konami Digital Entertainment GmbH (Berner Str. 103-105, 60437 Frankfurt am Main, Germany), and the laws of Germany govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Frankfurt for all disputes arising out of or relating to this Agreement. Japan. If you live in Japan, then this Agreement is between you and Konami Digital Entertainment Co., Ltd. (Akasaka 9-7-2, Minato-ku, Tokyo, Japan), and the laws of Japan govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Tokyo for all disputes arising out of or relating to this Agreement.
Hong Kong, Singapore, Taiwan. If you live in Hong Kong, Singapore, or Taiwan, then this Agreement is between you and Konami Digital Entertainment Limited (Unit 1506, Grand Millennium Plaza, No.181 Queen's Road Central, Hong Kong), and the laws of Hong Kong govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Hong Kong for all disputes arising out of or relating to this Agreement.
Korea. If you live in Korea, then this Agreement is between you and Konami Digital Entertainment Co. (6F. Daedong Bldg. 587-21, Shinsa-Dong, Gangnam-Gu, Seoul, 135-892, Korea), and the laws of the Republic of Korea govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Seoul for all disputes arising out of or relating to this Agreement.
(2) SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
(3) WAIVER. No waiver by Konami of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement.
(4) ENTIRE AGREEMENT. This Agreement, together with all incorporated documents constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written communications with respect hereto, all of which are merged herein. You acknowledge and agree that you have read this Agreement and understand and accept its terms.
Please read and accept this user agreement ("Agreement") for SAW (“Game") carefully. Specific rules and regulations for this particular Game ("Rules") may be separately established by KONAMI and form an integral part of this Agreement. The Rules can be found at www.konami.com ("Site"). In the event any terms of this Agreement conflict with any provisions of the Rules, the provisions of the Rules shall prevail. "KONAMI" in this Agreement shall mean the Konami Entity applicable to you as set forth in Paragraph 13 below, or collectively Konami Group.
1. ACCEPTANCE OF THIS AGREEMENT. You can only enter into this Agreement if you are considered as an "Adult" in the country where you reside. By accepting this Agreement, you affirm that you are an Adult and you have read and accepted this Agreement on your own behalf or on behalf of your Minor child.
2. AMENDMENTS. This Agreement is subject to change by KONAMI at any time without notice. Any change shall be published on the Site and shall become effective immediately upon such publication. You agree to review these terms from time to time, and in any event promptly upon notice of any changes whether such notice is delivered to you directly or simply posted on the Site. If at any time, the current terms are not acceptable to you, you may terminate your use of the Game at any time. KONAMI will not be responsible for returning any amount that you have already paid for the Game. Your continued use of the Game after KONAMI posts any change(s) to its terms or to the scope of this Agreement shall constitute your agreement to and acceptance of all of the changes.
3. GRANT OF LICENSE. Subject to this Agreement, KONAMI grants you a nonexclusive, limited right to use the Game by connecting through Internet to the server designated by KONAMI ("Server"). You may not (i) sublicense the Game, (ii) modify, adapt, translate, reverse engineer, decompile or disassemble the Game, (iii) use it in any way not expressly authorized in writing by KONAMI, (iv) develop, use or distribute or have developed, used or distributed any software affecting or interfering with the operation or contents of the Game , (v) interfere with the operation of the Game in any way, including, but not limited to, illegally accessing the Server or Site. You will be solely responsible for arranging all equipments and services, including, but not limited to, hardware, software and internet access, necessary to use the Game, and shall pay all cost associated to it.
4. CHILDREN AND MATURE CONTENT. The Game is not directed to children under the age of 17. Please be aware that certain areas on the Game contain mature content. You may be exposed to content in the Game that you find offensive, indecent or objectionable. By using the Game you assume all risk associated with its use. We encourage parents to supervise their children's use of the Game and maintain open communication regarding appropriate materials for use and viewing by their children.
5. PROHIBITION OF CHEATING AND IMPROPRIETY. In using the Game, you are prohibited from committing the following acts (hereinafter referred to as the "Cheating"): (a) altering data using a method not provided by KONAMI, or creating any data through illegal means; (b) accessing the Server through use of any method other than those methods authorized by KONAMI including but not limited to PC, Microsoft Xbox 360, Sony PlayStation 3, Sony PlayStation Portable, Nintendo Wii, Nintendo DS, including any platform now existing or hereafter devised, and any other platform or service provided by any vendor/service provider; (c) taking any action other than the actions that are anticipated or permitted with respect to the use of the Game; (d) playing the Game with any automated software code, bots, or any other tools, including program macros, that are not authorized by KONAMI; (e) impersonating any of KONAMI's employees or employees of KONAMI's affiliated companies or any other related party. You agree that you will not distribute or enable the transmission of any programs or data that enable Cheating to other users or third parties, whether or not during the use of the Game. You agree that you will not engage in any activity that is prohibited by KONAMI for any purpose, including but not limited to, gaining an unfair advantage in the Game. You agree that you will not intentionally attempt to change, misappropriate, publish or reverse-engineer any data or message to or from the Game.
6. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the content of this Game is the property of KONAMI or the content owner(s) and may be protected by applicable copyright and other intellectual property laws and treaties. This Agreement grants you no ownership rights in such content. You are not allowed to use this Game beyond the rights granted to you herein. All rights not expressly granted are reserved by KONAMI. In the event that the Game provides services that allow you to send or upload materials created by you (hereinafter referred to as "User Content" and shall include, blog, any images accompanying the blog, comments, and track backs), the copyright of such User Content shall belong to you. You hereby agree to grant KONAMI a non-exclusive, perpetual, royalty free, transferrable, and sub-licensable right to use the copyright in and to such User Content.
7. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, KONAMI, ITS AGENTS, LICENSORS AND SUBCONTRACTORS DO NOT WARRANT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) THROUGH THE GAME. YOU ARE RESPONSIBLE FOR ASSESSING YOUR OWN HARDWARE AND TRANSMISSION NETWORK NEEDS. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO HARDWARE OR SOFTWARE) OF THE GAME RESIDES WITH YOU. EXCEPT AS PROVIDED HEREIN, THE GAME AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, KONAMI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE GAME AND THE INTERNET. KONAMI PROVIDES THE GAME ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KONAMI WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. KONAMI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY KONAMI, ITS LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMISSIONS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, KONAMI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. KONAMI RESERVES THE RIGHT TO MONITOR USER CONTENT IN THE GAME. KONAMI DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT THAT YOU OR OTHER USERS COMMUNICATE ON THE GAME IN EXCESS OF THE RESPONSIBILITY OF KONAMI STIPULATED IN THE APPLICABLE LOCAL LAW. KONAMI RESERVES THE RIGHT TO REMOVE, AT ITS SOLE DISCRETION, ANY USER CONTENT. IF KONAMI BECOMES AWARE OF ANY INFRINGING CONTENT IT WILL MAKE REASONABLE EFFORTS TO REMOVE SUCH CONTENT FROM THE GAME AS QUICKLY AS POSSIBLE. KONAMI DOES NOT ASSUME ANY LIABILITY FOR ANY REMOVAL, FAILURE TO REMOVE, OR ANY DELAY IN REMOVING THE USER CONTENT BEYOND THE ABOVE MENTIONED REQUIREMENTS. YOU SHALL, IN YOUR SOLE DISCRETION, AVOID THE EXCESSIVE USE OF THE GAME SO AS NOT TO DISTURB YOUR HEALTHY AND SOUND LIFE. KONAMI WILL NOT BE LIABLE FOR ANY SOCIAL, MENTAL, PHYSICAL DAMAGES CAUSED BY THE EXCESSIVE USE OF THE GAME. ANY TROUBLES AND/OR CONFLICT OF INTERESTS AMONG THE USERS OF THE GAME SHALL BE RESOLVED AMONG SUCH PARTIES AND KONAMI DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY REGARDING SUCH TROUBLES AND/OR CONFLICT OF INTERESTS.
8. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KONAMI, ITS AFFILIATES, AGENTS, LICENSORS, CONTRACTORS, THEIR EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, "KONAMI AFFILIATES") IS TO STOP USING THE GAME. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW KONAMI, AND KONAMI AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE GAME OR USE OF THE GAME. IN NO CASE SHALL KONAMI, AND KONAMI AFFILIATES HAVE LIABILITY TO YOU EXCEEDING THE AMOUNT THAT YOU PAID TO KONAMI FOR THE GAME. IN NO EVENT SHALL KONAMI OR KONAMI AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GAME.
9. INDEMNIFICATION. YOU EXPRESSLY AGREE THAT ALL USE OF THE GAME IS AT YOUR SOLE RISK, AND YOU SHALL BE SOLELY LIABLE FOR ANY CLAIMS, DAMAGES AND LOSSES ARISING OUT OF YOUR USE OF THE GAME. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KONAMI AND KONAMI AFFILIATES FROM ANY CLAIM, DAMAGE OR LOSS MADE AGAINST KONAMI REGARDING YOUR USE OF THE GAME. KONAMI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
10. INJUNCTION. Because KONAMI would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that KONAMI shall be entitled, without bond, other security or proof of damages, to appropriate remedies including obtaining an interim injunction with respect to breaches of this Agreement, in addition to such other remedies as KONAMI may otherwise have under applicable laws.
11. NO ASSIGNMENT. You may not lend, assign or succeed to any third party all or part of your rights, obligations, status or interests to use the Game.
12. TERMINATION. You may terminate the use of the Game at any time. KONAMI reserves the right to terminate the Game at any time without further obligation to you, upon 30 days prior notice. Such notice shall be published in the Site. Subject to the foregoing notice, KONAMI shall not be liable for any claims, damages and losses arising out of the termination of the Game. You understand and agree that if the Game is terminated or you terminate the use of the Game: (1) you will not be entitled to any pro-rated refund of any fees or unused access time; (2) you will lose any characters developed or information accumulated, if any, and you will not have the right to transfer, sell or otherwise assign any characters or items to anyone else; (3) KONAMI may, at its sole discretion, delete your saved data or other User Content; and (4) when applicable, you may not access the Game in any manner or for any reason, including via any other account.
13. OTHER TERMS AND CONDITIONS
(1) GOVERNING LAW; JURISDICTION
North, Central and South America Region. If you live in North, Central or South America Region, then this Agreement is between you and Konami Digital Entertainment, Inc. (2381 Rosecrans Ave, Suite 200, El Segundo, CA 90245-4922 U.S.A.), and the laws of California govern this Agreement, regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in California, USA for all disputes arising out of or relating to this Agreement.
Europe, Oceania, Middle East and Africa. If you live in Europe, Oceania, Middle East or Africa, then this Agreement is between you and Konami Digital Entertainment GmbH (Berner Str. 103-105, 60437 Frankfurt am Main, Germany), and the laws of Germany govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Frankfurt for all disputes arising out of or relating to this Agreement. Japan. If you live in Japan, then this Agreement is between you and Konami Digital Entertainment Co., Ltd. (Akasaka 9-7-2, Minato-ku, Tokyo, Japan), and the laws of Japan govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Tokyo for all disputes arising out of or relating to this Agreement.
Hong Kong, Singapore, Taiwan. If you live in Hong Kong, Singapore, or Taiwan, then this Agreement is between you and Konami Digital Entertainment Limited (Unit 1506, Grand Millennium Plaza, No.181 Queen's Road Central, Hong Kong), and the laws of Hong Kong govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Hong Kong for all disputes arising out of or relating to this Agreement.
Korea. If you live in Korea, then this Agreement is between you and Konami Digital Entertainment Co. (6F. Daedong Bldg. 587-21, Shinsa-Dong, Gangnam-Gu, Seoul, 135-892, Korea), and the laws of the Republic of Korea govern this Agreement regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Seoul for all disputes arising out of or relating to this Agreement.
(2) SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
(3) WAIVER. No waiver by Konami of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement.
(4) ENTIRE AGREEMENT. This Agreement, together with all incorporated documents constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written communications with respect hereto, all of which are merged herein. You acknowledge and agree that you have read this Agreement and understand and accept its terms.