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These Terms of Use set forth by 株式会社コナミデジタルエンタテインメント (hereinafter referred to as the “Company,” “we,” “our,” or “us”) provide for matters related to your use of the Content (as defined in Article 1 below). These Terms of Use apply to customers who use the Content in Japan. Before starting to use the Content, you shall fully read and agree to these Terms of Use before using the Content. By starting to use the Content, you will be deemed to have agreed to all of these Terms of Use. As set forth in Article 13, if you are a minor or other person with limited capacity, the consent of your legal representative (including a parent or guardian; hereinafter the same shall apply) must be obtained before agreeing to these Terms of Use. When a customer who is a minor or other person with limited capacity agrees to these Terms of Use, the customer will be deemed to have obtained the consent of the legal representative.
Article 1 (Definitions)
As used in these Terms of Use, the following terms shall have the meanings set forth below:
(1) “The Content” means the SUPER BOMBERMAN R ONLINE content provided by us.
(2) “User Account” means an account that you acquire from an operator of a platform that supports the Content to use services provided by the platform operator.
(3) “Saved Data etc.” means data related to the use of the Content, including data that you save in the Content or data that we save in providing the Content.
Article 2 (Your Role and Obligations)
1. You may use the Content subject to these Terms of Use.
2. You shall, at your own responsibility and expense, manage your User Account.
3. You shall notify us immediately if your user ID or password is, or is likely to be, used after theft. Unless and until such notice is given, all activity conducted using your registered user ID or password shall be deemed to be the activity conducted by the customer.
4. Your personal information and other information that is not personally identifiable, but can be identified in any manner as anonymous personal information (hereinafter referred to collectively as “Subject Information”), which we collect or use when you use the Content, will be handled in accordance with our Privacy Policy (https://legal.konami.com/games/privacy/ja/). You shall use the Content after understanding and agreeing to the terms of such Privacy Policy. When you provide us with Subject Information, you are deemed to have agreed to our Privacy Policy.
5. When using the Content, you shall not take the following actions:
(1) Use the Content in a manner that adversely affects the use of the Content by other customers
(2) Use the Content for commercial purposes without the prior consent of the Company, act for the purpose of receiving money and goods, such as contribution, donation, charity and endowment, or soliciting investments, and solicit for religious activities or religious or other groups
(3) Reproduce, reprint, alter, adapt, post, publish, broadcast, or exhibit the content in the Content without permission
(4) Collect or store third party personal information (including address, email address, phone number, credit card number, or account number)
(5) Engage in Real Money Trade, convert into cash any user accounts and data, including characters or items in the Content, and buy or sell goods or information through such media
(6) Transfer, exchange, lend, or sublicense any data, including characters or items in the Content, or take similar actions
(7) Exploit a program flaw or other problematic phenomena or effects in the Content for the purpose of gaining profit or similar unlawful purposes
(8) Gain unauthorized access to the server, use illegal tools, distribute cheat codes or cheat devices, or take other actions that interfere, or may interfere, with the operation of the Content
(9) Impersonate or attempt to impersonate us, our affiliates, other customers, or other third parties
(10) Reproduce, modify, perform reverse engineering, decompile, disassemble, or duplicate any software, program or data provided in connection with, or being included in, the Content
(11) Use automatic operation tools, programs, macros, and other tools
(12) Develop or cause to be developed, or distribute or cause to be distributed a program related to the operation or contents of the Content
(13) Provide false information (including Subject Information) when using the Content
(14) Engage in fraud in the settlement of charges
(15) Lend, sell, buy, give, or otherwise transfer a User Account to third parties, or allow third parties to use it
(16) Use the Content from regions other than those designated by us
(17) Perform actions offensive to public order and morals, actions that disrupt the order of the Content or other services, or actions that make other customers feel uncomfortable
(18) Perform actions in violation of laws, court judgments, decisions or orders, or administrative orders
(19) Perform actions to incite, encourage, or assist any of the actions set forth in the items hereof
(20) In addition to the foregoing, perform other actions that we deem inappropriate
6. You are solely responsible for your use of the Content.
7. If you cause any damage to the Company or a third party (including damage suffered by the Company or a third party due to your failure to perform your obligations under these Terms of Use), you shall compensate, at your own responsibility and expense, for all damage incurred by the Company or the third party.
Article 3 (Management of the Content)
1. The Content includes items and services that are provided for a charge. When using such items and services, you shall pay for them in accordance with the method separately designated by the Company. We will not refund any charges paid by you for the Content for any reason.
2. We do not guarantee, in any case, that saved data will be saved or read out without any problem, or will not be lost. We reserve the right to change or delete saved data stored on the server at our discretion without your prior consent, if any of the following events occurs:
(1) You have violated the Terms of Use or any other terms regarding the Content
(2) There is an unavoidable reason for the management of the Content or under contract with third parties
(3) Saved data has not been used for at least one month
Article 4(Disclaimer)
1. We make no warranties on any of the following:
(1) The Content can be used in any environment.
(2) The Content can be used without being subject to change, or termination or interruption.
(3) The Content is free of defects.
(4) The information you received or obtained from the Content is accurate, complete, or useful.
2. If we are found to be liable for any damage, loss, and disadvantage caused when you use the Content, or you cannot use the Content for any reason whatsoever, our liability shall be limited to actual and direct damage incurred by you. We shall not be liable for any damage arising from special circumstances, loss of profits, indirect damage, or other damage, whether or not foreseen by use, unless such damage is caused by our intention or gross negligence.
3. We are not responsible for any offensive, defamatory, obscene, or illegal posting or conduct by you or other users on or about the Content.
4. We will not be liable for any damage suffered by you arising from actions of other users or third parties. We shall not be involved in any disputes between you and other users or third parties, and you shall resolve such dispute at your own responsibility and expense.
5. You shall take responsibility for your healthy life and avoid excessive use of the Content that would be detrimental to your health. We will not be liable for any social, mental, or physical injury or damage caused by excessive use of the Content.
6. This Content may contain third party content and services (hereinafter referred to as the "Third-party Content"). As Third-party Content is provided by third parties on their own responsibility, we will not be liable for any damage caused by the content in Third-party Content or the use thereof.
Article 5 (Monitoring)
1. We are not required to monitor the Content. However, we may, at our discretion, monitor and record, as necessary, the information transmitted or received using the Content and disclose it to administrative agencies or other third parties under the law.
2. As a result of monitoring under the preceding paragraph, if it is determined that these Terms of Use have been violated, we have the right to delete the relevant information and the right to refuse the transmission or receipt of the relevant information. You may have no claims and may not make an objection to the deletion of the relevant information hereunder.
Article 6 (Violation)
You shall contact us, as specified separately, immediately if you find any actions in violation of these Terms of Use by other users and third parties. However, such actions shall be investigated, responded to, and announced for response at the discretion of the Company.
Article 7 (Copyright and Other Intellectual Property Rights)
The copyright and other intellectual property rights to the Content and all information (meaning all information, such as software and designs) contained in the Content shall be vested in us, our partners, or the relevant information sources.
Article 8 (Effect of these Terms of Use)
1. We may change these Terms of Use at any time by giving prior notice specifying the notice period in the Content. By using the Content after changes to these Terms of Use, you will be deemed to have agreed to the changes to these Terms of Use. If you do not agree to any changes to these Terms of Use, you shall terminate the use of the Content.
2. We will not be liable for any damage suffered by you due to changes to these Terms of Use and termination of the use of the Content under the preceding paragraph.
3. If any provision of these Terms of Use is found to be invalid or unenforceable, in whole or in part, such provision shall be construed reasonably to be valid and enforceable to a limited extent.
4. If any part of provision of these Terms of Use is found to be invalid or unenforceable, this shall not affect the validity of any other part of provision that shall remain in full force and effect.
Article 9 (Changes to the Content and Termination of Use and Provision Thereof)
1. We may change the Content, in whole or in part, at any time without prior notice to you.
2. You may terminate your use of the Content at any time.
3. We may suspend or terminate the provision of the Content, in whole or in part, at any time, upon prior notice to you.
4. Upon termination of the use or provision of the Content under the preceding two paragraphs, we may delete the Information and saved data stored on the server. This information cannot be restored, once deleted.
Article 10 (Termination of Provision of the Content to Specific Customers)
1. We may suspend or terminate the provision of all or part of the Content to a customer without notice, if any of the following events occurs or is likely to occur to the customer:
(1) The customer has violated the Terms of Use or any other terms regarding the Content.
(2) The customer has violated an agreement with us other than those regarding the Content.
(3) It is found that the membership registration or use of any services or contents provided by us was previously terminated due to reasons attributable to the customer.
(4) More than one month has passed since the date of the last use of the Content.
(5) It is found that the customer is a member of an organized crime group, or has some relationship with an organized crime group, a member thereof, or a person who has a close relationship with them.
2. Upon termination of the provision of the Content to a customer under the preceding paragraph, we may delete the customer information and saved data of the customer. This information cannot be restored, once deleted.
3. Suspension or termination of the provision of the Content to a customer under Paragraph 1 hereof shall not preclude the Company from making a claim against the customer for damages. We will not be liable for any damage suffered by you due to suspension or termination of the provision of the Content under this article.
Article 11(Prohibition of Transfer)
You shall not transfer, pledge, or assign the status and the rights and obligations, in whole or in part, under these Terms of Use.
Article 12 (Force Majeure Events)
If the Content cannot be provided in accordance with social conventions because of force majeure events, such as natural disasters, fires, power outages, wars, riots, and civil wars, we may suspend or terminate the provision of the Content without notice. We will not be liable for any damage, loss, and disadvantage caused by such events.
Article 13 (Minors and Other Persons with Limited Capacity)
If you are a minor or other person with limited capacity, the consent of your legal representative must be obtained before agreeing to these Terms of Use. When a customer who is a minor or other person with limited capacity agrees to these Terms of Use, the customer will be deemed to have obtained the consent of the legal representative.
Article 14 (Governing Law and Jurisdiction by Agreement)
These Terms of Use shall be governed by the laws of Japan. The application of conflict of laws is expressly excluded. You agree that the Tokyo District Court shall be the exclusive court of jurisdiction concerning these Terms of Use.
Article 15 (Languages)
These Terms of Use shall be executed and interpreted in the Japanese language. Any translated version of these Terms of Use is prepared for the convenience of customers whose native language is used in the translation, and in the event of any difference in meaning or interpretation between the Japanese and translated versions of these Terms of Use, the meaning and interpretation of the Japanese version of these Terms of Use shall prevail.
Established on 03/22/2021
Virtual Currency Terms of Use
Last Updated : 03/22/2021
This Virtual Currency Terms of Use ("Virtual Currency Terms") supplements the "Terms of Use for “SUPER BOMBERMAN R ONLINE” ("Konami Terms") with respect to the purchase and use of Virtual Currency called "BOMBER COIN" in any Regions other than Japan. BY PURCHASING OR USING VIRTUAL CURRENCY, YOU AGREE TO BE BOUND BY THESE VIRTUAL CURRENCY TERMS. IF YOU DO NOT AGREE, DO NOT PURCHASE OR USE VIRTUAL CURRENCY. Any terms not specifically defined in these Virtual Currency Terms shall have the meaning as defined in Konami Terms. If there are any inconsistencies between Konami Terms and these Virtual Currency Terms, these Virtual Currency Terms shall take precedence with regard to Virtual Currency.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE VIRTUAL CURRENCY TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN (“GUARDIAN”) ACTED ON YOUR BEHALF, TO ENTER INTO THESE VIRTUAL CURRENCY TERMS
Konami may modify these Virtual Currency Terms periodically. In such case, Konami will indicate to you within the Application that it intends to modify the Virtual Currency Terms and, unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon your first use of the Application after such modifications. If you do not agree to such modifications, you may no longer use the Application.
1. APPLICABILITY.
These Virtual Currency Terms apply only to Virtual Currency sold or provided by Konami in the Application.
2. PURCHASE OF VIRTUAL CURRENCY.
Konami reserves the right to refuse or cancel orders for Virtual Currency at any time at Konami’s sole discretion, and Konami may apply limits to the quantity of Virtual Currency you may purchase or have in your account at any one time. Konami may also cancel Virtual Currency if it determines, at its sole discretion, that you received them in error, through fraud or deception, or in any manner not authorized by these Virtual Currency Terms.
If you are under the age of legal capacity (“Minor”), you must obtain consent from your Guardian before purchasing any Virtual Currency. If any Minor purchases Virtual Currency, his/her Guardian shall be deemed to have consented to such purchase.
3. PROMOTIONAL VIRTUAL CURRENCY.
Konami may issue promotional Virtual Currency using methods designated by Konami, such as through promotional activities or other means that do not require payment ("Promotional Virtual Currency"). Activities eligible to receive Promotional Virtual Currency, quantity of Promotional Virtual Currency issued, and terms and conditions for the issuance of Promotional Virtual Currency, as well as other terms and conditions, will be determined by Konami.
4. PURCHASED VIRTUAL CURRENCY.
The purchase price for Virtual Currency or the purchase unit of Virtual Currency may change periodically without notice. The price you will be charged is the price displayed on the final purchase confirmation screen displayed in the Application ("Price"). Virtual Currency that is purchased for real currency may be referred to herein as “Purchased Virtual Currency”.
5. PAYMENT.
You will purchase Virtual Currency via the Application using the settlement method provided by Platformers. All sales are final unless Konami informs you otherwise in writing. Platformers are responsible for carrying out settlements, and you must comply with rules, terms of sale and other contractual terms and conditions prescribed by Platformers. Konami will not bear any liability whatsoever concerning your use of the settlement method provided by Platformers for purchasing Virtual Currency, and any objections or complaints concerning the settlement method must be settled by making a claim directly to Platformers. Platformers will be solely responsible for sending a receipt upon conclusion of settlement for the Virtual Currency, and you will be deemed to have agreed to accept said receipt in lieu of being sent a receipt by Konami. The purchase of Virtual Currency will become final when you click the purchase button on the final purchase confirmation screen. However, issuance of Virtual Currency may be delayed due to circumstances affecting systems related to the settlement method provided by Platformers.
6. TAXES.
You acknowledge and agree that unless otherwise stipulated in Platform Terms, you are responsible for all applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase and use of Virtual Currency and your licensing of Virtual Goods. If you do not pay the required taxes and fees, you will be responsible for payments of taxes, fees and other penalties that are later determined to be due. Konami reserves the right to collect applicable taxes or other fees from you at any time.
7. PROCESS.
You may redeem or use Virtual Currency only by the method and within the scope prescribed by Konami. Virtual Goods you may be licensed by redeeming Virtual Currency, quantity of Virtual Currency necessary for the license of each Virtual Good, and other terms and conditions for using Virtual Currency will be decided on a case-by-case basis for all Virtual Goods and will be displayed in the Application designated separately by Konami. Konami applies both of Promotional Virtual Currency and Purchased Virtual Currency for redeemed Virtual Goods in order of your acquisition of each Virtual Currency. Konami may, at its sole discretion, place limitations on your redemption of Virtual Currency, such as a limit on the quantity of Virtual Currency you may redeem within a given period, except as may be prohibited by applicable law. Your unused Virtual Currency will be linked to your account and recorded on the server. Accordingly, you will not be able to access or use such unused Virtual Currency if you access the Application using any account other than your account.
8. LICENSE TO VIRTUAL CURRENCY AND VIRTUAL GOODS.
Notwithstanding any use of the terms "purchase", "buy", "sell", "order" or the like, Virtual Currency and Virtual Goods you obtain using Virtual Currency are licensed, not sold, and you do not obtain title to or any ownership interest in any Virtual Currency or Virtual Goods. Konami retains all rights to the Virtual Goods contained in the Application. Your use of the Virtual Goods will be subject to, and you agree to, Konami Terms. All use of the Virtual Currency and Virtual Goods is for personal, non-commercial use only. Konami owns all rights, title and interest in and to the Virtual Currency and Konami owns all rights, title and interest in the Virtual Goods. Subject to the terms and conditions of these Virtual Currency Terms and other applicable terms, you will have a limited, personal, revocable, non-transferable, non sub-licensable and non-assignable license to use Virtual Currency and Virtual Goods in accordance with the terms and conditions of Konami Terms. You understand that if you violate Konami Terms, you may not be able to use Virtual Currency and Virtual Goods. The existence of a particular Virtual Good available for licensing with Virtual Currency is not a commitment by Konami to maintain or continue to make the particular Virtual Goods available in the future. Konami may revise, discontinue or modify Virtual Goods at any time without notifying you. The length of time you may have access to Virtual Goods will be determined by Konami at our sole discretion. You agree that Konami has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Goods as it sees fit at its sole discretion, in any general or specific case.
9. EXPIRATION OF VIRTUAL CURRENCY.
Except as required by law or as Konami may otherwise determine at its sole discretion, Konami will not compensate for, and shall not be responsible for, any loss, expiration, invalidity, disappearance, or any other unavailability of Virtual Currency, and you agree that you will not make any claim for replacement, exchange, return, refund, compensation, fees, royalties, or any other form of payment from or replacement by Konami in relation to such unavailability. For the avoidance of doubt, this Section shall not apply to any unavailability of Virtual Currency due to Konami’s intentional act or negligence.
10. NON-REFUNDABILITY; TRANSFER.
Virtual Currency and Virtual Goods have no cash value. Except as required by law or as Konami may otherwise determine at its sole discretion, Konami will not cancel your use of Virtual Currency, exchange Virtual Currency with real currencies, other virtual currencies, or any items other than Virtual Goods licensed pursuant to Section 7, or refund any real currency equivalent to any used Virtual Currency, in any case and for whatever reason. Virtual Currency may not be sold, transferred, assigned, or redeemed or exchanged for cash. In addition, you may not pledge or establish a security interest in Virtual Currency or jointly possess Virtual Currency with another person or other third party. You shall control and manage your purchase and use of Virtual Currency at your sole responsibility.
11. SUSPENSION OR TERMINATION.
If you breach these Virtual Currency Terms or any other applicable terms, or if Konami suspects, at Konami’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, Konami may immediately (a) suspend or limit your access to the Virtual Currency in your account and may also suspend your access to the Application, or (b) terminate your account. In addition, we reserve the right to discontinue or modify the Application or the Virtual Currency program at any time at our sole discretion, without any further liability to you. If Konami suspends or terminates your account for any reason, you must discontinue any use of the Application, and the right to purchase or use Virtual Currency shall also be suspended or terminated. Notwithstanding any other provision in Konami Terms or other applicable terms to the contrary, Konami reserves the right to reduce, liquidate, suspend, deactivate, remove access to and/or terminate any and all Virtual Currency and Virtual Goods if Konami suspects, at its sole discretion, that (a) you have used any Virtual Currency and/or any Virtual Goods(s) in violation of Konami Terms, Virtual Currency Terms and/or any other applicable terms and/or (b) you have otherwise used Virtual Currency and/or any Virtual Goods(s) to conduct any fraudulent or illegal activity.
12. TERMINATION BY YOU.
You may terminate this Agreement at any time by ceasing your use of the Application and deleting the Application from your device, provided that you acknowledge and agree that by deleting the Application from your device, your unused Virtual Currency may no longer be usable.
13. ERRORS.
Konami does not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether in pricing, description, order confirmation, order processing, delivery or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order.
14. DISCLAIMER.
THE VIRTUAL CURRENCY, THE VIRTUAL GOODS AND THE APPLICATION ARE PROVIDED BY KONAMI ON AN "AS IS", "AS AVAILABLE" BASIS, AND KONAMI DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KONAMI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR PURCHASE OR USE OF VIRTUAL CURRENCY. WHILE KONAMI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APPLICATION SAFE, KONAMI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, THE VIRTUAL CURRENCY OR THE VIRTUAL GOODS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. KONAMI RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE APPLICATION, THE VIRTUAL CURRENCY, OR THE VIRTUAL GOODS OFFERED THROUGH THE APPLICATION, OR ANY FEATURES OR FUNCTIONALITY OF ANY OF THE FOREGOING AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL KONAMI ENTITIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KONAMI AND/OR ANY KONAMI ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ITEMS.
16. WAIVER OF CLAIMS.
You agree that you will never assert and/or bring any cause of action, claim and/or suit against any Konami Entities arising out of and/or related to (a) any claim that you own any Virtual Currency and/or Virtual Goods, (b) any claim for the "value" of any Virtual Currency or any Virtual Goods, (c) any claim for loss of any "value" of any Virtual Currency or any Virtual Goods arising out of and/or related to any acts or omissions of any of the Konami Entities that is/are permitted under Konami Terms or any other applicable terms, and/or (d) any claim that the "value" of any Virtual Currency or any Virtual Goods has decreased as a result of any modification that any of Konami Entities made to any application. This Section shall apply to the extent permitted by applicable law.
17. LANGUAGE.
These Konami Terms have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of these Konami Terms, the meaning and interpretation of these Konami Terms prepared in English shall prevail.
Article 1 (Definitions)
As used in these Terms of Use, the following terms shall have the meanings set forth below:
(1) “The Content” means the SUPER BOMBERMAN R ONLINE content provided by us.
(2) “User Account” means an account that you acquire from an operator of a platform that supports the Content to use services provided by the platform operator.
(3) “Saved Data etc.” means data related to the use of the Content, including data that you save in the Content or data that we save in providing the Content.
Article 2 (Your Role and Obligations)
1. You may use the Content subject to these Terms of Use.
2. You shall, at your own responsibility and expense, manage your User Account.
3. You shall notify us immediately if your user ID or password is, or is likely to be, used after theft. Unless and until such notice is given, all activity conducted using your registered user ID or password shall be deemed to be the activity conducted by the customer.
4. Your personal information and other information that is not personally identifiable, but can be identified in any manner as anonymous personal information (hereinafter referred to collectively as “Subject Information”), which we collect or use when you use the Content, will be handled in accordance with our Privacy Policy (https://legal.konami.com/games/privacy/ja/). You shall use the Content after understanding and agreeing to the terms of such Privacy Policy. When you provide us with Subject Information, you are deemed to have agreed to our Privacy Policy.
5. When using the Content, you shall not take the following actions:
(1) Use the Content in a manner that adversely affects the use of the Content by other customers
(2) Use the Content for commercial purposes without the prior consent of the Company, act for the purpose of receiving money and goods, such as contribution, donation, charity and endowment, or soliciting investments, and solicit for religious activities or religious or other groups
(3) Reproduce, reprint, alter, adapt, post, publish, broadcast, or exhibit the content in the Content without permission
(4) Collect or store third party personal information (including address, email address, phone number, credit card number, or account number)
(5) Engage in Real Money Trade, convert into cash any user accounts and data, including characters or items in the Content, and buy or sell goods or information through such media
(6) Transfer, exchange, lend, or sublicense any data, including characters or items in the Content, or take similar actions
(7) Exploit a program flaw or other problematic phenomena or effects in the Content for the purpose of gaining profit or similar unlawful purposes
(8) Gain unauthorized access to the server, use illegal tools, distribute cheat codes or cheat devices, or take other actions that interfere, or may interfere, with the operation of the Content
(9) Impersonate or attempt to impersonate us, our affiliates, other customers, or other third parties
(10) Reproduce, modify, perform reverse engineering, decompile, disassemble, or duplicate any software, program or data provided in connection with, or being included in, the Content
(11) Use automatic operation tools, programs, macros, and other tools
(12) Develop or cause to be developed, or distribute or cause to be distributed a program related to the operation or contents of the Content
(13) Provide false information (including Subject Information) when using the Content
(14) Engage in fraud in the settlement of charges
(15) Lend, sell, buy, give, or otherwise transfer a User Account to third parties, or allow third parties to use it
(16) Use the Content from regions other than those designated by us
(17) Perform actions offensive to public order and morals, actions that disrupt the order of the Content or other services, or actions that make other customers feel uncomfortable
(18) Perform actions in violation of laws, court judgments, decisions or orders, or administrative orders
(19) Perform actions to incite, encourage, or assist any of the actions set forth in the items hereof
(20) In addition to the foregoing, perform other actions that we deem inappropriate
6. You are solely responsible for your use of the Content.
7. If you cause any damage to the Company or a third party (including damage suffered by the Company or a third party due to your failure to perform your obligations under these Terms of Use), you shall compensate, at your own responsibility and expense, for all damage incurred by the Company or the third party.
Article 3 (Management of the Content)
1. The Content includes items and services that are provided for a charge. When using such items and services, you shall pay for them in accordance with the method separately designated by the Company. We will not refund any charges paid by you for the Content for any reason.
2. We do not guarantee, in any case, that saved data will be saved or read out without any problem, or will not be lost. We reserve the right to change or delete saved data stored on the server at our discretion without your prior consent, if any of the following events occurs:
(1) You have violated the Terms of Use or any other terms regarding the Content
(2) There is an unavoidable reason for the management of the Content or under contract with third parties
(3) Saved data has not been used for at least one month
Article 4(Disclaimer)
1. We make no warranties on any of the following:
(1) The Content can be used in any environment.
(2) The Content can be used without being subject to change, or termination or interruption.
(3) The Content is free of defects.
(4) The information you received or obtained from the Content is accurate, complete, or useful.
2. If we are found to be liable for any damage, loss, and disadvantage caused when you use the Content, or you cannot use the Content for any reason whatsoever, our liability shall be limited to actual and direct damage incurred by you. We shall not be liable for any damage arising from special circumstances, loss of profits, indirect damage, or other damage, whether or not foreseen by use, unless such damage is caused by our intention or gross negligence.
3. We are not responsible for any offensive, defamatory, obscene, or illegal posting or conduct by you or other users on or about the Content.
4. We will not be liable for any damage suffered by you arising from actions of other users or third parties. We shall not be involved in any disputes between you and other users or third parties, and you shall resolve such dispute at your own responsibility and expense.
5. You shall take responsibility for your healthy life and avoid excessive use of the Content that would be detrimental to your health. We will not be liable for any social, mental, or physical injury or damage caused by excessive use of the Content.
6. This Content may contain third party content and services (hereinafter referred to as the "Third-party Content"). As Third-party Content is provided by third parties on their own responsibility, we will not be liable for any damage caused by the content in Third-party Content or the use thereof.
Article 5 (Monitoring)
1. We are not required to monitor the Content. However, we may, at our discretion, monitor and record, as necessary, the information transmitted or received using the Content and disclose it to administrative agencies or other third parties under the law.
2. As a result of monitoring under the preceding paragraph, if it is determined that these Terms of Use have been violated, we have the right to delete the relevant information and the right to refuse the transmission or receipt of the relevant information. You may have no claims and may not make an objection to the deletion of the relevant information hereunder.
Article 6 (Violation)
You shall contact us, as specified separately, immediately if you find any actions in violation of these Terms of Use by other users and third parties. However, such actions shall be investigated, responded to, and announced for response at the discretion of the Company.
Article 7 (Copyright and Other Intellectual Property Rights)
The copyright and other intellectual property rights to the Content and all information (meaning all information, such as software and designs) contained in the Content shall be vested in us, our partners, or the relevant information sources.
Article 8 (Effect of these Terms of Use)
1. We may change these Terms of Use at any time by giving prior notice specifying the notice period in the Content. By using the Content after changes to these Terms of Use, you will be deemed to have agreed to the changes to these Terms of Use. If you do not agree to any changes to these Terms of Use, you shall terminate the use of the Content.
2. We will not be liable for any damage suffered by you due to changes to these Terms of Use and termination of the use of the Content under the preceding paragraph.
3. If any provision of these Terms of Use is found to be invalid or unenforceable, in whole or in part, such provision shall be construed reasonably to be valid and enforceable to a limited extent.
4. If any part of provision of these Terms of Use is found to be invalid or unenforceable, this shall not affect the validity of any other part of provision that shall remain in full force and effect.
Article 9 (Changes to the Content and Termination of Use and Provision Thereof)
1. We may change the Content, in whole or in part, at any time without prior notice to you.
2. You may terminate your use of the Content at any time.
3. We may suspend or terminate the provision of the Content, in whole or in part, at any time, upon prior notice to you.
4. Upon termination of the use or provision of the Content under the preceding two paragraphs, we may delete the Information and saved data stored on the server. This information cannot be restored, once deleted.
Article 10 (Termination of Provision of the Content to Specific Customers)
1. We may suspend or terminate the provision of all or part of the Content to a customer without notice, if any of the following events occurs or is likely to occur to the customer:
(1) The customer has violated the Terms of Use or any other terms regarding the Content.
(2) The customer has violated an agreement with us other than those regarding the Content.
(3) It is found that the membership registration or use of any services or contents provided by us was previously terminated due to reasons attributable to the customer.
(4) More than one month has passed since the date of the last use of the Content.
(5) It is found that the customer is a member of an organized crime group, or has some relationship with an organized crime group, a member thereof, or a person who has a close relationship with them.
2. Upon termination of the provision of the Content to a customer under the preceding paragraph, we may delete the customer information and saved data of the customer. This information cannot be restored, once deleted.
3. Suspension or termination of the provision of the Content to a customer under Paragraph 1 hereof shall not preclude the Company from making a claim against the customer for damages. We will not be liable for any damage suffered by you due to suspension or termination of the provision of the Content under this article.
Article 11(Prohibition of Transfer)
You shall not transfer, pledge, or assign the status and the rights and obligations, in whole or in part, under these Terms of Use.
Article 12 (Force Majeure Events)
If the Content cannot be provided in accordance with social conventions because of force majeure events, such as natural disasters, fires, power outages, wars, riots, and civil wars, we may suspend or terminate the provision of the Content without notice. We will not be liable for any damage, loss, and disadvantage caused by such events.
Article 13 (Minors and Other Persons with Limited Capacity)
If you are a minor or other person with limited capacity, the consent of your legal representative must be obtained before agreeing to these Terms of Use. When a customer who is a minor or other person with limited capacity agrees to these Terms of Use, the customer will be deemed to have obtained the consent of the legal representative.
Article 14 (Governing Law and Jurisdiction by Agreement)
These Terms of Use shall be governed by the laws of Japan. The application of conflict of laws is expressly excluded. You agree that the Tokyo District Court shall be the exclusive court of jurisdiction concerning these Terms of Use.
Article 15 (Languages)
These Terms of Use shall be executed and interpreted in the Japanese language. Any translated version of these Terms of Use is prepared for the convenience of customers whose native language is used in the translation, and in the event of any difference in meaning or interpretation between the Japanese and translated versions of these Terms of Use, the meaning and interpretation of the Japanese version of these Terms of Use shall prevail.
Established on 03/22/2021
Virtual Currency Terms of Use
Last Updated : 03/22/2021
This Virtual Currency Terms of Use ("Virtual Currency Terms") supplements the "Terms of Use for “SUPER BOMBERMAN R ONLINE” ("Konami Terms") with respect to the purchase and use of Virtual Currency called "BOMBER COIN" in any Regions other than Japan. BY PURCHASING OR USING VIRTUAL CURRENCY, YOU AGREE TO BE BOUND BY THESE VIRTUAL CURRENCY TERMS. IF YOU DO NOT AGREE, DO NOT PURCHASE OR USE VIRTUAL CURRENCY. Any terms not specifically defined in these Virtual Currency Terms shall have the meaning as defined in Konami Terms. If there are any inconsistencies between Konami Terms and these Virtual Currency Terms, these Virtual Currency Terms shall take precedence with regard to Virtual Currency.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE VIRTUAL CURRENCY TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN (“GUARDIAN”) ACTED ON YOUR BEHALF, TO ENTER INTO THESE VIRTUAL CURRENCY TERMS
Konami may modify these Virtual Currency Terms periodically. In such case, Konami will indicate to you within the Application that it intends to modify the Virtual Currency Terms and, unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon your first use of the Application after such modifications. If you do not agree to such modifications, you may no longer use the Application.
1. APPLICABILITY.
These Virtual Currency Terms apply only to Virtual Currency sold or provided by Konami in the Application.
2. PURCHASE OF VIRTUAL CURRENCY.
Konami reserves the right to refuse or cancel orders for Virtual Currency at any time at Konami’s sole discretion, and Konami may apply limits to the quantity of Virtual Currency you may purchase or have in your account at any one time. Konami may also cancel Virtual Currency if it determines, at its sole discretion, that you received them in error, through fraud or deception, or in any manner not authorized by these Virtual Currency Terms.
If you are under the age of legal capacity (“Minor”), you must obtain consent from your Guardian before purchasing any Virtual Currency. If any Minor purchases Virtual Currency, his/her Guardian shall be deemed to have consented to such purchase.
3. PROMOTIONAL VIRTUAL CURRENCY.
Konami may issue promotional Virtual Currency using methods designated by Konami, such as through promotional activities or other means that do not require payment ("Promotional Virtual Currency"). Activities eligible to receive Promotional Virtual Currency, quantity of Promotional Virtual Currency issued, and terms and conditions for the issuance of Promotional Virtual Currency, as well as other terms and conditions, will be determined by Konami.
4. PURCHASED VIRTUAL CURRENCY.
The purchase price for Virtual Currency or the purchase unit of Virtual Currency may change periodically without notice. The price you will be charged is the price displayed on the final purchase confirmation screen displayed in the Application ("Price"). Virtual Currency that is purchased for real currency may be referred to herein as “Purchased Virtual Currency”.
5. PAYMENT.
You will purchase Virtual Currency via the Application using the settlement method provided by Platformers. All sales are final unless Konami informs you otherwise in writing. Platformers are responsible for carrying out settlements, and you must comply with rules, terms of sale and other contractual terms and conditions prescribed by Platformers. Konami will not bear any liability whatsoever concerning your use of the settlement method provided by Platformers for purchasing Virtual Currency, and any objections or complaints concerning the settlement method must be settled by making a claim directly to Platformers. Platformers will be solely responsible for sending a receipt upon conclusion of settlement for the Virtual Currency, and you will be deemed to have agreed to accept said receipt in lieu of being sent a receipt by Konami. The purchase of Virtual Currency will become final when you click the purchase button on the final purchase confirmation screen. However, issuance of Virtual Currency may be delayed due to circumstances affecting systems related to the settlement method provided by Platformers.
6. TAXES.
You acknowledge and agree that unless otherwise stipulated in Platform Terms, you are responsible for all applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase and use of Virtual Currency and your licensing of Virtual Goods. If you do not pay the required taxes and fees, you will be responsible for payments of taxes, fees and other penalties that are later determined to be due. Konami reserves the right to collect applicable taxes or other fees from you at any time.
7. PROCESS.
You may redeem or use Virtual Currency only by the method and within the scope prescribed by Konami. Virtual Goods you may be licensed by redeeming Virtual Currency, quantity of Virtual Currency necessary for the license of each Virtual Good, and other terms and conditions for using Virtual Currency will be decided on a case-by-case basis for all Virtual Goods and will be displayed in the Application designated separately by Konami. Konami applies both of Promotional Virtual Currency and Purchased Virtual Currency for redeemed Virtual Goods in order of your acquisition of each Virtual Currency. Konami may, at its sole discretion, place limitations on your redemption of Virtual Currency, such as a limit on the quantity of Virtual Currency you may redeem within a given period, except as may be prohibited by applicable law. Your unused Virtual Currency will be linked to your account and recorded on the server. Accordingly, you will not be able to access or use such unused Virtual Currency if you access the Application using any account other than your account.
8. LICENSE TO VIRTUAL CURRENCY AND VIRTUAL GOODS.
Notwithstanding any use of the terms "purchase", "buy", "sell", "order" or the like, Virtual Currency and Virtual Goods you obtain using Virtual Currency are licensed, not sold, and you do not obtain title to or any ownership interest in any Virtual Currency or Virtual Goods. Konami retains all rights to the Virtual Goods contained in the Application. Your use of the Virtual Goods will be subject to, and you agree to, Konami Terms. All use of the Virtual Currency and Virtual Goods is for personal, non-commercial use only. Konami owns all rights, title and interest in and to the Virtual Currency and Konami owns all rights, title and interest in the Virtual Goods. Subject to the terms and conditions of these Virtual Currency Terms and other applicable terms, you will have a limited, personal, revocable, non-transferable, non sub-licensable and non-assignable license to use Virtual Currency and Virtual Goods in accordance with the terms and conditions of Konami Terms. You understand that if you violate Konami Terms, you may not be able to use Virtual Currency and Virtual Goods. The existence of a particular Virtual Good available for licensing with Virtual Currency is not a commitment by Konami to maintain or continue to make the particular Virtual Goods available in the future. Konami may revise, discontinue or modify Virtual Goods at any time without notifying you. The length of time you may have access to Virtual Goods will be determined by Konami at our sole discretion. You agree that Konami has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Goods as it sees fit at its sole discretion, in any general or specific case.
9. EXPIRATION OF VIRTUAL CURRENCY.
Except as required by law or as Konami may otherwise determine at its sole discretion, Konami will not compensate for, and shall not be responsible for, any loss, expiration, invalidity, disappearance, or any other unavailability of Virtual Currency, and you agree that you will not make any claim for replacement, exchange, return, refund, compensation, fees, royalties, or any other form of payment from or replacement by Konami in relation to such unavailability. For the avoidance of doubt, this Section shall not apply to any unavailability of Virtual Currency due to Konami’s intentional act or negligence.
10. NON-REFUNDABILITY; TRANSFER.
Virtual Currency and Virtual Goods have no cash value. Except as required by law or as Konami may otherwise determine at its sole discretion, Konami will not cancel your use of Virtual Currency, exchange Virtual Currency with real currencies, other virtual currencies, or any items other than Virtual Goods licensed pursuant to Section 7, or refund any real currency equivalent to any used Virtual Currency, in any case and for whatever reason. Virtual Currency may not be sold, transferred, assigned, or redeemed or exchanged for cash. In addition, you may not pledge or establish a security interest in Virtual Currency or jointly possess Virtual Currency with another person or other third party. You shall control and manage your purchase and use of Virtual Currency at your sole responsibility.
11. SUSPENSION OR TERMINATION.
If you breach these Virtual Currency Terms or any other applicable terms, or if Konami suspects, at Konami’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, Konami may immediately (a) suspend or limit your access to the Virtual Currency in your account and may also suspend your access to the Application, or (b) terminate your account. In addition, we reserve the right to discontinue or modify the Application or the Virtual Currency program at any time at our sole discretion, without any further liability to you. If Konami suspends or terminates your account for any reason, you must discontinue any use of the Application, and the right to purchase or use Virtual Currency shall also be suspended or terminated. Notwithstanding any other provision in Konami Terms or other applicable terms to the contrary, Konami reserves the right to reduce, liquidate, suspend, deactivate, remove access to and/or terminate any and all Virtual Currency and Virtual Goods if Konami suspects, at its sole discretion, that (a) you have used any Virtual Currency and/or any Virtual Goods(s) in violation of Konami Terms, Virtual Currency Terms and/or any other applicable terms and/or (b) you have otherwise used Virtual Currency and/or any Virtual Goods(s) to conduct any fraudulent or illegal activity.
12. TERMINATION BY YOU.
You may terminate this Agreement at any time by ceasing your use of the Application and deleting the Application from your device, provided that you acknowledge and agree that by deleting the Application from your device, your unused Virtual Currency may no longer be usable.
13. ERRORS.
Konami does not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether in pricing, description, order confirmation, order processing, delivery or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order.
14. DISCLAIMER.
THE VIRTUAL CURRENCY, THE VIRTUAL GOODS AND THE APPLICATION ARE PROVIDED BY KONAMI ON AN "AS IS", "AS AVAILABLE" BASIS, AND KONAMI DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KONAMI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR PURCHASE OR USE OF VIRTUAL CURRENCY. WHILE KONAMI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APPLICATION SAFE, KONAMI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, THE VIRTUAL CURRENCY OR THE VIRTUAL GOODS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. KONAMI RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE APPLICATION, THE VIRTUAL CURRENCY, OR THE VIRTUAL GOODS OFFERED THROUGH THE APPLICATION, OR ANY FEATURES OR FUNCTIONALITY OF ANY OF THE FOREGOING AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL KONAMI ENTITIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KONAMI AND/OR ANY KONAMI ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ITEMS.
16. WAIVER OF CLAIMS.
You agree that you will never assert and/or bring any cause of action, claim and/or suit against any Konami Entities arising out of and/or related to (a) any claim that you own any Virtual Currency and/or Virtual Goods, (b) any claim for the "value" of any Virtual Currency or any Virtual Goods, (c) any claim for loss of any "value" of any Virtual Currency or any Virtual Goods arising out of and/or related to any acts or omissions of any of the Konami Entities that is/are permitted under Konami Terms or any other applicable terms, and/or (d) any claim that the "value" of any Virtual Currency or any Virtual Goods has decreased as a result of any modification that any of Konami Entities made to any application. This Section shall apply to the extent permitted by applicable law.
17. LANGUAGE.
These Konami Terms have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of these Konami Terms, the meaning and interpretation of these Konami Terms prepared in English shall prevail.