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USER AGREEMENT
1. Your agreement to these terms
1.1. This user agreement (Agreement) sets out the terms and conditions governing your use of Konami Digital Entertainment B.V.’s (KONAMI) video game products and services, including game software, applications, downloadable content and updates to the foregoing and related online and offline services (collectively Services).
1.2. By accessing or using the Services, you agree to comply with this Agreement. If you do not agree to the terms of this Agreement, you may not access or use the Services.
1.3. KONAMI reserves the right to modify the Agreement. In such a case, KONAMI will indicate to you within the Services that it intends to modify the Agreement, and unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon first using the Services after such modifications. If you do not agree to such modifications, you may no longer use the Services.
2. Platform Terms
2.1. Access to the Services may be subject to acceptance and compliance with the terms and conditions, rules and policies of the platform provider through which you access or use the Services (Platform Terms).
2.2. The platforms through which you access the Services are referred to in this document as the Platforms, and the providers of such Platforms are referred to as Platform Providers.
2.3. KONAMI is not affiliated with Platform Providers, has no control over Platform Terms, and is not responsible for the Platform Providers acts or omissions. KONAMI is solely responsible for the Services, not the Platforms or the Platform Providers.
2.4. Pursuant to the Platform Terms, you may be required to register an account (Platform Account) in order to access or use the Services via the Platform. You are responsible for maintaining the confidentiality of the Platform Account, and you are fully responsible for all interactions with the Services that occur in connection with, or through, your Platform Account. You agree that any actions made using your Platform Account shall be deemed to be the actions made by you. KONAMI is not liable for any loss or damage arising from your use of your Platform Account and/or your failure to comply with any of the foregoing obligations.
3. Legal capacity and parental or legal guardian consent
3.1. IF YOU ARE UNDER 18 YEARS OF AGE (OR UNDER THE AGE OF LEGAL CAPACITY IN YOUR COUNTRY OF RESIDENCE, IF DIFFERENT), YOUR PARENT OR LEGAL GUARDIAN MUST READ AND ACCEPT THIS AGREEMENT FOR YOU.
3.2. If you do not know whether you have reached the age of legal capacity where you live, or do not understand any part of this Agreement, please do not use the Services before you have asked your parent or legal guardian for help.
3.3. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by the terms of this Agreement and you are responsible for supervising your minor in the use of the Services, including in respect of any purchases.
3.4. Parents and legal guardians are recommended to utilise appropriate parental controls (where available) on devices, or the Platforms, used by their children.
4. Intellectual Property and Licence
4.1. All intellectual property rights in the Services, and any information and materials available or incorporated within the Services, such as text, audio-visual materials, Virtual Currency (as defined below) and Virtual Goods (as defined below) (collectively, Materials) throughout the world belong to KONAMI (or KONAMI’s licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, Services or Materials other than the right to use them in accordance with this Agreement.
4.2. KONAMI grants to you a personal, limited, revocable, non-transferable licence to access and use the Services and Materials solely as incorporated therein, solely for your personal, non-commercial uses and in the manner as may be provided for by a Platform. Nothing in this Agreement, or in the Services, grants or should be construed as granting any license or right to make commercial use of the Services, Materials or other KONAMI or third-party copyrighted materials, trademarks or intellectual property without KONAMI’s prior written consent.
5. User Content
5.1. Any content you create or generate in respect of, or incorporating material from within, the Services (User Content), is your responsibility. This includes:
(a) ensuring that you obtain any necessary consents or licenses from any third party in respect of the User Content; and
(b) any publishing or posting of the User Content online or elsewhere.
KONAMI is not responsible or liable for any User Content.
5.2. User Content shall include:
(a) any content captured from use of the Services (such as gameplay images and footage); and
(b) content generated through features of the Services whether for use within the Services or otherwise (such as maps, scenarios, designs, items, characters and any other content which is capable of being generated as part of the Services).
5.3. You may not upload online (such as on social media platforms or video sharing websites), or publish elsewhere, any User Content that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
5.4. Where the Services allow you to create User Content and use it within the Services, KONAMI may, in its sole discretion, remove, edit or disable any such User Content for any reason, including if the User Content breaches the terms of this Agreement.
5.5. In respect of any User Content, you hereby grant to KONAMI a non-exclusive, royalty-free, perpetual, transferable, worldwide, sublicensable license to use, publish, reproduce, modify, edit, combine with other works, create derivative works, publicly perform or display, otherwise exploit the User Content, in whole or in part, using any present or future methods or means. You hereby confirm that no sums of any kind shall be payable to you or any third party.
6. Rules of Conduct
6.1. While using the Services, you will comply with all applicable laws, rules and regulations.
6.2. In using the Services, you shall respect the rights and dignity of others.
6.3. Your use of the Services is conditioned upon your compliance with rules of conduct set forth in this section. Failure to comply with such rules may result in termination of your license to use and access the Services.
6.4. You agree that you will not:
(a) post, transmit or otherwise make available, through or in connection with the Services:
(i) anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary rights without the express prior consent of the owner of such right; (f) related to alcohol or the sale of tobacco products, ammunition or firearms; or (g) related to wagering or gambling;
(ii) any material that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking”, “cracking” or “phreaking”;
(iii) any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
(iv) any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter, “pyramid scheme” or investment opportunity, or any other form of solicitation; and
(v) any material, non-public information about a company without proper authorization to do so,
(b) use the Services for any fraudulent or unlawful purpose;
(c) attempt to gain for yourself or any other person any unfair advantage with respect to use of the Services, including use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, or by exploiting any bugs or errors in the Services. You also agree not to inform any person (other than KONAMI) of such bugs or errors;
(d) use the Services in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software;
(e) use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable data/information about other users of the Services;
(f) impersonate any person or entity, including without limitation any representative of KONAMI; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that KONAMI endorses any statement that you make;
(g) interfere with or disrupt operation of the Services or any servers or networks used to make the Services available, including without limitation taking any action that imposes an unreasonable or disproportionately large load upon the Services or upon such servers or networks; or violate any requirements, procedures, policies or regulations of such networks;
(h) restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services);
(i) use the Services to advertise or offer to sell or buy any goods or services;
(j) license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute or otherwise exploit for any commercial purposes, any portion of, use of or access to the Services;
(k) reproduce, modify, adapt, publish, distribute, broadcast, make derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Services without KONAMI’s prior approval;
(l) remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services;
(m) frame or mirror any part of the Services without KONAMI’s express prior written consent;
(n) create a database by systematically downloading and storing the Services and/or Materials;
(o) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather Materials or reproduce or circumvent the navigational structure or presentation of the Services without KONAMI’s express prior written consent;
(p) prostitute a child, exploit a child for pornography or engage in acts likely to constitute child abuse, or engage in acts that will or may have a bad influence on or encourage bad behaviour among minors (including encouraging minors to drink, smoke or gamble, posting information relating to the adult or sex entertainment industry and soliciting minors to access sites inappropriate for use by minors);
(q) engage in acts that encourage or assist suicide or drug abuse, or any act leading to meetings for the purpose of sexual or obscene acts;
(r) post or ask for information that can identify or enable direct access to an individual (such as a telephone number, e-mail address and SNS service account);
(s) campaign for election campaigns, campaign or participate in politics or other similar acts;
(t) post, publish, collect or accumulate personal data of third parties (including addresses, e-mail addresses, telephone numbers, credit card numbers and account numbers);
(u) conduct real money trading, transfer, sale, purchase, convert of Platform Accounts, data (including personal data), characters or items in the Services into cash, purchase or sale of property or information (including personal) through the foregoing or any act or statement comparable to the foregoing;
(v) unless explicitly permitted by KONAMI, assign, exchange, lend or license data, characters or items in the Services, or act or state something comparable to the foregoing;
(w) use any program defects of the Services or any other problematic phenomenon or effect to gain a benefit or for other improper purpose;
(x) engage in any act that instigates, encourages or abets any acts set forth in this section; and
(y) engage in any other acts KONAMI determines to be inappropriate.
7. Virtual Goods and Virtual Currency
7.1. KONAMI may provide you with an opportunity to purchase personal, limited, revocable, non-transferable licenses to access and use virtual goods (Virtual Goods) solely within the Services to which those Virtual Goods relate and solely for your personal, non-commercial uses. Once you purchase any Virtual Goods, such Virtual Goods are not returnable, exchangeable, or refundable.
7.2. Depending on the functionality of the Services, purchases of Virtual Goods may be made using:
(a) direct payments by you; or
(b) virtual currency (such as, virtual coins, tokens, or points), which may be earned or purchased through the Services or from one of KONAMI’s approved third-party providers (Virtual Currency).
Notwithstanding anything to the contrary in this Agreement or in the Services, you agree that you have no right or title to any Materials, including without limitation any Virtual Goods and/or “earned” or “purchased” Virtual Currency, and that such Virtual Goods and/or Virtual Currency do not constitute or represent any balance of real currency or other stored value or its equivalent.
7.3. You may not sublicense, lease, lend, sell, gift, bequeath, trade, transfer or provide use or access to any Virtual Goods and/or Virtual Currency, except as expressly provided by KONAMI, and any such act or attempted act is prohibited and void.
7.4. You shall not attempt to use or access any Virtual Goods and/or Virtual Currency that you have not personally licensed or acquired from KONAMI or from one of KONAMI’s approved third-party providers. If you leave a balance of purchased Virtual Currency unused for a period of time or if KONAMI terminates or suspend access to and/or use of the Services, KONAMI may process your balance in accordance with KONAMI’s legal obligations, including by submitting funds associated with your purchased Virtual Currency balance to the appropriate governing body where required by applicable law.
7.5. If you wish to purchase Virtual Currency made available by KONAMI through the Services (each such purchase, a Transaction), you may be asked to supply certain information relevant to your Transaction. Such information may include payment information (such as your credit/debit card number and its expiration date and billing address), and other information required to make payment (such as your name and address) (collectively Payment Information). The purchase and use of any Virtual Currency is governed by such terms and conditions as may be notified to you (including within the Services).
7.6. You represent and warrant that you have the legal right to use any payment method utilised in connection with any Transaction and that you are in compliance with any terms and conditions applicable to such payment methods, and you agree that you are responsible for any use of your payment methods by minors.
7.7. By submitting the Payment Information, you grant KONAMI the right to provide the Payment Information to third parties for purposes of facilitating completion of Transactions initiated by you or on your behalf. Verification of the Payment Information may be required prior to acknowledgment or completion of any Transaction.
7.8. You agree that Virtual Currency:
(a) has no monetary value and has no value outside the Services;
(b) may not be sold, traded, transferred, or exchanged for cash; and
(c) is non-refundable (including any unused Virtual Currency).
8. Saved Data
KONAMI does not warrant that data or record of your use of the Services, or any save files, (Saved Data) will be preserved, or be usable, without error, bugs, corruption or loss. KONAMI may add, modify, make changes to, or delete Saved Data without obtaining your prior approval where (in its sole discretion) it deems necessary to maintain operation of the Services or it is in the users’ interest. KONAMI reserves the right to delete Saved Data that is not used for a long period of time.
9. Monitoring, Deleting and Blocking
9.1. KONAMI reserves the right, but is not obligated, to monitor and, in its sole discretion, to delete any materials and postings or to block (or request that Platform Providers block) users who have posted materials or acted in a manner, in each case, that KONAMI believes to violate this Agreement or to be unsuitable for the Services.
9.2. KONAMI also reserves the right to disclose any posting, the circumstances surrounding its transmission, and the identity of the poster, including without limitation in order to operate the Services properly, to protect KONAMI, its affiliated companies and other Services users, and to comply with legal obligations or governmental requests.
10. Personal Data
Any personal information collected and used by KONAMI in connection with your use of the Services will be handled in accordance with KONAMI’s privacy notice separately presented to you when using the Services.
11. Giveaways, sweepstakes, contests and similar promotions
Any giveaways, sweepstakes, contest, raffles and other promotions made available through the Services (Promotion) may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you agree to comply with those rules, which may vary from terms and conditions set forth herein. With respect to any Promotion, in the event of any conflict between terms and conditions of such Promotion and this Agreement, the terms and conditions of such Promotion shall prevail.
12. Third-Party Services
The Services may provide you with opportunities to use services provided by, and/or link to websites, services, products, content or other material owned by or operated by third parties (including, without limitation, Platform Providers) (Third-Party Services). You acknowledge and agree that KONAMI does not endorse and is not responsible or liable for any such Third-Party Services, and that you access and use such Third-Party Services at your own risk. KONAMI encourages you to review the privacy notices/policies and terms of use policies made available to you by such third parties. You acknowledge and agree that your use of Third-Party Services is at your own risk and is subject to terms and conditions of use applicable to such Third-Party Services.
13. Disclaimer of Warranties
13.1. KONAMI makes no guarantees or warranties of any kind, express or implied, regarding the Services. Your access to and use of the Services is at your own risk. The Services are provided “AS IS” and KONAMI is not responsible for their use or misuse by you. Access to and use of the Services from locations where the Services may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
13.2. Without limiting the generality of the foregoing, KONAMI disclaims, to the maximum extent permitted by law, any and all:
(a) warranties of merchantability or fitness for a particular purpose (including suitability of the Services for your needs or requirements or those of any other person);
(b) warranties against infringement of any third-party intellectual property or proprietary rights;
(c) warranties relating to the accuracy, reliability, correctness or completeness of the Services;
(d) warranties relating to operation of the Services (including delays, interruptions, errors, viruses, defects or omissions);
(e) warranties otherwise relating to performance, non-performance or other acts or omissions by KONAMI or any third party; and
(f) warranties that may arise in the course of dealing, course of performance or usage of trade.
Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
13.3. KONAMI and its affiliates, licensors, suppliers, advertisers, sponsors and agents, and each of their subsidiaries or affiliated entities and owners, shareholders, general and limited partners, directors, officers and employees of the foregoing entities (KONAMI Entities) provide no warranty that: (i) your use of the Services will be uninterrupted, error-free or secure, that defects will be corrected; or (ii) the Services or the server(s) on which the Services are hosted are free from viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment and (where applicable) an internet connection needed to access and use the Services, and all charges related thereto. You assume all responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice or statement of any KONAMI Entities, or of any user, visitor or fan of or to the Services, whether made in the Services or using any materials (such as software available through the Services), shall create any warranty.
14. Limitation of liability
In no event shall KONAMI Entities be liable for any 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: (i) the use of or inability to use the Services; or (ii) any site or service linked from the Services; or (iii) the terms of this Agreement. In no event shall the aggregate liability of KONAMI and/or any of the 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 Services or any site or service linked from the Services exceed the amount you pay, if any, to KONAMI for such activity. Some states or countries do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15. Indemnification
You agree to indemnify KONAMI, each of the KONAMI Entities and each of their affiliates and agents from any third-party lawsuits, claims, demands, damages, liabilities and costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Services in breach or alleged breach of the covenants, representations or warranties in this Agreement.
16. Suspension or termination
16.1. If you breach this Agreement or any of the other applicable terms, or if KONAMI suspects, in KONAMI’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, KONAMI may immediately:
(a) suspend or limit your access to the Services; or
(b) terminate your account (if applicable).
16.2. Notwithstanding any other provision in this Agreement 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 Goods if KONAMI suspects, in its sole discretion, that:
(a) you have used any Virtual Good(s) in violation of this Agreement, and/or any other applicable terms; and/or
(b) you have otherwise used any Virtual Good(s) to conduct any fraudulent or illegal activity.
16.3. KONAMI may modify, suspend, discontinue or prohibit you from accessing the Services (or any portion of the Services) upon one months’ notice, for any reason, acting reasonably. In such instances, upon termination, your license to access and use the Services and any Materials (including any Virtual Currency and Virtual Goods) shall be automatically terminated or suspended, as applicable. KONAMI shall not be required to provide refunds, benefits or other compensation to you in connection with such termination or suspension.
17. Termination by you
If you delete the Services from your device, your Virtual Goods may no longer be usable. Unless otherwise notified via a separate notification from KONAMI, you cannot transfer, assign, give away or request refund for your Virtual Goods.
18. No Assignment
You may not lend, license, assign or succeed to any third party all or part of your rights, obligations, status or interests to use the Services.
19. Variations depending on country or region
You hereby acknowledge and agree that the Services may vary depending on countries/regions to comply with applicable laws and regulations.
20. Severability
If any provision of this Agreement, or the Services thereof to any person, place or circumstance, shall be held to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, and the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
21. Waivers
21.1. No waiver by KONAMI of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instance, 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.
21.2. KONAMI’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any terms contained in this Agreement or of KONAMI’s legal rights.
22. Language
This Agreement have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users only. If there is any discrepancy in the meaning or interpretation of this Agreement between the English version and any translated version of this Agreement, the meaning and interpretation of this Agreement prepared in English shall prevail.
23. Governing Law
23.1. The terms of this Agreement, your access to and use of the Services and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or your access to and use of the Services or the subject matter or formation of this Agreement shall be governed by and construed in accordance with the laws of England and Wales.
23.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or this Agreement or its subject matter or formation.
24. How to contact us
You can contact KONAMI with queries about the Services or the terms of this Agreement by:
- Visiting: https://www.konami.com/games/
KONAMI is not responsible or liable for any information it provides in response to, or for any failure or delay in responding to, any questions, comments or other materials in respect of the Services.
1. Your agreement to these terms
1.1. This user agreement (Agreement) sets out the terms and conditions governing your use of Konami Digital Entertainment B.V.’s (KONAMI) video game products and services, including game software, applications, downloadable content and updates to the foregoing and related online and offline services (collectively Services).
1.2. By accessing or using the Services, you agree to comply with this Agreement. If you do not agree to the terms of this Agreement, you may not access or use the Services.
1.3. KONAMI reserves the right to modify the Agreement. In such a case, KONAMI will indicate to you within the Services that it intends to modify the Agreement, and unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon first using the Services after such modifications. If you do not agree to such modifications, you may no longer use the Services.
2. Platform Terms
2.1. Access to the Services may be subject to acceptance and compliance with the terms and conditions, rules and policies of the platform provider through which you access or use the Services (Platform Terms).
2.2. The platforms through which you access the Services are referred to in this document as the Platforms, and the providers of such Platforms are referred to as Platform Providers.
2.3. KONAMI is not affiliated with Platform Providers, has no control over Platform Terms, and is not responsible for the Platform Providers acts or omissions. KONAMI is solely responsible for the Services, not the Platforms or the Platform Providers.
2.4. Pursuant to the Platform Terms, you may be required to register an account (Platform Account) in order to access or use the Services via the Platform. You are responsible for maintaining the confidentiality of the Platform Account, and you are fully responsible for all interactions with the Services that occur in connection with, or through, your Platform Account. You agree that any actions made using your Platform Account shall be deemed to be the actions made by you. KONAMI is not liable for any loss or damage arising from your use of your Platform Account and/or your failure to comply with any of the foregoing obligations.
3. Legal capacity and parental or legal guardian consent
3.1. IF YOU ARE UNDER 18 YEARS OF AGE (OR UNDER THE AGE OF LEGAL CAPACITY IN YOUR COUNTRY OF RESIDENCE, IF DIFFERENT), YOUR PARENT OR LEGAL GUARDIAN MUST READ AND ACCEPT THIS AGREEMENT FOR YOU.
3.2. If you do not know whether you have reached the age of legal capacity where you live, or do not understand any part of this Agreement, please do not use the Services before you have asked your parent or legal guardian for help.
3.3. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by the terms of this Agreement and you are responsible for supervising your minor in the use of the Services, including in respect of any purchases.
3.4. Parents and legal guardians are recommended to utilise appropriate parental controls (where available) on devices, or the Platforms, used by their children.
4. Intellectual Property and Licence
4.1. All intellectual property rights in the Services, and any information and materials available or incorporated within the Services, such as text, audio-visual materials, Virtual Currency (as defined below) and Virtual Goods (as defined below) (collectively, Materials) throughout the world belong to KONAMI (or KONAMI’s licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, Services or Materials other than the right to use them in accordance with this Agreement.
4.2. KONAMI grants to you a personal, limited, revocable, non-transferable licence to access and use the Services and Materials solely as incorporated therein, solely for your personal, non-commercial uses and in the manner as may be provided for by a Platform. Nothing in this Agreement, or in the Services, grants or should be construed as granting any license or right to make commercial use of the Services, Materials or other KONAMI or third-party copyrighted materials, trademarks or intellectual property without KONAMI’s prior written consent.
5. User Content
5.1. Any content you create or generate in respect of, or incorporating material from within, the Services (User Content), is your responsibility. This includes:
(a) ensuring that you obtain any necessary consents or licenses from any third party in respect of the User Content; and
(b) any publishing or posting of the User Content online or elsewhere.
KONAMI is not responsible or liable for any User Content.
5.2. User Content shall include:
(a) any content captured from use of the Services (such as gameplay images and footage); and
(b) content generated through features of the Services whether for use within the Services or otherwise (such as maps, scenarios, designs, items, characters and any other content which is capable of being generated as part of the Services).
5.3. You may not upload online (such as on social media platforms or video sharing websites), or publish elsewhere, any User Content that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
5.4. Where the Services allow you to create User Content and use it within the Services, KONAMI may, in its sole discretion, remove, edit or disable any such User Content for any reason, including if the User Content breaches the terms of this Agreement.
5.5. In respect of any User Content, you hereby grant to KONAMI a non-exclusive, royalty-free, perpetual, transferable, worldwide, sublicensable license to use, publish, reproduce, modify, edit, combine with other works, create derivative works, publicly perform or display, otherwise exploit the User Content, in whole or in part, using any present or future methods or means. You hereby confirm that no sums of any kind shall be payable to you or any third party.
6. Rules of Conduct
6.1. While using the Services, you will comply with all applicable laws, rules and regulations.
6.2. In using the Services, you shall respect the rights and dignity of others.
6.3. Your use of the Services is conditioned upon your compliance with rules of conduct set forth in this section. Failure to comply with such rules may result in termination of your license to use and access the Services.
6.4. You agree that you will not:
(a) post, transmit or otherwise make available, through or in connection with the Services:
(i) anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary rights without the express prior consent of the owner of such right; (f) related to alcohol or the sale of tobacco products, ammunition or firearms; or (g) related to wagering or gambling;
(ii) any material that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking”, “cracking” or “phreaking”;
(iii) any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
(iv) any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter, “pyramid scheme” or investment opportunity, or any other form of solicitation; and
(v) any material, non-public information about a company without proper authorization to do so,
(b) use the Services for any fraudulent or unlawful purpose;
(c) attempt to gain for yourself or any other person any unfair advantage with respect to use of the Services, including use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, or by exploiting any bugs or errors in the Services. You also agree not to inform any person (other than KONAMI) of such bugs or errors;
(d) use the Services in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software;
(e) use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable data/information about other users of the Services;
(f) impersonate any person or entity, including without limitation any representative of KONAMI; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that KONAMI endorses any statement that you make;
(g) interfere with or disrupt operation of the Services or any servers or networks used to make the Services available, including without limitation taking any action that imposes an unreasonable or disproportionately large load upon the Services or upon such servers or networks; or violate any requirements, procedures, policies or regulations of such networks;
(h) restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services);
(i) use the Services to advertise or offer to sell or buy any goods or services;
(j) license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute or otherwise exploit for any commercial purposes, any portion of, use of or access to the Services;
(k) reproduce, modify, adapt, publish, distribute, broadcast, make derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Services without KONAMI’s prior approval;
(l) remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services;
(m) frame or mirror any part of the Services without KONAMI’s express prior written consent;
(n) create a database by systematically downloading and storing the Services and/or Materials;
(o) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather Materials or reproduce or circumvent the navigational structure or presentation of the Services without KONAMI’s express prior written consent;
(p) prostitute a child, exploit a child for pornography or engage in acts likely to constitute child abuse, or engage in acts that will or may have a bad influence on or encourage bad behaviour among minors (including encouraging minors to drink, smoke or gamble, posting information relating to the adult or sex entertainment industry and soliciting minors to access sites inappropriate for use by minors);
(q) engage in acts that encourage or assist suicide or drug abuse, or any act leading to meetings for the purpose of sexual or obscene acts;
(r) post or ask for information that can identify or enable direct access to an individual (such as a telephone number, e-mail address and SNS service account);
(s) campaign for election campaigns, campaign or participate in politics or other similar acts;
(t) post, publish, collect or accumulate personal data of third parties (including addresses, e-mail addresses, telephone numbers, credit card numbers and account numbers);
(u) conduct real money trading, transfer, sale, purchase, convert of Platform Accounts, data (including personal data), characters or items in the Services into cash, purchase or sale of property or information (including personal) through the foregoing or any act or statement comparable to the foregoing;
(v) unless explicitly permitted by KONAMI, assign, exchange, lend or license data, characters or items in the Services, or act or state something comparable to the foregoing;
(w) use any program defects of the Services or any other problematic phenomenon or effect to gain a benefit or for other improper purpose;
(x) engage in any act that instigates, encourages or abets any acts set forth in this section; and
(y) engage in any other acts KONAMI determines to be inappropriate.
7. Virtual Goods and Virtual Currency
7.1. KONAMI may provide you with an opportunity to purchase personal, limited, revocable, non-transferable licenses to access and use virtual goods (Virtual Goods) solely within the Services to which those Virtual Goods relate and solely for your personal, non-commercial uses. Once you purchase any Virtual Goods, such Virtual Goods are not returnable, exchangeable, or refundable.
7.2. Depending on the functionality of the Services, purchases of Virtual Goods may be made using:
(a) direct payments by you; or
(b) virtual currency (such as, virtual coins, tokens, or points), which may be earned or purchased through the Services or from one of KONAMI’s approved third-party providers (Virtual Currency).
Notwithstanding anything to the contrary in this Agreement or in the Services, you agree that you have no right or title to any Materials, including without limitation any Virtual Goods and/or “earned” or “purchased” Virtual Currency, and that such Virtual Goods and/or Virtual Currency do not constitute or represent any balance of real currency or other stored value or its equivalent.
7.3. You may not sublicense, lease, lend, sell, gift, bequeath, trade, transfer or provide use or access to any Virtual Goods and/or Virtual Currency, except as expressly provided by KONAMI, and any such act or attempted act is prohibited and void.
7.4. You shall not attempt to use or access any Virtual Goods and/or Virtual Currency that you have not personally licensed or acquired from KONAMI or from one of KONAMI’s approved third-party providers. If you leave a balance of purchased Virtual Currency unused for a period of time or if KONAMI terminates or suspend access to and/or use of the Services, KONAMI may process your balance in accordance with KONAMI’s legal obligations, including by submitting funds associated with your purchased Virtual Currency balance to the appropriate governing body where required by applicable law.
7.5. If you wish to purchase Virtual Currency made available by KONAMI through the Services (each such purchase, a Transaction), you may be asked to supply certain information relevant to your Transaction. Such information may include payment information (such as your credit/debit card number and its expiration date and billing address), and other information required to make payment (such as your name and address) (collectively Payment Information). The purchase and use of any Virtual Currency is governed by such terms and conditions as may be notified to you (including within the Services).
7.6. You represent and warrant that you have the legal right to use any payment method utilised in connection with any Transaction and that you are in compliance with any terms and conditions applicable to such payment methods, and you agree that you are responsible for any use of your payment methods by minors.
7.7. By submitting the Payment Information, you grant KONAMI the right to provide the Payment Information to third parties for purposes of facilitating completion of Transactions initiated by you or on your behalf. Verification of the Payment Information may be required prior to acknowledgment or completion of any Transaction.
7.8. You agree that Virtual Currency:
(a) has no monetary value and has no value outside the Services;
(b) may not be sold, traded, transferred, or exchanged for cash; and
(c) is non-refundable (including any unused Virtual Currency).
8. Saved Data
KONAMI does not warrant that data or record of your use of the Services, or any save files, (Saved Data) will be preserved, or be usable, without error, bugs, corruption or loss. KONAMI may add, modify, make changes to, or delete Saved Data without obtaining your prior approval where (in its sole discretion) it deems necessary to maintain operation of the Services or it is in the users’ interest. KONAMI reserves the right to delete Saved Data that is not used for a long period of time.
9. Monitoring, Deleting and Blocking
9.1. KONAMI reserves the right, but is not obligated, to monitor and, in its sole discretion, to delete any materials and postings or to block (or request that Platform Providers block) users who have posted materials or acted in a manner, in each case, that KONAMI believes to violate this Agreement or to be unsuitable for the Services.
9.2. KONAMI also reserves the right to disclose any posting, the circumstances surrounding its transmission, and the identity of the poster, including without limitation in order to operate the Services properly, to protect KONAMI, its affiliated companies and other Services users, and to comply with legal obligations or governmental requests.
10. Personal Data
Any personal information collected and used by KONAMI in connection with your use of the Services will be handled in accordance with KONAMI’s privacy notice separately presented to you when using the Services.
11. Giveaways, sweepstakes, contests and similar promotions
Any giveaways, sweepstakes, contest, raffles and other promotions made available through the Services (Promotion) may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you agree to comply with those rules, which may vary from terms and conditions set forth herein. With respect to any Promotion, in the event of any conflict between terms and conditions of such Promotion and this Agreement, the terms and conditions of such Promotion shall prevail.
12. Third-Party Services
The Services may provide you with opportunities to use services provided by, and/or link to websites, services, products, content or other material owned by or operated by third parties (including, without limitation, Platform Providers) (Third-Party Services). You acknowledge and agree that KONAMI does not endorse and is not responsible or liable for any such Third-Party Services, and that you access and use such Third-Party Services at your own risk. KONAMI encourages you to review the privacy notices/policies and terms of use policies made available to you by such third parties. You acknowledge and agree that your use of Third-Party Services is at your own risk and is subject to terms and conditions of use applicable to such Third-Party Services.
13. Disclaimer of Warranties
13.1. KONAMI makes no guarantees or warranties of any kind, express or implied, regarding the Services. Your access to and use of the Services is at your own risk. The Services are provided “AS IS” and KONAMI is not responsible for their use or misuse by you. Access to and use of the Services from locations where the Services may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
13.2. Without limiting the generality of the foregoing, KONAMI disclaims, to the maximum extent permitted by law, any and all:
(a) warranties of merchantability or fitness for a particular purpose (including suitability of the Services for your needs or requirements or those of any other person);
(b) warranties against infringement of any third-party intellectual property or proprietary rights;
(c) warranties relating to the accuracy, reliability, correctness or completeness of the Services;
(d) warranties relating to operation of the Services (including delays, interruptions, errors, viruses, defects or omissions);
(e) warranties otherwise relating to performance, non-performance or other acts or omissions by KONAMI or any third party; and
(f) warranties that may arise in the course of dealing, course of performance or usage of trade.
Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
13.3. KONAMI and its affiliates, licensors, suppliers, advertisers, sponsors and agents, and each of their subsidiaries or affiliated entities and owners, shareholders, general and limited partners, directors, officers and employees of the foregoing entities (KONAMI Entities) provide no warranty that: (i) your use of the Services will be uninterrupted, error-free or secure, that defects will be corrected; or (ii) the Services or the server(s) on which the Services are hosted are free from viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment and (where applicable) an internet connection needed to access and use the Services, and all charges related thereto. You assume all responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice or statement of any KONAMI Entities, or of any user, visitor or fan of or to the Services, whether made in the Services or using any materials (such as software available through the Services), shall create any warranty.
14. Limitation of liability
In no event shall KONAMI Entities be liable for any 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: (i) the use of or inability to use the Services; or (ii) any site or service linked from the Services; or (iii) the terms of this Agreement. In no event shall the aggregate liability of KONAMI and/or any of the 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 Services or any site or service linked from the Services exceed the amount you pay, if any, to KONAMI for such activity. Some states or countries do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15. Indemnification
You agree to indemnify KONAMI, each of the KONAMI Entities and each of their affiliates and agents from any third-party lawsuits, claims, demands, damages, liabilities and costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Services in breach or alleged breach of the covenants, representations or warranties in this Agreement.
16. Suspension or termination
16.1. If you breach this Agreement or any of the other applicable terms, or if KONAMI suspects, in KONAMI’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, KONAMI may immediately:
(a) suspend or limit your access to the Services; or
(b) terminate your account (if applicable).
16.2. Notwithstanding any other provision in this Agreement 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 Goods if KONAMI suspects, in its sole discretion, that:
(a) you have used any Virtual Good(s) in violation of this Agreement, and/or any other applicable terms; and/or
(b) you have otherwise used any Virtual Good(s) to conduct any fraudulent or illegal activity.
16.3. KONAMI may modify, suspend, discontinue or prohibit you from accessing the Services (or any portion of the Services) upon one months’ notice, for any reason, acting reasonably. In such instances, upon termination, your license to access and use the Services and any Materials (including any Virtual Currency and Virtual Goods) shall be automatically terminated or suspended, as applicable. KONAMI shall not be required to provide refunds, benefits or other compensation to you in connection with such termination or suspension.
17. Termination by you
If you delete the Services from your device, your Virtual Goods may no longer be usable. Unless otherwise notified via a separate notification from KONAMI, you cannot transfer, assign, give away or request refund for your Virtual Goods.
18. No Assignment
You may not lend, license, assign or succeed to any third party all or part of your rights, obligations, status or interests to use the Services.
19. Variations depending on country or region
You hereby acknowledge and agree that the Services may vary depending on countries/regions to comply with applicable laws and regulations.
20. Severability
If any provision of this Agreement, or the Services thereof to any person, place or circumstance, shall be held to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, and the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
21. Waivers
21.1. No waiver by KONAMI of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instance, 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.
21.2. KONAMI’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any terms contained in this Agreement or of KONAMI’s legal rights.
22. Language
This Agreement have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users only. If there is any discrepancy in the meaning or interpretation of this Agreement between the English version and any translated version of this Agreement, the meaning and interpretation of this Agreement prepared in English shall prevail.
23. Governing Law
23.1. The terms of this Agreement, your access to and use of the Services and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or your access to and use of the Services or the subject matter or formation of this Agreement shall be governed by and construed in accordance with the laws of England and Wales.
23.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or this Agreement or its subject matter or formation.
24. How to contact us
You can contact KONAMI with queries about the Services or the terms of this Agreement by:
- Visiting: https://www.konami.com/games/
KONAMI is not responsible or liable for any information it provides in response to, or for any failure or delay in responding to, any questions, comments or other materials in respect of the Services.