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Terms of Service for Online Ranking
PLEASE READ CAREFULLY THESE TERMS OF SERVICE FOR ONLINE RANKING (“Service Terms”) BEFORE ACCESSING OR USING THE ONLINE RANKING (The “Service”). The Service is made available to you by Konami Digital Entertainment Co., Ltd. (“Konami”) subject to these Service Terms.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THESE SERVICE TERMS, in addition to any terms and conditions imposed by (1) Konami for your use of the application through which you access the Service (“Konami Terms”), and/or (2) distribution platform on or through which you download or otherwise access the Service (“Platform Terms”), if any. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, KONAMI TERMS AND/OR PLATFORM TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE SERVICE TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO THESE SERVICE TERMS.
1. You must be logged-in to Steam, the third-party service provided by Valve Corporation, to use the Service.
2. Konami may delete the data it retains in relation to your use of the Service, including but not limited to, registered online ranking data (“Data”) in the case where Konami reasonably determines that such Data:
(a) relates to the use of the Service for any purpose that is fraudulent, unlawful, or otherwise improper, including but not limited to, cheating;
(b) may cause harm to the Service, including but not limited to, broken or abnormal Data that may lead to errors and malfunctions of the Service or put excess load on the Service; or
(c) is generated from any unusual, irregular, or abnormal use of the Service.
3. Konami may change, suspend, or terminate the Service at any time with or without prior notice. Konami makes no guarantee that the Service will be available at all times or without interruption.
4. To the maximum extent permitted by applicable law: Konami makes no guarantees or warranties of any kind, express or implied, regarding the Service; your access to and use of the Service is at your own risk; and the Service is provided “AS IS” and Konami is not responsible for its use or misuse, provided that there is no intentional or grossly negligent act carried out by Konami. Access to and use of the Service from locations where the Service may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KONAMI DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SERVICE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE SERVICE, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SERVICE OR THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE (INCLUDING WITH RESPECT TO DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OMISSIONS, OR THE SECURITY OF ANY SUBMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY KONAMI OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE, AND FOR ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY KONAMI ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE SERVICE, WHETHER MADE ON THE SERVICE OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE SERVICE), SHALL CREATE ANY WARRANTY.
5. NEITHER KONAMI NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, OR AGENTS, NOR ANY SUBSIDIARIES, AFFILIATED ENTITIES, OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY OF THE FOREGOING ENTITIES (COLLECTIVELY WITH KONAMI, THE “KONAMI ENTITIES”) SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATING 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 CONNECTION WITH THE SERVICE, ANY CHANGES THERETO OR AVAILABILITY THEREOF, OR ANY OTHER SUBJECT MATTER OF THESE SERVICE TERMS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KONAMI ENTITIES ARISING OUT OF OR RELATING TO THE FOREGOING EXCEED THE GREATER OF (A) THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR ACCESS TO AND USE OF THE SERVICE, OR (B) TEN U.S. DOLLARS.
6. These Service Terms are governed by and shall be construed in accordance with the laws of Japan without giving effect to any choice of legal rule that would cause Service of laws of any jurisdiction other than Japan. All disputes and controversies arising out of or in connection with these Service Terms shall be resolved exclusively by courts located in Tokyo, Japan, and you hereto agree to submit to the jurisdiction of said courts and agree that the venue shall lie exclusively with such courts.
7. These Service Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Konami. If any provision of these Service Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Service Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Service Terms without Konami’s express prior written consent and any attempted assignment, transfer, or sublicense will be void and without affect. Konami may assign, transfer, or sublicense any or all of Konami’s rights or obligations under the Service Terms without restriction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and Konami relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Konami relating to such subject matter. Notices to you may be made via posting to the Service, by email, or by regular mail, in Konami’s discretion. The Service may also provide notices of changes to the Service Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of the Service Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Service Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Konami shall not be responsible for failures to fulfill any obligations due to causes beyond its control.
PLEASE READ CAREFULLY THESE TERMS OF SERVICE FOR ONLINE RANKING (“Service Terms”) BEFORE ACCESSING OR USING THE ONLINE RANKING (The “Service”). The Service is made available to you by Konami Digital Entertainment Co., Ltd. (“Konami”) subject to these Service Terms.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THESE SERVICE TERMS, in addition to any terms and conditions imposed by (1) Konami for your use of the application through which you access the Service (“Konami Terms”), and/or (2) distribution platform on or through which you download or otherwise access the Service (“Platform Terms”), if any. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, KONAMI TERMS AND/OR PLATFORM TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE SERVICE TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO THESE SERVICE TERMS.
1. You must be logged-in to Steam, the third-party service provided by Valve Corporation, to use the Service.
2. Konami may delete the data it retains in relation to your use of the Service, including but not limited to, registered online ranking data (“Data”) in the case where Konami reasonably determines that such Data:
(a) relates to the use of the Service for any purpose that is fraudulent, unlawful, or otherwise improper, including but not limited to, cheating;
(b) may cause harm to the Service, including but not limited to, broken or abnormal Data that may lead to errors and malfunctions of the Service or put excess load on the Service; or
(c) is generated from any unusual, irregular, or abnormal use of the Service.
3. Konami may change, suspend, or terminate the Service at any time with or without prior notice. Konami makes no guarantee that the Service will be available at all times or without interruption.
4. To the maximum extent permitted by applicable law: Konami makes no guarantees or warranties of any kind, express or implied, regarding the Service; your access to and use of the Service is at your own risk; and the Service is provided “AS IS” and Konami is not responsible for its use or misuse, provided that there is no intentional or grossly negligent act carried out by Konami. Access to and use of the Service from locations where the Service may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KONAMI DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SERVICE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE SERVICE, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SERVICE OR THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE (INCLUDING WITH RESPECT TO DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OMISSIONS, OR THE SECURITY OF ANY SUBMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY KONAMI OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE, AND FOR ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY KONAMI ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE SERVICE, WHETHER MADE ON THE SERVICE OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE SERVICE), SHALL CREATE ANY WARRANTY.
5. NEITHER KONAMI NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, OR AGENTS, NOR ANY SUBSIDIARIES, AFFILIATED ENTITIES, OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY OF THE FOREGOING ENTITIES (COLLECTIVELY WITH KONAMI, THE “KONAMI ENTITIES”) SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATING 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 CONNECTION WITH THE SERVICE, ANY CHANGES THERETO OR AVAILABILITY THEREOF, OR ANY OTHER SUBJECT MATTER OF THESE SERVICE TERMS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KONAMI ENTITIES ARISING OUT OF OR RELATING TO THE FOREGOING EXCEED THE GREATER OF (A) THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR ACCESS TO AND USE OF THE SERVICE, OR (B) TEN U.S. DOLLARS.
6. These Service Terms are governed by and shall be construed in accordance with the laws of Japan without giving effect to any choice of legal rule that would cause Service of laws of any jurisdiction other than Japan. All disputes and controversies arising out of or in connection with these Service Terms shall be resolved exclusively by courts located in Tokyo, Japan, and you hereto agree to submit to the jurisdiction of said courts and agree that the venue shall lie exclusively with such courts.
7. These Service Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Konami. If any provision of these Service Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Service Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Service Terms without Konami’s express prior written consent and any attempted assignment, transfer, or sublicense will be void and without affect. Konami may assign, transfer, or sublicense any or all of Konami’s rights or obligations under the Service Terms without restriction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and Konami relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Konami relating to such subject matter. Notices to you may be made via posting to the Service, by email, or by regular mail, in Konami’s discretion. The Service may also provide notices of changes to the Service Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of the Service Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Service Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Konami shall not be responsible for failures to fulfill any obligations due to causes beyond its control.