| Language: |
Last Updated : 9/4/2018
Konami Digital Entertainment Co., Ltd. (“Konami”) appreciates your interest in Konami’s application entitled “ZONE OF THE ENDERS THE 2nd RUNNER : M∀RS” (together with any Materials, as defined below, the “Application”). By accessing or using the Application, you agree to comply with these terms and conditions (the “Konami Terms”), in addition to the terms and conditions provided by the Platformer (the “Platform Terms”).If you do not agree to the Konami Terms and the Platform Terms, you may not access or use the Application. Please note that Konami is unaffiliated with Platformer; has no control over the Platform Terms; and is not responsible for Platformer’s acts or omissions.
Children Under 13: If you are under 13 years old, please do not access or use the Application if the Platform Terms prohibit you to access or use the Platform. If the Platform Terms allow you to access and use the Platform, you may use the Application in accordance with the Platform Terms.
License to Use
Subject to your compliance with the terms and conditions set forth herein, you will obtain the non-exclusive right to download, install on your device, and use the Application (the “License”).
You will be granted one (1) License for each ID used when accessing the application market where the Content is distributed.
Intellectual Property. The information and materials available on the Application, which may include video games and other software applications, and all components thereof such as audiovisual materials (collectively, the “Materials”) are protected by copyright, trademark, and other intellectual property rights, which are owned and controlled by Konami, its affiliated or related entities, or its or their third-party content licensors or suppliers. Subject to your compliance with these Konami Terms, Konami hereby grants to you a personal, limited, revocable, non-transferable license to access and use the Materials solely via the Application and solely for your personal, non-commercial purposes. Nothing contained on the Application grants or should be construed as granting any license or right to make commercial use of any Materials or other Konami or third-party copyrighted materials, trademarks, or intellectual property without Konami’s prior written permission.
Rules of Conduct. While using the Application, you will comply with all applicable laws, rules, and regulations. Konami expects users of the Application to respect the rights and dignity of others. In addition to the other terms and conditions of the Konami Terms, your use of the Application is conditioned upon your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in the termination of your license to use and access the Application. You agree that you will not:
• Use the Application for any fraudulent or unlawful purpose.
• Attempt to gain for yourself or any other person any unfair advantage with respect to the use of the Application, including by using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software, or by exploiting any bugs or errors in the Application. You also agree not to inform any person (other than Konami) of such bugs or errors.
• Use the Application in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software.
• Use the Application 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 information about other users of the Application.
• 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 Application; or express or imply that Konami endorses any statement that you make.
• Restrict or inhibit any other person from using the Application (including without limitation by hacking or defacing any portion of the Application).
• Use the Application to advertise or offer to sell or buy any goods or services.
• 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 Application.
• Modify, adapt, make derivate works of, translate, reverse engineer, decompile, or disassemble any portion of the Application.
• Remove any copyright, trademark, or other proprietary rights notice from the Application or materials originating from the Application.
• Frame or mirror any part of the Application without Konami’s express prior written consent.
• Conduct real money trading, convert User IDs, data, characters or items in the Application into cash, the purchase or sale of property or information through the foregoing, or any act or statement comparable to the foregoing.
• Unless explicitly permitted by Konami, assign, exchange, lend or license data, characters or items in the Application, or act or state something comparable to the foregoing.
• Use any program defects of the Application, or any other phenomenon or effect having problems to gain a benefit or for other improper purpose.
• Conduct any act that instigates, encourages, or abets any acts set forth in this Section.
• Conduct any other acts Konami determines to be inappropriate.
Links. The Application may provide you with links to websites, services, products, content or other material of third parties. You acknowledge and agree that we do not endorse and are not responsible or liable for any material available through such links, and that you access such material at your own risk. We encourage you to review the privacy and terms of use policies made available to you by such third parties. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Disclaimer of Warranties. We make no guarantees or warranties of any kind, express or implied, regarding the Application. Your access to and use of the Application is at your own risk. The Application is provided “AS IS” and we are not responsible for its use or misuse. Access to and use of the Application from locations where the Application may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE APPLICATION 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 APPLICATION, (IV) WARRANTIES RELATING TO THE OPERATION OF THE APPLICATION (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OR OMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
KONAMI AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, AND EACH OF THEIR SUBSIDIARIES OR AFFILIATED ENTITIES AND THE OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE FOREGOING ENTITIES (COLLECTIVELY WITH KONAMI, THE “KONAMI ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER(S) ON WHICH THE APPLICATION IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE APPLICATION, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY KONAMI ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE APPLICATION, WHETHER MADE ON THE APPLICATION OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE APPLICATION), SHALL CREATE ANY WARRANTY.
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 APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION. 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 APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ACTIVITY. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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 Application, or your breach or alleged breach of the covenants, representations, or warranties of the Konami Terms.
Governing Law. You agree that your access to and use of the Application is governed by the laws of Japan without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than Japan. All disputes and controversies arising out of or in connection with the Application shall be resolved exclusively by the courts located in Tokyo, and you hereto agree to submit to the jurisdiction of said courts and agree that venue shall lie exclusively with such courts.
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 Application.
Connection Restrictions. In using the Application, you shall access from the country/region that Konami designates and shall use the Application designated for such country/region. Konami will not warrant any provision of the Application if you access from or use the Application for countries/regions other than the country/region designated by Konami.
Severability. If any provision of these Konami Terms, or the application 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 these Konami Terms, and the remainder of these Konami Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
WAIVER. No waiver by Konami of any term, provision or condition of Konami Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of Konami Terms.
Contact Information for Inquiries.
The method of any inquiries concerning these Konami Terms is stipulated in the Application..
Additional Terms.
This product uses an application protection and anti-piracy technology provided by Denuvo Software Solutions GmbH, which requires authentication on a regular basis. You need to be connected to the Internet in order to authenticate yourself, and it may generate an exchange of data from and to the servers. Files you may have downloaded for authentication purposes may not be deleted even after you have uninstalled the product.
Konami Digital Entertainment Co., Ltd. (“Konami”) appreciates your interest in Konami’s application entitled “ZONE OF THE ENDERS THE 2nd RUNNER : M∀RS” (together with any Materials, as defined below, the “Application”). By accessing or using the Application, you agree to comply with these terms and conditions (the “Konami Terms”), in addition to the terms and conditions provided by the Platformer (the “Platform Terms”).If you do not agree to the Konami Terms and the Platform Terms, you may not access or use the Application. Please note that Konami is unaffiliated with Platformer; has no control over the Platform Terms; and is not responsible for Platformer’s acts or omissions.
Children Under 13: If you are under 13 years old, please do not access or use the Application if the Platform Terms prohibit you to access or use the Platform. If the Platform Terms allow you to access and use the Platform, you may use the Application in accordance with the Platform Terms.
License to Use
Subject to your compliance with the terms and conditions set forth herein, you will obtain the non-exclusive right to download, install on your device, and use the Application (the “License”).
You will be granted one (1) License for each ID used when accessing the application market where the Content is distributed.
Intellectual Property. The information and materials available on the Application, which may include video games and other software applications, and all components thereof such as audiovisual materials (collectively, the “Materials”) are protected by copyright, trademark, and other intellectual property rights, which are owned and controlled by Konami, its affiliated or related entities, or its or their third-party content licensors or suppliers. Subject to your compliance with these Konami Terms, Konami hereby grants to you a personal, limited, revocable, non-transferable license to access and use the Materials solely via the Application and solely for your personal, non-commercial purposes. Nothing contained on the Application grants or should be construed as granting any license or right to make commercial use of any Materials or other Konami or third-party copyrighted materials, trademarks, or intellectual property without Konami’s prior written permission.
Rules of Conduct. While using the Application, you will comply with all applicable laws, rules, and regulations. Konami expects users of the Application to respect the rights and dignity of others. In addition to the other terms and conditions of the Konami Terms, your use of the Application is conditioned upon your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in the termination of your license to use and access the Application. You agree that you will not:
• Use the Application for any fraudulent or unlawful purpose.
• Attempt to gain for yourself or any other person any unfair advantage with respect to the use of the Application, including by using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software, or by exploiting any bugs or errors in the Application. You also agree not to inform any person (other than Konami) of such bugs or errors.
• Use the Application in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software.
• Use the Application 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 information about other users of the Application.
• 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 Application; or express or imply that Konami endorses any statement that you make.
• Restrict or inhibit any other person from using the Application (including without limitation by hacking or defacing any portion of the Application).
• Use the Application to advertise or offer to sell or buy any goods or services.
• 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 Application.
• Modify, adapt, make derivate works of, translate, reverse engineer, decompile, or disassemble any portion of the Application.
• Remove any copyright, trademark, or other proprietary rights notice from the Application or materials originating from the Application.
• Frame or mirror any part of the Application without Konami’s express prior written consent.
• Conduct real money trading, convert User IDs, data, characters or items in the Application into cash, the purchase or sale of property or information through the foregoing, or any act or statement comparable to the foregoing.
• Unless explicitly permitted by Konami, assign, exchange, lend or license data, characters or items in the Application, or act or state something comparable to the foregoing.
• Use any program defects of the Application, or any other phenomenon or effect having problems to gain a benefit or for other improper purpose.
• Conduct any act that instigates, encourages, or abets any acts set forth in this Section.
• Conduct any other acts Konami determines to be inappropriate.
Links. The Application may provide you with links to websites, services, products, content or other material of third parties. You acknowledge and agree that we do not endorse and are not responsible or liable for any material available through such links, and that you access such material at your own risk. We encourage you to review the privacy and terms of use policies made available to you by such third parties. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Disclaimer of Warranties. We make no guarantees or warranties of any kind, express or implied, regarding the Application. Your access to and use of the Application is at your own risk. The Application is provided “AS IS” and we are not responsible for its use or misuse. Access to and use of the Application from locations where the Application may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE APPLICATION 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 APPLICATION, (IV) WARRANTIES RELATING TO THE OPERATION OF THE APPLICATION (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OR OMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
KONAMI AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, AND EACH OF THEIR SUBSIDIARIES OR AFFILIATED ENTITIES AND THE OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE FOREGOING ENTITIES (COLLECTIVELY WITH KONAMI, THE “KONAMI ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER(S) ON WHICH THE APPLICATION IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE APPLICATION, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY KONAMI ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE APPLICATION, WHETHER MADE ON THE APPLICATION OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE APPLICATION), SHALL CREATE ANY WARRANTY.
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 APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION. 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 APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ACTIVITY. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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 Application, or your breach or alleged breach of the covenants, representations, or warranties of the Konami Terms.
Governing Law. You agree that your access to and use of the Application is governed by the laws of Japan without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than Japan. All disputes and controversies arising out of or in connection with the Application shall be resolved exclusively by the courts located in Tokyo, and you hereto agree to submit to the jurisdiction of said courts and agree that venue shall lie exclusively with such courts.
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 Application.
Connection Restrictions. In using the Application, you shall access from the country/region that Konami designates and shall use the Application designated for such country/region. Konami will not warrant any provision of the Application if you access from or use the Application for countries/regions other than the country/region designated by Konami.
Severability. If any provision of these Konami Terms, or the application 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 these Konami Terms, and the remainder of these Konami Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
WAIVER. No waiver by Konami of any term, provision or condition of Konami Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of Konami Terms.
Contact Information for Inquiries.
The method of any inquiries concerning these Konami Terms is stipulated in the Application..
Additional Terms.
This product uses an application protection and anti-piracy technology provided by Denuvo Software Solutions GmbH, which requires authentication on a regular basis. You need to be connected to the Internet in order to authenticate yourself, and it may generate an exchange of data from and to the servers. Files you may have downloaded for authentication purposes may not be deleted even after you have uninstalled the product.