These Terms and Conditions set forth the terms and conditions for the use by you ("You") of the e-amusement site and the services provided on the e-amusement site(collectively, the "Services") operated by Konami Amusement Co., Ltd. ("Konami"). With Your use of the Services, You agree to follow these Terms and Conditions and to follow all laws and regulations applicable to these Terms and Conditions and Your use of the Services, and a legally-binding agreement concerning Your use of the Services will be formed between Konami and You.
I. General Provisions
1. Defined Terms
2. Effect of these Terms and Conditions
2.1. These Terms and Conditions apply to You if You have selected the country except for Japan as Your "Country" when You have registered KONAMI ID. The ID Terms shall apply to any matters not specified in these Terms and Conditions concerning which the ID Terms contain provisions. If any provision of these Terms and Conditions conflicts with the ID Terms, the provisions of these Terms and Conditions shall prevail. Further, if there are Guidelines, they shall constitute an integral part of these Terms and Conditions, and if such Guidelines contain provisions that conflict with these Terms and Conditions, those provisions of Guidelines shall prevail with regard to Service Components to which the Guidelines apply.
2.2. Konami may revise these Terms and Conditions and Guidelines at its discretion. If Konami revises these Terms and Conditions or Guidelines, the revised Terms and Conditions or Guidelines shall be posted within the Services, and by using the Services after these Terms and Conditions or Guidelines have been posted, You will be deemed to have agreed to the revised Terms and Conditions or Guidelines. You agree to review these Terms and Conditions and Guidelines from time to time. When notice of revision is provided, You shall promptly confirm these Terms and Conditions and Guidelines regardless of whether the notice is delivered directly to You or is posted within the Services. Konami shall bear no liability whatsoever if You overlook revisions to these Terms and Conditions and Guidelines.
2.3. If You are unable to agree to these Terms and Conditions and Guidelines, You may terminate Your use of the Services at any time.
3. Use of the Service
3.1. You are required to have a KONAMI ID to use the Services.
3.2. In addition to the provisions of these Terms and Conditions, Konami may impose certain restrictions on Your use of the Services.
3.3. Konami may refuse Your use of the Service if You fall under either of the following conditions. (1) If You violate terms and conditions prescribed by Konami (including terms and conditions other than those pertaining to the Services) or applicable laws and regulations or has violated any one of these in the past. (2) If there are grounds for Konami to determine that the use of the Services by You is inappropriate.
4. User Information
4.1. Konami may acquire information concerning Your mobile phone, hardware, software, or online connection (including mobile device identification number) in connection with Your use of the Service, or Konami's administration purposes. Depending on the type of the Service, other information may also be required.
5. User Content
5.1. Konami bears no responsibility whatsoever for the content of the User Content that You post to the Services.
5.2. If You want to use Your User Content for commercial purposes or license Your User Content to third parties, You must obtain prior consent from Konami. The provisions of this Section 5.2 shall not preclude Your use of Your User Content for non-commercial purposes. In this Section 5.2, "use for commercial purposes" means the use of Your User Content beyond the use for personal purposes, regardless of whether such use is for a fee or free of charge.
5.3. User Content may be deleted or modified without the user's consent. You may not assert any rights or make any demands or objections concerning the deletion or modification of Your User Content.
6. Saved Data
6.1. Konami makes no warranties whatsoever that Saved Data relating to the use of the Services will be saved without incident or that such Saved Data can be retrieved properly. Konami has the right to modify or delete Saved Data at its sole discretion and without obtaining Your prior approval due to circumstances beyond Konami's control. Further, Konami has the right to delete at its sole discretion, Saved Data that has not been used for an extended period.
7.1. You shall not engage in any of the following conduct when using the Services. (1) Transmitting or posting any messages, information, data, text, software, image files, documents, or the like that; (a) is unlawful, inappropriate, or harmful; (b) infringes on the privacy, intellectual property, or other proprietary rights of other persons; (c) is threatening, abusive, harassing, slanderous, defamatory, cruel, violent, vulgar, or obscene; (d) is false or fraudulent; (e) gives rise to misunderstanding; (f) is discriminatory or prejudicial; and (g) is contrary to public order and morals, disrupts the good order of the Services, or causes discomfort to other users. (2) Conduct that may constitute the commercial sexual exploitation of children, child pornography, or child abuse; conduct that has or contributes to, or that may have or contribute to, an adverse impact on minors (including the encouragement of consumption of alcoholic beverages, smoking, gambling, or the like by minors, posting information relating to the adult or commercial sex industries, and inducing the use of inappropriate sites by minors). (3) Conduct that encourages or furthers suicide or drug abuse and conduct intended to induce dating for the purpose of having sex or obscene conduct. (4) Seeking relationship with others and all conduct deemed by Konami to have as its primary objective the inducement of seeking relationship (including relationship and dating solely within the Services). (5) Posting or asking for information that identifies specific individuals or allows for direct access to specific individuals (including telephone numbers, email addresses, social network service accounts, and the like). (6) Conduct that guides users to or encourages participation in tools or applications with communication functions other than those operated by Konami. (7) Posting or transmitting materials or files that include viruses or harmful data. (8) Deleting or erasing notices and legends concerning ownership of copyrights and other intellectual property rights and other legal notices attached to messages and other content posted or transmitted within the Services by other users. (9) Using the Services in a manner that has an adverse impact on the use of resources by other users. (10) Posting or transmitting unauthorized advertising or publicity materials, junk email, spam, chain email, pyramid schemes, multilevel marketing, or solicitations. (11) Conduct that is deemed as pre-election campaigning, election campaigning, political activity, or other similar conduct. (12) Engaging in conduct using the Services for commercial purposes without obtaining Konami's prior approval; conduct for the purpose of fundraising, campaigns, contributions, donations, aid, or other receipt of money or valuable goods, or for the purpose of raising capital; or religious activities or other inducement to join an organization. (13) Except where expressly approved by Konami, reproducing, redistributing, modifying, adapting, posting, publishing, broadcasting, or giving public performances of the content of the Services without permission. (14) Posting, publishing, gathering, or accumulating personal information of third parties (including addresses, email addresses, telephone numbers, credit card numbers and bank account numbers). (15) Cash transactions (real money trades), exchanging data, characters, items, or the like within the Services for cash, trading goods or information by way of exchanging data, characters, items, or the like within the Services, and other comparable conduct or statements. (16) Except where expressly approved by Konami, transferring, trading, loaning, or sub-licensing data, characters, items or the like within the Services and other comparable conduct or statements. (17) Using program defects or other problematic phenomena or effects in the Service to gain benefit or for other improper purpose. (18) Using homonyms, derived words, misspellings, or phonetically equivalent characters in order to transmit prohibited messages, information, or the like. (19) Engaging in conduct that interferes with or impedes the operation of the Services, such as gaining unauthorized access to the Services or servers and distributing cheat codes or cheat devices. (20) Impersonating or attempting to impersonate Konami, Konami's affiliates, other users, or third parties. (21) Copying, modifying, reverse-engineering, decompiling, disassembling, or reproducing software or programs provided in relation to or included in the Services. (22) Using automatic operating tools, programs, macros, or other tools not approved by Konami. (23) Developing, causing the development of, distributing, or causing the distribution of programs relating to the operation or content of the Services. (24) Providing any false information when using the Services. (25) Using other people's names, brands names, corporate names or other words or phrases to which third parties have rights. (26) Other conduct that Konami determines to be inappropriate.
7.2. If You violate or are likely to violate these Terms and Conditions, in whole or in part, Konami may suspend Your use of the Services, in whole or in part, without notice or warning. Konami shall not bear any liability whatsoever with regard to any damage You may incur as a result of suspension of Your use of the Services pursuant to this Section 7.2. Further, suspension of Your use of the Services as specified in this Section 7.2 shall not preclude Konami from claiming compensation for damage from You.
8. Modification of the Services
8.1. Konami may modify the content of the Services at any time at its discretion and without prior notice. Konami shall bear no liability whatsoever with regard to damage You incur as a result of modification of the Services.
9. Termination of Use or Provision of the Services
9.1. You may terminate the use of all or part of the Services at any time. If You terminate the use of the Services, please follow the termination procedures as specified by Konami.
9.2. Konami may terminate provision of the Services in whole or in part without any prior notice to You.
9.3. If provision of the Service to You terminates for any reason, You agree that Your User Information and Your Saved Data will be deleted, that deleted data cannot be recovered, and that You cannot claim damage to Konami relating to the deleted Saved Data.
9.4. If Konami cancels, stops, suspends or terminates the Services, in whole or in part, regardless of the reason, Konami shall not be held liable from any claims made by You in connection with the cancellation, stoppage, suspension or termination of the Services.
III. Precautions concerning Internet Use
10. Security of Data Transmissions
10.1 While Konami employs at all times the latest communications protection technologies to provide the Services in a secure manner, You acknowledge that with current information technology, in transmissions via the Internet, such risk as data breaches cannot be entirely eliminated, and shall transmit data via the Internet under Your own responsibility. Except in cases where it is not permitted by laws and regulations, Konami shall bear no liability whatsoever with regard to data breaches resulting from the Internet transmissions.
11. Links to Third-Party Websites
11.1 The content of third-party websites to which the Services link or that contain links to the Services are managed under the responsibility of each respective website, and Konami, Konami Group companies, and third parties with which Konami collaborates with regard to the Services are not responsible for those websites.
IV. General Provisions
12.1 Konami does not make the following warranties to You. (1) That the Services can be used under any and all environments; and (2) That the Services can be used without interruption or suspension or that the Services are free of defects.
12.2 Konami makes no warranties whatsoever concerning the accuracy or usefulness of information that is provided to You or that You obtain through the Services.
12.3 Konami shall bear no liability whatsoever for any damage, losses, disadvantages, and the like incurred from the use of the Services or the inability to use the Services.
12.4 If provision of the Services becomes impossible because of force majeure, including, natural disaster, fire, power outage, war, civil disturbance, insurrection, Konami may suspend or terminate the Services without any notice, and shall bear no liability whatsoever for any damage, losses, disadvantages, and the like incurred as a result.
12.5 Konami shall no bear liability for offensive, slanderous, obscene, or unlawful submissions or conduct by You or other users in relation to the Services or Interactive Functions (including User Content).
12.6 Konami shall bear no liability whatsoever with regard to the damage You incur as a result of conduct by other users or third parties. Further, You shall not involve Konami, and Konami will not be involved in disputes arising between You and other users or third parties, and You shall resolve such disputes at Your own expense and under Your own responsibility.
12.7 Konami makes no warranties and shall bear no liability concerning the use of the Services outside of the Territory.
12.8 You shall, under Your own responsibility, strive to maintain a healthy lifestyle and avoid the excessive use of the Services that may cause Your health to deteriorate. Further, Konami shall bear no liability whatsoever with regard to social, mental, or physical damage or harm incurred as a result of the excessive use of the Services.
13.1 Konami has no obligation to monitor the use of the Services (including Interactive Functions), but has the right to administer information transmitted and received through the use of the Services (including User Content) and may monitor such information to the extent necessary for the purpose specified above. By using the Services, You have consented to the monitoring of such information by Konami.
13.2. Konami may access and record the information specified in Section 13.1 during monitoring and is entitled to release such information in accordance with legal, regulatory, or government request. If as a result of such monitoring, Konami determines that any information is undesirable or violates these Terms and Conditions, Konami has the right to delete the information and to refuse transmission or receipt of the information at its discretion.
14. Your Duties
14.1 If You discover conduct by another user or a third party in violation of these Terms and Conditions, You must immediately notify Konami to that effect via the contact information at the end of these Terms and Conditions; provided, however, that investigation, action, and public announcement of such action in relation to that conduct shall be at Konami's discretion.
14.2 You bear all responsibility for the use of the Services and all information transmitted and the conduct performed through Your use of the Services and for the results thereof.
14.3 If You cause damage to Konami or a third party (including cases where a third party or Konami incurs damage as a result of Your failure to perform the duties under these Terms and Conditions), You shall be liable to pay all compensation for damage to Konami or the third party under Your own responsibility and at Your own expense.
15. Copyrights and Other Intellectual Property Rights
15.1 Intellectual property rights including copyrights and other rights relating to all information, including, but not limited to, software, designs, music and text, included in the Services belong to Konami or the providers of the information. You may use the rights specified in this Section 15.1 only to the extent specified separately by Konami.
15.2 Notwithstanding Section 15.1 and subject to Sections 5.2 and 5.3, copyrights to Your User Content belong to You as between Konami and You. You grant to Konami all rights to the use of the copyrights to Your User Content (including the rights specified in Section 21 through Section 28 of the Copyright Law of Japan) and other rights (including the right to license Your User Content to third parties). Further, in this case, You will not exercise moral rights or other rights relating to Your Content against Konami or third parties to whom Konami has licensed Your User Content.
16. Termination by Konami
If any of the following items apply to You, Konami may terminate the provision of the Services to You without any warning or notice to You. Konami shall bear no liability whatsoever with regard to the damage that You incur as a result of termination of the provision of the Services by Konami pursuant to this Section 16.1. (1) If KONAMI ID You use for the Services is canceled; (2) If You violate terms and conditions specified by Konami (including terms and conditions other than those pertaining to the Services) or applicable laws and regulations; (3) If You engage in the prohibited activities specified in Section 7; (4) If it is discovered that Your member registration or the use of a service provided by Konami or a Konami Group company was terminated for reasons attributable to You in the past; or (5) If there are grounds for determining that Your use of the Services would be inappropriate.
17. Compensation for Damage
If Konami or a third party incurs damage as a result of violation of these Terms and Conditions by You or Your conduct, You shall compensate for such damage.
18. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Japan. Application of rules concerning the conflict of laws is expressly excluded. You agree that the Tokyo District Court shall be the exclusive court of jurisdiction concerning these Terms and Conditions.
19. Contact Information Regarding the Services
Contact information regarding the Services is specified on the following website. General contact information regarding the Services: http://eagate.573.jp/inquiry/index.html
Revised on September/20/2018 Revised on August/28/2017 Revised on November/1/2016 Established on March/19/2015