Last Updated : 03.03.2017
Konami Digital Entertainment Co., Ltd. (“Konami”) appreciates your interest in Konami’s application entitled “SUPER BOMBERMAN R” (together with any Materials, as defined below, the “Application”) , the online services of the software entitled, “SUPER BOMBERMAN R” on the platform, “NINTENDO Switch” (“Platform”). These terms and conditions (the “Konami Terms”) apply to you who use this Application in the country other than Japan. By accessing or using the Application, you agree to comply with the Konami Terms, in addition to the terms and conditions (collectively, the “Platform Terms”) provided by platform venders (the “Platformer”). If you do not agree to the Konami Terms and Platform Terms, you may not access or use the Application. Please note that Konami is unaffiliated with platform venders; has no control over the Platform Terms; and is not responsible for platform vender’s acts or omissions.
1. Modification of Konami Terms. Konami may modify the Konami Terms from time to time. In such a case, Konami will notify you through the Application that it intends to modify the Konami Terms, at least 7 days prior to the day the modifications will be made (“Advance Notice Period”). Unless explicitly stipulated otherwise, modifications to the Konami Terms will come into effect with the expiration of the Advance Notice Period. You agree that you will re-visit the Konami Terms as appropriate. In particular, if there has been a notice of modification, you shall promptly re-visit the Konami Terms regardless of whether the notice was delivered directly to you or simply posted within the Application. If you fail to notice modifications to the Konami Terms, Konami will bear no liability in such regard.
2. 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.
3. 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 the 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.
3-2. Konami may also modify, suspend, discontinue or prohibit you from accessing the Application (or any portion of the Application) at any time, for any or no reason, and without notice to you. In such instances, your license to access and use the Materials 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 terminations or suspensions.
4. 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:
(1) Post, transmit, or otherwise make available, through or in connection with the Application:
(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.
(v) Any material, non-public information about a company without the proper authorization to do so.
(2) Use the Application for any fraudulent or unlawful purpose.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) Interfere with or disrupt the operation of the Application or the servers or networks used to make the Application available, including by taking any action that imposes an unreasonable or disproportionately large load upon the Application or upon such servers or networks; or violate any requirements, procedures, policies, or regulations of such networks.
(8) Restrict or inhibit any other person from using the Application (including without limitation by hacking or defacing any portion of the Application).
(9) Use the Application to advertise or offer to sell or buy any goods or services.
(10) 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.
(11) Modify, adapt, make derivate works of, translate, reverse engineer, decompile, or disassemble any portion of the Application.
(12) Remove any copyright, trademark, or other proprietary rights notice from the Application or materials originating from the Application.
(13) Frame or mirror any part of the Application without Konami’s express prior written consent.
(14) Create a database by systematically downloading and storing Materials.
(15) 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 Application without Konami’s express prior written consent.
(16) Prostitute child, exploit child for pornography or act likely to constitute child abuse; and act that will or may have a bad influence on or encourage bad behavior in minors (including encouraging minors to drink, smoke or gamble, posting information relating to the adult or sex entertainment industry, and soliciting minors to sites inappropriate for use by minors).
(17) Act that encourages or assists suicide or drug abuse, or any act leading to meetings for the purpose of sexual or obscene acts.
(18) Seek a relationship with another person or act that Konami determines is made for the main purpose of causing a relationship (including relationships, acts and socializing limited to within the Application).
(19) Post or ask for information that can identify or enable direct access to an individual (such as telephone numbers, email addresses, and SNS service accounts).
(20) Campaign for Pre-election campaign, campaign, participate in politics, or do other similar acts.
(21) Post, publish, collect or accumulate personal information of third parties (including addresses, email addresses, telephone numbers, credit card numbers, and account numbers).
(22) Conduct real money trading, convert user ID issued by Platformer, 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.
(23) 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.
(24) Use any program defects of the Application, or any other phenomenon or effect having problems to gain a benefit or for other improper purpose.
(25) Conduct any act that instigates, encourages, or abets any acts set forth in this Section.
(26) Conduct any other acts Konami determines to be inappropriate.
5. Accounts and Passwords. Your user name and password required to access the Application are for your personal use only, and not for use by any other person. You may not sublicense, lease, lend, sell, gift, bequeath, trade, transfer or provide use or access to any user names or passwords or associated account settings (including any game-related information), and any such act or attempted act is prohibited and void. You shall not attempt to use or access the Application with any user name or password that you did not personally register with the Platformer. You are responsible for maintaining the confidentiality of any password you may use to access the Materials or areas of the Application, and you are fully responsible for all interaction with the Application that occurs in connection with your password or user name. All access to the Application by your user name shall be deemed as the access by yourself and we are not liable for any loss or damage arising from any third party’s use of your user name.
6. Saving Data. Your ranking data of the Application and any other data related to the Application (collectively, "Saved Data") will be stored on a server under the control of the Platformer corresponding to each user name. Konami does not warrant that the Saved Data will be preserved without error, or will be read out without fail. You agree that you have been advised in advance that, in the event that Konami finds it necessary to maintain operations of the Application or if Konami determines in its sole discretion that it is against many users interest, Konami may add, modify or make changes (including deletion) to Saved Data without obtaining your prior approval.
7. Monitoring, Deleting, and Blocking. 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 Platformers block) users who have posted materials or acted in a manner, in each case, that Konami believes to violate the Konami Terms or to be unsuitable for the Application. Konami’s decision not to pursue legal action for any violation of the Konami Terms shall not be construed as a waiver of the Konami Terms or of Konami’s legal rights. 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 Application properly, to protect Konami, its affiliated companies, and other Application users, and to comply with legal obligations or governmental requests.
8. Questions About Konami’s Products or Services. The Application may not be the most effective way to inform us that you need help with one of Konami’s products or services. The method of any inquiries concerning the Application is stipulated in the Application. If you’d like to tell us about a specific problem, please contact us according to such method, and we will try to respond when possible. 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 posted to the Application.
9. Sweepstakes, Contests, and Similar Promotions. Any sweepstakes, contest, raffles, and other promotions made available through the Application (“Promotions”) may be governed by specific rules that are separate from the Konami Terms. By participating in any such Promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. With respect to any Promotion, in the event of any conflict between the terms and conditions of a Promotion and the Konami Terms, the Promotion terms and conditions shall govern.
11. 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.
11-2. 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.
11-3. 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.
12. 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, (I) THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ACTIVITY OR (II) TEN(10) USD, WHICHEVER IS HIGHER. 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.
13. 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.
14. Suspension or termination. If you breach Konami Terms or any of the other applicable terms, or if Konami suspects, in Konami’s sole discretion, fraudulent, abusive or unlawful activity associated with your user name, or if you breach any agreements in connection with the services other than the Application with Konami, or if your user name is cancelled, Konami may immediately (a) suspend or limit your access to the Application, or (b) invalidate your access right to the Application. In addition, we reserve the right to discontinue or modify the Application at any time at our sole discretion, without any further liability to you. If Konami suspends or invalidate your access right to the Application for any reason, you must discontinue any use of the Application.
14-2. You may cancel the Application at any time.
14-3. If provision of the Application to you terminates for any reason, you agree that 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.
15. Force Majeure. If provision of the Application becomes impossible because of force majeure, including, natural disaster, fire, power outage, war, civil disturbance, insurrection, Konami may suspend or terminate the Application without any notice, and shall bear no liability whatsoever for any damage, losses, disadvantages, and the like incurred as a result.
16. 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 hereby agree to submit to the jurisdiction of said courts and agree that venue shall lie exclusively with such courts.
17. 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.
18. 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.
19. Severability. If any provision of the 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 the Konami Terms, and the remainder of the Konami Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
20. Waiver. No waiver by Konami of any term, provision or condition of Konami Terms, 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 Konami Terms.
21. Contact Information for Inquiries.
The method of any inquiries concerning the Konami Terms is stipulated in the Application.
22. Language. The Konami Terms have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of the Konami Terms, the meaning and interpretation of the Konami Terms prepared in English shall prevail.