(METAL GEAR SOLID V: THE PHANTOM PAIN)
Last Updated : 09/01/2015
Konami Digital Entertainment Co., Ltd. (“Konami”) appreciates your interest in Konami’s application entitled “METAL GEAR SOLID V: THE PHANTOM PAIN” (together with any Materials, as defined below, the “Application”). By accessing or using the Application, you agree to comply with these terms and conditions (“Konami Terms”), in addition to the terms and conditions provided by Platformers (“Platform Terms”). If you do not agree to Konami Terms and Platform Terms, you may not access or use the Application. Please note that Konami is not affiliated with Platformers; has no control over Platform Terms; and is not responsible for Platformer’s acts or omissions. You can only agree to Konami Terms if you are an "Adult". Acceptance of Konami Terms by a Minor shall be deemed to be made with the agreement of his or her parent(s) or legal guardian.
Konami may modify Konami Terms periodically. In such a case, Konami will indicate to you within the Application that it intends to modify Konami Terms, and unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon first using the Application after such modifications. If you do not agree to such revisions you may no longer use the Application.
Specific rules and regulations of the Application ("Rules") are provided for separately by Konami and form an integral part of Konami Terms. Rules can be found at ("Site"). In the event any terms of Konami Terms conflict with any provisions of Rules, the provisions of Rules shall prevail.
1. Children Under 13: If you are under 13 years old, please do not access or use the Application if Platform Terms prohibit you from accessing or using the Platform. If Platform Terms allow you to access and use the Platform, you may use the Application in accordance with Platform Terms.
2. Intellectual Property. Information and materials available in the Application, which may include video games and other software applications, and all components thereof such as audio-visual materials, Virtual Currency (as defined below) and Virtual Goods (as defined below) (collectively, “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 Konami Terms, Konami hereby grants to you a personal, limited, revocable non-transferable license to access and use Materials solely via the Application and solely for your personal, non-commercial purposes. Nothing contained in Application grants do 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.
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. In such instances, your license to access and use 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.
3. 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 other terms and conditions of Konami Terms, your use of the Application is conditioned upon your compliance with rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your license to use and access the Application. You agree that you will not:
• Post, transmit or otherwise make available, through or in connection with the Application:
- 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.
- 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".
- 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.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without proper authorization to do so.
• Use the Application for any fraudulent or unlawful purpose.
• Attempt to gain for yourself or any other person any unfair advantage with respect to use of the Application, 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 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.
• Interfere with or disrupt operation of the Application or 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.
• 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 derivative 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.
• Create a database by systematically downloading and storing Materials.
• 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.
• Prostitute a child, exploit a child for pornography or engage in act likely to constitute child abuse; or engage in act that will or may have a bad influence on or encourage bad behavior 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).
• Engage in act that encourages or assists suicide or drug abuse, or any act leading to meetings for the purpose of sexual or obscene acts.
• 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 Content).
• Post or ask for information that can identify or enable direct access to an individual (such as telephone number, email address and SNS service account).
• Campaign for Pre-election campaign, campaign or participate in politics or other similar acts.
• Post, publish, collect or accumulate personal information of third parties (including addresses, email addresses, telephone numbers, credit card numbers and account numbers).
• Conduct real money trading, convert User IDs, data, characters or items in the Application into cash, 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 problematic phenomenon or effect to gain a benefit or for other improper purpose.
• Engage in any act that instigates, encourages or abets any acts set forth in this Section.
• Engage in any other acts Konami determines to be inappropriate.
4. Purchases of Virtual Goods. The Application may provide you with an opportunity to purchase personal, limited, revocable, non-transferable licenses to access and use virtual goods (collectively, “Virtual Goods”) solely within the Application and solely for your personal, non-commercial purposes. These purchases may be made using virtual currency (e.g., virtual coins, tokens, or points) (“Virtual Currency”) earned or purchased through the Application or from one of Konami’s approved third-party virtual currency providers. Notwithstanding anything to the contrary in Konami Terms or in the Application, 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. Konami reserves the right to terminate or suspend such licenses at any time, for any or no reason, and without notice to you. Konami shall not be required to provide refunds, benefits or other compensation to you in connection with such terminations or suspensions, except to the extent required by applicable law. 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. You shall not attempt to use or access any Virtual Goods and/or Virtual Currency that you have not personally licensed or acquired from us or from one of Konami’s approved third-party currency providers. If you leave a balance of purchased Virtual Currency unused for a period of time or if we terminate or suspend your access to and/or use of the Application, we 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.
6. Accounts and Passwords. You may be required to register in order to access certain Materials or areas of the Application or to purchase licenses to Virtual Goods. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in Konami’s sole discretion. You shall not hold more than one user name at any given time, and you may not register a user name on behalf of any other individual. You represent and warrant that all information you submit in connection with any registration (including without limitation information related to your identity) is accurate and complete, and that you have not been previously restricted from accessing or using any Konami website or other Konami Internet property or any Konami game or other application.
Your user name and password 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), except as expressly provided by Konami, 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 Konami. You are responsible for maintaining the confidentiality of any password you may use to access Materials or areas of the Application, and you are fully responsible for all interactions with the Application that occur in connection with your password or user name (including, without limitation, all Transactions, as defined above). You agree to immediately notify Konami of any unauthorized use of your password or user name or any other breach of security related to your account or to the Application, and to make reasonable efforts to remedy such breaches (including any breaches relating to known or suspected copyright infringement in connection with the Application), and to ensure that you “log off”/exit from your account with the Application (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Saving Data. Konami does not warrant that data and record of your use of the Application ("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. Konami reserves the right to delete Saved Data that are not used for a long period of time.
8. 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 Konami Terms or to be unsuitable for the Application. Konami’s decision not to pursue legal action for any violation of Konami Terms shall not be construed as a waiver of 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.
9. 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 for making any inquiries concerning the Application is stipulated in the Application. If you would like to inform us about a specific problem, please contact us according to such method. 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.
10. 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 Konami Terms. By participating in any such Promotion, you agree to become subject to 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 a Promotion and Konami Terms, Promotion terms and conditions shall govern.
12. 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 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 IN THE 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 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 FROM 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 IN THE APPLICATION OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE APPLICATION), SHALL CREATE ANY WARRANTY.
13. 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 exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. 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 Konami Terms.
15. 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 account, Konami may immediately (a) suspend or limit your access to the Application, or (b) terminate your account. 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 terminates your account for any reason, you must discontinue any use of the Application, and the right to purchase or use Virtual Goods shall also be suspended or terminated. Notwithstanding any other provision in Konami Terms 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, at its sole discretion, that (a) you have used any Virtual Goods(s) in violation of Konami Terms, and/or any other applicable terms and/or (b) you have otherwise used any Virtual Goods(s) to conduct any fraudulent or illegal activity.
16. TERMINATION BY YOU.
If you delete the Application from your device, your unused Virtual Goods may no longer be usable. You may fail to transfer, assign, give away or request refund for your unused Virtual Goods.
17. 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 legal rule that would cause application of 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 courts located in Tokyo, and you hereto agree to submit to the jurisdiction of said courts and agree that the venue shall lie exclusively with such courts.
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 Application.
19. 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.
20. 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.
21. 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.
22. Contact Information for Inquiries.
The method for making any inquiries concerning Konami Terms is as follows.
Customer Service Department,
Konami Digital Entertainment Co., Ltd.
23. Language. 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 Konami Terms, the meaning and interpretation of Konami Terms prepared in English shall prevail.
Last Updated : 09/01/2015
Konami may modify these Virtual Currency Terms periodically. In such case, Konami will indicate to you within the Application that it intends to modify the Virtual Currency Terms and, unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon your first use of the Application after such modifications. If you do not agree to such revisions you may no longer use the Application.
Specific rules and regulations for the Application ("Rules") are provided for separately by Konami and form an integral part of these Virtual Currency Terms. The Rules can be found at ("Site"). In the event that any terms of Virtual Currency Terms conflict with any provisions of the Rules, the provisions of the Rules shall prevail.
Please note that Virtual Currency and Virtual Goods have no cash value and are not redeemable for any sum of money or monetary value from Konami.
These Virtual Currency Terms apply only to Virtual Currency sold or provided by Konami in the Application.
2. PURCHASE OF VIRTUAL CURRENCY.
Konami reserves the right to refuse or cancel orders for Virtual Currency at any time at Konami’s sole discretion, and Konami may apply limits to the quantity of Virtual Currency you may purchase or have in your account at any one time. Konami may also cancel Virtual Currency if it determines, at its sole discretion, that you received them in error, through fraud or deception, or in any manner not authorized by these Virtual Currency Terms.
3. PROMOTIONAL VIRTUAL CURRENCY.
Konami may issue promotional Virtual Currency using methods designated by Konami, such as through promotional activities or other means that do not require payment ("Promotional Virtual Currency"). Activities eligible to receive Promotional Virtual Currency, quantity of Promotional Virtual Currency issued, terms and conditions for the issuance of Promotional Virtual Currency, as well as other terms and conditions, will be determined by Konami.
4. PURCHASED VIRTUAL CURRENCY.
The purchase price for Virtual Currency or the purchase unit of Virtual Currency may change periodically without notice. The price you will be charged is the price displayed on the final purchase confirmation screen displayed in the Application ("Price"). Virtual Currency that is purchased for real currency may be referred to herein as “Purchased Virtual Currency”.
By purchasing Virtual Currency from Konami through the Application, you authorize Konami or Konami’s designated payment processors to charge your specified payment method for the full purchase amount. When you provide your payment information, including your payment card number, you authorize Konami or Konami’s designated payment processor to store this payment information and any other related information. All sales are final unless Konami informs you otherwise in writing. You will purchase Virtual Currency using the settlement method provided by Platformers. Platformers are responsible for carrying out settlements, and you must comply with rules, terms of sale and other contractual terms and conditions prescribed by Platformers. Konami will not bear any liability whatsoever concerning your use of the settlement method provided by Platformers for purchasing Virtual Currency, and any objections or complaints concerning the settlement method must be settled by making a claim directly to Platformers. Platformers will be solely responsible for sending a receipt upon conclusion of settlement for the Virtual Currency, and you will be deemed to have agreed to accept said receipt in lieu of being sent a receipt by Konami. The purchase of Virtual Currency will become final when you click the purchase button on the final purchase confirmation screen. However, issuance of Virtual Currency may be delayed due to circumstances affecting systems related to the settlement method provided by Platformers.
You are responsible for all applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase and use of Virtual Currency and your licensing of Virtual Goods. If you do not pay the required taxes and fees, you will be responsible for payments of taxes, fees and other penalties that are later determined to be due. Konami reserves the right to collect applicable taxes or other fees from you at any time.
You may redeem or use Virtual Currency only by the method and within the scope prescribed by Konami. Virtual Goods you may license by redeeming Virtual Currency, quantity of Virtual Currency necessary for the license of each Virtual Good and other terms and conditions for using Virtual Currency will be decided on a case-by-case basis for each Virtual Good, and will be displayed in the Application designated separately by Konami. When you use Virtual Currency, and if applicable, Konami will use Promotional Virtual Currency prior to using Purchased Virtual Currency. Konami may, at its sole discretion, place limitations on your redemption of Virtual Currency, such as a limit on the quantity of Virtual Currency you may redeem within a given period, except as may be prohibited by applicable law.
8. LICENSE TO VIRTUAL CURRENCY AND VIRTUAL GOODS.
Notwithstanding any use of the terms "purchase", "buy", "sell", "order" or the like, Virtual Currency and Virtual Goods you obtain using Virtual Currency are licensed, not sold, and you do not obtain title to or any ownership interest in any Virtual Currency or Virtual Goods. Konami retains all rights to the Virtual Goods contained in the Application. Your use of the Virtual Goods will be subject to, and you agree to, Konami Terms. All use of the Virtual Currency and Virtual Goods is for personal, non-commercial use only. Konami owns all rights, title and interest in and to the Virtual Currency and Konami owns all rights, title and interest in the Virtual Goods. Subject to the terms and conditions of these Virtual Currency Terms and other applicable terms, you will have a limited, personal, revocable, non-transferable, non sub-licensable and non-assignable license to use Virtual Currency and Virtual Goods in accordance with the terms and conditions of Konami Terms. You understand that if you violate Konami Terms, you may not be able to use Virtual Currency and Virtual Goods. The existence of a particular Virtual Good available for licensing with Virtual Currency is not a commitment by Konami to maintain or continue to make the particular Virtual Goods available in the future. Konami may revise, discontinue or modify Virtual Goods at any time without notifying you. The length of time you may have access to Virtual Goods will be determined by Konami at our sole discretion. You agree that Konami has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Goods as it sees fit at its sole discretion, in any general or specific case.
9. EXPIRATION OF VIRTUAL CURRENCY.
Except as otherwise designated in writing by Konami, Virtual Currency does not expire .
10. NON-REFUNDABILITY; TRANSFER.
Except as required by law or as Konami may otherwise determine at its sole discretion, Virtual Currency is non-refundable and may not be sold, transferred, assigned, redeemed or exchanged for cash. In addition, you may not pledge or establish a security interest in Virtual Currency or jointly possess Virtual Currency with another person or other third party.
11. SUSPENSION OR TERMINATION.
If you breach these Virtual Currency Terms or any other applicable terms, or if Konami suspects, at Konami’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, Konami may immediately (a) suspend or limit your access to the Virtual Currency in your account and may also suspend your access to the Application, or (b) terminate your account. In addition, we reserve the right to discontinue or modify the Application or the Virtual Currency program at any time at our sole discretion, without any further liability to you. If Konami suspends or terminates your account for any reason, you must discontinue any use of the Application, and the right to purchase or use Virtual Currency shall also be suspended or terminated. Notwithstanding any other provision in Konami Terms 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 Currency and Virtual Goods if Konami suspects, at its sole discretion, that (a) you have used any Virtual Currency and/or any Virtual Goods(s) in violation of Konami Terms, Virtual Currency Terms and/or any other applicable terms and/or (b) you have otherwise used Virtual Currency and/or any Virtual Goods(s) to conduct any fraudulent or illegal activity.
12. TERMINATION BY YOU.
If you delete the Application from your device, your unused Virtual Currency may no longer be usable. You may fail to transfer, assign, give away or request refund for your unused Virtual Currency.
Konami does not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether in pricing, description, order confirmation, order processing, delivery or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order.
THE VIRTUAL CURRENCY, THE VIRTUAL GOODS AND THE APPLICATION ARE PROVIDED BY KONAMI ON AN "AS IS", "AS AVAILABLE" BASIS, AND KONAMI DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KONAMI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR PURCHASE OR USE OF VIRTUAL CURRENCY. WHILE KONAMI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APPLICATION SAFE, KONAMI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, THE VIRTUAL CURRENCY OR THE VIRTUAL GOODS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. KONAMI RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE APPLICATION, THE VIRTUAL CURRENCY, OR THE VIRTUAL GOODS OFFERED THROUGH THE APPLICATION, OR ANY FEATURES OR FUNCTIONALITY OF ANY OF THE FOREGOING AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.
15. 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 VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KONAMI AND/OR ANY 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 VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ITEMS.
16. WAIVER OF CLAIMS.
You agree that you will never assert and/or bring any cause of action, claim and/or suit against any Konami Entities arising out of and/or related to (a) any claim that you own any Virtual Currency and/or Virtual Goods, (b) any claim for the "value" of any Virtual Currency or any Virtual Goods, (c) any claim for loss of any "value" of any Virtual Currency or any Virtual Goods arising out of and/or related to any acts or omissions of any of the Konami Entities that is/are permitted under Konami Terms or any other applicable terms, and/or (d) any claim that the "value" of any Virtual Currency or any Virtual Goods has decreased as a result of any modification that any of Konami Entities made to any application. This Section shall apply to the extent permitted by applicable law.
These 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 these Konami Terms, the meaning and interpretation of these Konami Terms prepared in English shall prevail.