Virtual Currency Terms of Use
Last Updated : 08/25/2023
This Virtual Currency Terms of Use ("Virtual Currency Terms") supplements the "Terms of Use for “eFootball™ 2024” ("Konami Terms") with respect to the purchase and use of Virtual Currency called "eFootball™ Coins" in any Regions other than Japan. BY PURCHASING OR USING VIRTUAL CURRENCY, YOU AGREE TO BE BOUND BY THESE VIRTUAL CURRENCY TERMS. IF YOU DO NOT AGREE, DO NOT PURCHASE OR USE VIRTUAL CURRENCY. Any terms not specifically defined in these Virtual Currency Terms shall have the meaning as defined in Konami Terms. If there are any inconsistencies between Konami Terms and these Virtual Currency Terms, these Virtual Currency Terms shall take precedence with regard to Virtual Currency.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE VIRTUAL CURRENCY TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN (“GUARDIAN”) ACTED ON YOUR BEHALF, TO ENTER INTO THESE VIRTUAL CURRENCY TERMS
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 modifications, you may no longer use the Application.
1. APPLICABILITY.
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.
If you are under the age of legal capacity (“Minor”), you must obtain consent from your Guardian before purchasing any Virtual Currency. If any Minor purchases Virtual Currency, his/her Guardian shall be deemed to have consented to such purchase.
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, and 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”.
5. PAYMENT.
You will purchase Virtual Currency via the Application using the settlement method provided by Platformers. All sales are final unless Konami informs you otherwise in writing. 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.
6. TAXES.
You acknowledge and agree that unless otherwise stipulated in Platform Terms, 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.
7. PROCESS.
You may redeem or use Virtual Currency only by the method and within the scope prescribed by Konami. Virtual Goods you may be licensed 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 all Virtual Goods and will be displayed in the Application designated separately by Konami. 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. Your unused Virtual Currency will be linked to your Platform Account and recorded on the server. Accordingly, you will not be able to access or use such unused Virtual Currency if you access the Application using any account other than your Platform Account.
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 required by law or as Konami may otherwise determine at its sole discretion, Konami will not compensate for, and shall not be responsible for, any loss, expiration, invalidity, disappearance, or any other unavailability of Virtual Currency, and you agree that you will not make any claim for replacement, exchange, return, refund, compensation, fees, royalties, or any other form of payment from or replacement by Konami in relation to such unavailability. For the avoidance of doubt, this Section shall not apply to any unavailability of Virtual Currency due to Konami’s intentional act or negligence.
10. NON-REFUNDABILITY; TRANSFER.
Virtual Currency and Virtual Goods have no cash value. Except as required by law or as Konami may otherwise determine at its sole discretion, Konami will not cancel your use of Virtual Currency, exchange Virtual Currency with real currencies, other virtual currencies, or any items other than Virtual Goods licensed pursuant to Section 7, or refund any real currency equivalent to any used Virtual Currency, in any case and for whatever reason. Virtual Currency may not be sold, transferred, assigned, or 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. You shall control and manage your purchase and use of Virtual Currency at your sole responsibility.
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.
You may terminate this Agreement at any time by ceasing your use of the Application and deleting the Application from your device, provided that you acknowledge and agree that by deleting the Application from your device, your unused Virtual Currency may no longer be usable.
13. ERRORS.
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.
14. DISCLAIMER.
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.
17. LANGUAGE.
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.