KONAMI

Terms of Use
(Professional Baseball Spirits 2024-2025 / プロ野球スピリッツ myBALLPARK)

Last Updated: 10/17/2024

Konami Digital Entertainment Co., Ltd. (“Konami”) appreciates your interest in Konami’s application entitled “Professional Baseball Spirits 2024-2025” and “プロ野球スピリッツ myBALLPARK” (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 and that Konami is solely responsible for the Application, not Platformers. For the purpose of these terms, “Platformers” means the provider of the Platform, and the “Platform” means the platform through which you access or use the Application.

Konami may change or amend Konami Terms periodically, pursuant to Section 12.

1  Intellectual Property and License.

1.1  The Application, including, 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 (“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 the Application and Materials solely as incorporated therein, solely for your personal, non-commercial purposes and in the manners provided for by the Platform. Nothing contained in the 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.

1.2  Notwithstanding Section 1.1 above, you shall retain any copyright in and to any content that you provide to the Application, including but not limited to, posts and e-mails (“User Content”), provided, however, that you agree to grant Konami the license to use the Intellectual Property Rights in and to your User Content, with the right to sub-license. If you have any moral rights in the User Content (such as to claim authorship), you hereby agree not to exercise such moral rights.

2  Your Responsibilities and Rules of Conduct.

2.1  While using the Application, you must comply with these Konami Terms, and any other laws, rules and regulations applicable to your use of the Application.

2.2  An identifier automatically issued to you by Konami for Konami to identify you for your use of the Application (“User ID”) is for your personal use only and should be kept confidential, and you (and not Konami) are responsible for any use or misuse of your User ID.

2.3  Pursuant to the Platform Terms, you may be required to register an account (“Platform Account”) in order to access or use the Application via the Platform. You are responsible for maintaining the confidentiality of Platform Account and your User ID, and you are fully responsible for all interactions with the Application that occur in connection with your User ID and/or Platform Account. You must promptly notify Konami of any confidentiality breach or unauthorized use of your User ID and/or Platform Account, and you agree that any activities by your User ID and/or Platform Account shall be deemed your activity unless Konami has been notified of any confidentiality breach or unauthorized use. Konami is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

2.4  Any personal information collected and used by Konami in relation to your use of the Application will be handled in accordance with Konami’s privacy policy separately presented to you. You must thoroughly confirm and agree to such privacy policy before using the Application. Your provision of any personal information to Konami will be deemed an agreement to such privacy policy.

2.5  Konami expects users of the Application (“User”), including you, 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 pursuant to Section 14. 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, including any such act or attempted act with respect to payments made in connection with the Application.

•  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 User.

•  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 without limitation 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.

•  Reproduce, modify, adapt, publish, distribute, broadcast, make derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Application without Konami’s prior approval.

•  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 acts likely to constitute child abuse; or engage in acts that will or may have a bad influence on or encourage bad behavior among persons under 20 years of age (including encouraging those persons to drink, smoke or gamble, posting information relating to the adult or sex entertainment industry and soliciting them to access websites inappropriate for use by themselves).

•  Engage in acts that encourage or assist 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 engage in acts that Konami determines is made for the main purpose of causing a relationship (including relationships, acts and socializing limited to within the Application).

•  Post or ask for information that can identify or enable direct access to an individual (such as a 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 Platform Account, 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.

2.6  You shall be responsible for your use of the Application and/or any information that you post or otherwise make available through your use of the Application.

2.7  You shall be solely responsible for the compensation for any and all losses or damages, including reasonable attorney’s fees, suffered by Konami or any third party, including but not limited to, any and all losses or damages suffered by Konami or any third party due to your incompliance with these Konami Terms,.

3  Operation of the Application

3.1  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. You shall make the payment therefor in a method separately specified by us. Konami shall not be required to provide refunds, benefits or other compensation to you, except in cases where there is a breach by Konami of these Konami Terms due to intentional or gross negligence on the part of Konami.

3.2  Your User ID will be managed by mutually linking your User ID and your Platform Account. The data relating to your use of the Application (“Saved Data”) will be stored on a User ID basis on the server designated by Konami.

3.3  Konami does not warrant or covenant that your Saved Data will be saved or read without an error, nor that it will not be deleted or otherwise lost. Konami may, at its reasonable discretion, change, modify, or delete your Saved Data in the following cases without obtaining your approval.

(a)  If you breach these Konami Terms or any other terms applicable to your use of the Application.

(b)  It is inevitable for Konami for the operation of the Application or due to its obligation under the contract with third parties.

(c)  If Konami cannot confirm your payment under Section 3.1 above.

(d)  Your Saved Data has not been used or accessed to for at least six (6) months.

3.4  “プロ野球スピリッツ myBALLPARK” is an Application in which you may play “myBALLPARK” mode of “Professional Baseball Spirits 2024-2025” only. You hereby confirm and agree that if you play “Professional Baseball Spirits 2024-2025” and “プロ野球スピリッツ myBALLPARK” using the same Platform Account, your Saved Data for each Application will be shared between two Applications and will be overwritten by one another.

4  Virtual Goods.

4.1  Notwithstanding anything to the contrary in these 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.

4.2  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.

5  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) User 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 User, and to comply with legal obligations or governmental requests.

6  Reporting Third-Party Violations.

You agree to report any third parties’ violation of these Konami Terms to Konami in a manner separately specified by Konami, provided, however, that the handling of such reported violation, including but not limited to, the investigation, the results of such investigation, and disclosure thereof, shall be determined by Konami in its sole discretion. Konami is not responsible or liable for providing any information in response to, or for any failure or delay in responding to, any violation reported to Konami hereunder.

7  Sweepstakes, Contests and Similar Promotions.

Any sweepstakes, contest, raffles and other promotions made available through the Application (“Promotion”) 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 such Promotion and Konami Terms, terms and conditions of such Promotions shall govern.

8  Third-Party Services.

The Application may provide you with opportunities to use the services provided by, and links to websites, services, products, content or other material of third parties, including without limitation Platformers. You acknowledge and agree that Konami does not endorse and is not responsible or liable for any such third-party services or materials made available through the Application (“Third-Party Services”), and that you access and use such Third-Party Services at your own risk. Konami encourages you to review the privacy and terms of use policies made available to you by such third parties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY SERVICES.

9  Disclaimer of Warranties.

Konami makes 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 Konami is 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, KONAMI DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) 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), (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE APPLICATION, (d) WARRANTIES RELATING TO OPERATION OF THE APPLICATION (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS), (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY KONAMI OR ANY THIRD PARTY, AND (f) 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 ENTITIES, 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.

10  LIMITATION OF LIABILITY.

10.1  Konami shall not be liable for:

(a)  any information provided by, or any activities of, you or any other User in or in relation to the Application, including but not limited to, those that are illegal, obscene, harmful, or uncomfortable; or

(b)  any losses or damages you suffered from any act of other User or third party(ies).

You agree that Konami shall not be obligated to involve itself in any disputes that arose between you and other User or third party(ies), and that you shall resolve any such disputes at your sole cost and responsibility.

10.2  You agree that you are solely responsible for maintaining your own health and mental conditions (“Health Conditions”) and refrain from any use of the Application that may negatively affect your Health Conditions. Konami shall not be liable for any social, mental, or bodily injury, losses, or damages that you suffer from your incompliance with this Section 10.2.

10.3  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. The foregoing shall not apply to any incidental or consequential damages due to Konami’s intentional act or gross negligence.

11  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.

12  Changes to These Konami Terms.

12.1  Konami reserves the right to change or amend these Konami Terms in the following cases, to the extent permitted by law.

(a)  If such change or amendment to these Konami Terms conforms to your general interest.

(b)  If such change or amendment to these Konami Terms (A) does not run afoul of the purpose of these Konami Terms, and (B) is reasonable in light of the circumstances concerning such change or amendment, such as, the necessity, the appropriateness, and the details of, the changed or amended conditions.

12.2  Any change or amendment to these Konami Terms will be made known to the User in a suitable manner (including but not limited to by email or by display of the notice in the Application) and shall become effective as of the effective date set forth in such notice (“Amendment Effective Date”).

12.3  Your access to or use of the Application following the Amendment Effective Date shall constitute your acceptance of those changes or amendments. If you do not agree to any such change or amendment, you shall terminate your use of the Application.

12.4  Section 10 shall apply to any damages arising out of the change or amendment to these Konami Terms, or the termination of your use of the Application pursuant to Section 12.3 above.

13  General Changes, Suspension, and Termination of the Application.

13.1  Konami reserves the right to change the Application, in whole or in part, at any time in Konami’s sole discretion, without any further liability to you, provided, however, that Konami shall use its commercially reasonable efforts to make such a change known to the User in a manner that Konami determines appropriate, in advance to making such a change.

13.2  You may terminate your use of the Application at any time in your sole discretion, provided, however, that you acknowledge and agree that if you decide to terminate your use and delete the Application from your device, your Virtual Goods may no longer be usable. Unless otherwise notified via a separate notification from Konami, you cannot transfer, assign, give away or request refund for your Virtual Goods.

13.3  Konami may suspend or terminate its provision or the Application, in whole or in part, by making such suspension or termination known to the User, in a reasonable period of time advance to such suspension or termination.

14  Specific Suspension or Termination of the Application.

14.1  Konami reserves the right to suspend, limit your access to, or terminate, your use of the Application, in whole or in part, without notifying you in advance, in the case where:

(a)  you breach these Konami Terms or any other terms applicable to your use of the Application;

(b)  you breach of any agreement or contract of any form between Konami and you, including but not limited to, terms of use, terms of service, or otherwise, that is applicable to Konami’s products and services other than the Application;

(c)  your use of any of the Konami products or services or your account therefor has been terminated due to the reason attributable to you;

(d)  Konami cannot confirm your payment of the consideration of any form, such as, fees and subscription fees, payable for your use of any fee-based products and/or services, including but not limited to, Virtual Goods and Virtual Currency;

(e)  six (6) months has elapsed after your final access to the Application;

(f)  you are a member of, or have any relationship with a member or any person or entity having a relationship with a member of, anti-social forces; or

(g)  If Konami reasonably suspects that you fall under any of the foregoing (a) through (f).

Suspension or termination by Konami pursuant to this Section 14.1 shall not preclude Konami from claiming damages that arose therefrom, and Section 10 shall apply to any damages that arose therefrom, meaning that, Konami shall not be required to provide refunds, benefits or any other compensation to you in connection with such suspension or termination.

14.2  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 Good(s) in violation of Konami Terms, and/or any other applicable terms and/or (b) you have otherwise used any Virtual Good(s) to conduct any fraudulent or illegal activity.

15  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.

16  Force Majeure Event.

Konami may suspend or terminate the Application, in whole or in part, and with or without notifying you, if it becomes impossible, in the common sense, to provide the Application due to strikes, labor trouble, acts of God, war, legal restrictions, inevitable accidents, or any other cause similar thereto which is beyond Konami’s control (“Force Majeure Event”). Konami shall not be responsible for any losses, damages, or other disadvantages suffered by you in relation to any Force Majeure Event.

17  Transfer of the Business.

In the case where there is a change in the provider of the Application, including where Konami transfers its business related to the Application to any third party, Konami may assign or transfer these Konami Terms, its rights and obligations, and any of your information that Konami has, including your User ID, to the transferee or any third party who takes over the provision of the Application. You hereby agree to such an assignment or transfer.

18  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.

19  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.

20  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 the Tokyo District Court 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.

21  Language.

Konami Terms have been prepared in, and will be construed in, the Japanese 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 Japanese version and any translated version of Konami Terms, the meaning and interpretation of Konami Terms prepared in Japanese shall prevail.