Terms of Use

Please read the following terms of use (“Terms of Use”) carefully before using this website (“Website”). By using this Website, you are agreeing to the Terms of Use as well as the Privacy Policy, which is available at [https://legal.konami.com/kcm/privacy/en-us/].

THIS IS A BINDING AGREEMENT

If you are under 18 years old, please have your parent or legal guardian review the Privacy Policy and the Terms of Use first.

If you do not agree with any of the terms and conditions in the Terms of Use and the Privacy Policy, please do not use this Website, and please do not authorize others to use this Website

This Website is owned by Konami Cross Media NY, Inc. (“KCM”, “we”, “us” or “our”).

THIS IS A BINDING AGREEMENT BETWEEN YOU AND US. THIS AGREEMENT CONTAINS LIABILITY DISCLAIMERS AND RESTRICTIONS, AS WELL AS RELEASES AND WAIVERS, SO PLEASE READ THESE TERMS IN THEIR ENTIRETY.

The Terms of Use applies to this website only. When using other websites owned or controlled by KCM, or any websites owned or controlled by KCM’s affiliates, or any other websites owned by a third party (even if you arrived at such websites through a link on this Website), please review the privacy policy and the terms of use of that specific website.

AMENDMENTS, MODIFICATIONS AND UPDATES WITHOUT PRIOR NOTICE

From time to time, and in our sole discretion, we may amend, modify or update the Terms of Use without prior notice. Those changes will be in effect immediately when posted. So please check this page periodically. If you do not agree to and cannot comply with the revised Terms of Use, you must stop using and visiting the Website and you must not post or submit anything to the Website. Your continued use of the Website following the posting of the revised Terms of Use will constitute your acceptance of the revised Terms of Use.

CONTENT AND RESTRICTION ON USE

Please note that this Website is provided for use by individuals only and for non-commercial purposes in compliance with these Terms of Use.

We reserve the right to modify, suspend and discontinue this Website at any time, without notice.

OWNERSHIP OF INTELLECTUAL PROPERTY ON THIS WEBSITE

All trademarks, logos, and service marks displayed on this Website (collectively, the "Trademarks") are the registered and unregistered trademarks of KCM, its affiliates and/or their respective licensors. You cannot use any Trademarks for any reason without obtaining the prior written permission of KCM.

KCM, its licensors and its affiliates own and retain all rights, title and interest in the content on this Website, including, but not limited to, all of the Trademarks, characters, stories, ideas, graphics, illustrations, data, information, text, artwork, images, marks, photographs, design elements, materials, codes, software, icons, music, audio and video. The content on this Website is derived in whole or in part from material supplied by KCM, its licensors, its affiliates and/or suppliers, and is protected by U.S. and international copyright, trademark, patent, and/or other intellectual property laws. No content on this Website, in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, downloaded, decompiled, altered, displayed, reverse engineered or disassembled in any way, unless such content is in the public domain or you have obtained written permission from KCM and/or the appropriate licensor. Modification of any content on this Website or use of any content on this Website, in whole or in part, for any non-approved purpose is a violation of KCM and its licensors’ copyright, trademark, intellectual property and other proprietary rights. For the avoidance of doubt, this prohibition against using any part of the content on this Website includes creating montages, wallpaper, merchandise, video mash-ups, even if you provide these for free.

INFRINGING COPYRIGHTS; TRADEMARKS

KCM respects the rights of all copyright and trademark holders.

If you believe in good faith that materials hosted by or posted on this Website infringe your copyright under U.S. law, please provide KCM the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material on this Website that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is the best way to ensure such content can be located quickly;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification in accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that there are penalties for false claims under the DMCA. We suggest that you consult a legal advisor before sending the above information and statements to KCM.

If you believe in good faith that materials hosted by or posted on this Website infringe your trademark, please provide KCM the following information:

  1. Your complete contact information (full name, mailing address and phone number);
  2. The specific word, symbol, etc. in which you claim trademark rights;
  3. The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;
  4. The country or jurisdiction in which you claim trademark rights;
  5. The category of goods and/or services for which you assert rights;
  6. Information reasonably sufficient to permit us to locate the material on this Website that you believe violates your trademark rights, such as a screenshot;
  7. A description of how you believe this Website infringes your trademark;
  8. If you are not the rights owner, an explanation of your relationship to the rights owner;
  9. A declaration that:
    1. You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
    2. The information in your notice is accurate; and
    3. Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.
  10. Your electronic signature or physical signature.

Please send the above information, material and statements to:

Konami Cross Media NY Inc.
53 West 23rd Street, 11th Floor
New York, NY 10010
USA
Attn: Legal Department

With a copy to: info@konamicrossmedia.com

DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL CONTENT CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KCM, ITS PARENT OR AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISTRIBUTORS AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES) THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER OR NOT THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY KCM OR ANY THIRD PARTY.

KCM is not responsible or liable for any problems or malfunction of any computer online systems, servers or providers, computer viruses or contamination of your system, delays, inaccuracies, errors, omissions, computer equipment, software, Internet traffic congestion or Internet services, or for any injury or damage to users or computers related to or resulting from use of the Website.

KCM DOES NOT WARRANT THAT THIS WEBSITE OR ITS CONTENT IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL ANY OF KCM, ITS PARENT, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR DISTRIBUTORS AND THIRD PARTY PROVIDERS TO THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS) RELATING TO YOUR USE, OR ANY PERSON’S USE, OF THIS WEBSITE, ITS CONTENT, EVEN IF KCM OR ANOTHER PERSON HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY OF ITS CONTENT, YOU AGREE THAT OUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

SUBMISSIONS

We do not accept or consider suggestions, scripts, screenplays, drawings, artwork, story ideas, other creative ideas or materials (collectively, “Materials”) other than those that we have specifically requested. Please do not send us any unsolicited Materials.

If you send us any Materials, all such Materials shall be our property and we shall exclusively own all rights, title and interest to such Materials in perpetuity throughout the universe and shall be entitled to unrestricted use of such Materials for any purpose, including for commercial purpose, without compensation to you or the provider of the Materials.

RULES OF CONDUCT ON THIS WEBSITE

Your use of this Website is conditioned on your compliance with the rules of conduct set forth in this section and understanding that you will not access this Website or use any portion of it in a way that:

  1. Copies, reproduces, republishes, uploads, posts, transmits, distributes, sells, downloads, decompiles, alters, displays, reverse engineers, modifies or disassembles any content on this Website in any way, unless such content is in the public domain or you have obtained written permission from KCM;
  2. Violates the rights of KCM or others, including their respective patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  3. Uses technology or other means to access, index, frame or link to this Website that is not authorized by KCM (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms);
  4. Involves accessing this Website through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices);
  5. Introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
  7. Violates any law, rule or regulation;
  8. Violates these Terms of Use; or
  9. Attempts to do any of the foregoing.

While we are not under any obligation to do so, we retain the right to deny or restrict, in our sole discretion, your or any person’s access to the Website at any time and for any reason, including for violation of any term of these Terms of Use.

We may cooperate with local, state and/or federal authorities to protect this Website, its content, KCM, our affiliates, our licensors, the copyright owners of content on this Website, our and their respective officers, directors, employees and agents, and/or users of this Website.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, KCM, its parent, its affiliates, its licensors, their respective distributors, service providers and suppliers and each of their respective officers, directors, employees, agents, licensors, copyright owners of materials on this Website, and representatives from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any claim relating to (a) your use of this Website or (b) any violation of these Terms of Use by you. KCM reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, in which event you will fully cooperate with KCM in asserting any available defenses.

NEW YORK LAW AND FORUM; ENTIRE AGREEMENT

These Terms of Use (including the Privacy Policy and all other policies posted on this Website and that are incorporated herein by reference) contain the entire agreement between you and KCM regarding the use of this Website and supersedes all prior understandings related to this Website.

These Terms of Uses shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms of Use or relating to this Website will be brought exclusively in courts located in Manhattan in the State of New York, United States, and you consent to the personal jurisdiction and venue therein.

If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms and conditions by KCM shall be deemed a further or continuing waiver of such provision or any other provision, and KCM’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

STATUTE OF LIMITATIONS

YOU AGREE THAT REGARDLESS OF ANY LAW OR STATUTUE TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

QUESTIONS OR CONCERNS

Questions regarding the Terms of Use should be directed to: Terms of Use, Legal Department, Konami Cross Media NY, Inc., 53 West 23rd Street, 11th Floor, New York, New York 10010, USA. Or, send an email to: info@konamicrossmedia.com

These Terms of Use were posted on April 1, 2019.