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.
AMENDMENTS, MODIFICATIONS AND UPDATES WITHOUT PRIOR NOTICE
CONTENT AND RESTRICTION ON 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”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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;
- 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:
- Your complete contact information (full name, mailing address and phone number);
- The specific word, symbol, etc. in which you claim trademark rights;
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable;
- The country or jurisdiction in which you claim trademark rights;
- The category of goods and/or services for which you assert rights;
- Information reasonably sufficient to permit us to locate the material on this Website that you believe violates your trademark rights, such as a screenshot;
- A description of how you believe this Website infringes your trademark;
- If you are not the rights owner, an explanation of your relationship to the rights owner;
- A declaration that:
- 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;
- The information in your notice is accurate; and
- Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.
- 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
Attn: Legal Department
With a copy to: email@example.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.
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:
- 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;
- Violates the rights of KCM or others, including their respective patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- 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);
- 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);
- 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;
- Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
- Violates any law, rule or regulation;
- Attempts to do any of the foregoing.
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.
NEW YORK LAW AND FORUM; ENTIRE AGREEMENT
STATUTE OF LIMITATIONS
QUESTIONS OR CONCERNS