Terms of Use
(eFootball™ Kick-Off!)

First Published : 3/6/2026

Konami Digital Entertainment Co., Ltd, a company registered in Japan with registered office at 1-11-1, Ginza, Chuo-ku, Tokyo, 104-0061 Japan(“Konami”) appreciates your interest in Konami’s application entitled “eFootball™ Kick-Off!” (together with any Materials, as defined below, the “Application”). Your access and use of the Application, is subject to 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. Consent to Konami Terms or Platform Terms may separately be obtained upon your first login to or first use of the online services of the Application. Where consent is not obtained through such means, you will not be permitted to 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.

YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER INTO KONAMI TERMS OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO KONAMI TERMS, PLEASE BE AWARE THAT AGE VERIFICATION MAY BE CONDUCTED IN RELATION TO THE USE OF THE APPLICATION AND ACCESS TO THE APPLICATION OR CERTAIN FEATURES OF THE APPLICATION MAY NOT BE AVAILABLE UNLESS YOU COMPLY WITH THE RELEVANT AGE VERIFICATION PROCESS.

Konami may modify the Konami Terms periodically as permitted under applicable law. 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 modifications, you may no longer use the Application.

If you are located in the EU or the UK, the following paragraph applies and prevails over the paragraph above to the extent of any inconsistency. Konami may modify the Konami Terms periodically. In such a case, Konami will indicate to you within the Application that it intends to modify Konami Terms in writing and with reasonable notice. The modifications will come into effect when you agree to the modifications.

Any personal information collected and used by Konami in relation to your use of the Application will be handled in accordance with Name , each available at URL , separately presented to you. Please note that usernames, team names, and other information that you set for yourself through your use of the Application may be viewable by other users.

1. Children Under 13: If you are under 13 years old, you are not eligible to access or use the Application unless Platform Terms allow you to access and use the Platform. You may use the Application only in accordance with the Platform Terms and Konami Terms. The Application is not designed for use by anyone under 13 years of age without the direct supervision and consent of their parent or guardian, and Konami does not knowingly or intentionally collect personal information from such individuals for any purpose.

2. Intellectual Property and Licence. 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 and (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 licence 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 or should be construed as granting any licence 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. Where reasonably practicable, Konami will provide advance notice of such termination or discontinuation. In such instances, your licence to access and use Materials 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.

However:

· If you are located in Australia, the following paragraph applies and prevails over the paragraph above to the extent of any inconsistency. Konami may only modify, suspend, discontinue or prohibit you from accessing the Application (or any portion of the Application) without notice to you for reasons that are reasonably necessary to protect Konami's legitimate interests, including where: (a) you breach a material term of the Konami Terms, (b) you breach any term of the Konami Terms and fail to rectify such breach within a reasonable period of time following the provision of notice from Konami in relation to the breach; or (c) if Konami otherwise suspects, in Konami’s sole discretion (acting reasonably), fraudulent, abusive or unlawful activity associated with your account.

· If you are located in the UK or the EU, the following paragraph applies over the paragraph above to the extent of any inconsistency. Konami reserves the right to modify, suspend, discontinue or prohibit you from accessing the Application (or any portion of the Application) for legitimate reasons, including if you breach a material term of these Konami Terms or the Platform Terms. In such instances, your licence to access and use Materials shall be automatically terminated or suspended, as applicable.

3. Rules of Conduct. You shall comply with the rules of conduct set forth in this section. Konami reserves the right to enforce violations of these rules, including the right to terminate your licence 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, or pornographic; (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 offence; 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 unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letter, “pyramid scheme” or investment or provision of money or goods opportunity, solicitation for religious activities or religious organisations, or any other form of solicitation.

- Any material, non-public information about a company without proper authorisation to do so.

- Any improper or false information.

· 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 unauthorised 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 unauthorised 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 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.

· Licence, sub-licence, 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 behaviour 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 acts 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 engage in acts that Konami determines is made for the main purpose of causing a relationship (including relationships, acts and socialising 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 social media service account), including without limitation soliciting or facilitating participation in external communication tools not recommended by the Application.

· 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, sell, exchange, lend, enable use by any third parties or licence information such as user ID, password or any other information in relation to Platform Accounts, KONAMI ID or any other accounts necessary for accessing and playing the Application, 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.

· Post information or act using homophones, coined terms, typos, phonetic equivalents, or other methods to disguise any prohibited acts in this Section through euphemisms or coded language.

· Use the Application outside of the authorised or designated region or areas by Konami though illegal, inappropriate, fraudulent or any other means or measures.

· Engage in any content that violates the rights of minors, according to the applicable law.

4. Platform Accounts. 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, including, without limitation, to use any online functionality or content. By accessing the Application via your Platform Account, you agree that a one-time online identifier will be issued solely for the purpose of linking the Application to your Platform Account. You are responsible for maintaining the confidentiality of the Platform Account, and you are fully responsible for all interactions with the Application that occur in connection with your Platform Account. You agree that any actions made using your Platform Account shall be deemed to be the actions made by you. By registering a Platform Account, you represent that you are either (a) at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater), or (b) using the Application and registering your Platform Account with the consent and approval of your parent or legal guardian who agrees to the Platform Terms on your behalf. You agree to at all times provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), or authority to provide) when submitting information in connection with your Platform Account.

5. KONAMI ID. While the Application may be used without the registration of a KONAMI ID (“KONAMI ID”), certain functions may only be available when linked to a KONAMI ID. If you register and use a KONAMI ID in connection with this Application, you shall comply with the KONAMI ID Terms of Use. You are responsible for maintaining the confidentiality of KONAMI ID, and you are fully responsible for all interactions with the Application that occur in connection with your KONAMI ID. You agree that any actions made using your KONAMI ID shall be deemed to be the actions made by you.

6. Saved 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. Konami may add, modify or make changes (including deletion) to Saved Data where finds it necessary to maintain operations of the Application where required for technical, security or legal reasons, and will provide you with reasonable prior notice of any material. Please note that modifications, updates, and additions to the Application’s specifications and content will be implemented via the Platform and will not be available if playing offline only. Such modifications and updates may include the suspension of use of certain data within the Application. Konami reserves the right to delete Saved Data that is not used for a long period of time, subject always to requirements under applicable laws.

7. 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.

If you are located in the EU, the following paragraph applies over the paragraph above to the extent of any inconsistency. Where permitted or required under applicable laws, Konami reserves the right to monitor any materials and postings or block (or request that Platformers block) users who have posted materials or acted in a manner, in each case, that violates the Konami Terms. Subject to applicable laws on data protection, 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.

8. 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 enquiries concerning the Application is stipulated in Section 21. If you would like to inform us about a specific problem, please contact us according to such method.

9. Sweepstakes, Contests and Similar Promotions. Any sweepstakes, contest and other promotions made available through the Application (“Promotion”), to the fullest extent provided under applicable laws, may be governed by specific rules that are separate from Konami Terms. Your participation in any such Promotion, is subject to those rules. 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.

10. 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 are 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.

If you are located in the EU, the following paragraph applies over the paragraph above to the extent of any inconsistency. 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. Your access to such third-party services or materials made available through the Application (“Third-Party Services”) is subject to the relevant terms and conditions. Konami encourages you to review the privacy and terms of use policies made available to you by such third parties.

11. Disclaimer of Warranties. To the extent permitted under applicable law, 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, to the maximum extent allowed by applicable law, 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 APPLICABLE 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.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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. Applicable law may not allow the exclusion of this warranty, so the above exclusion may not apply to you.

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.

IF YOU ARE LOCATED IN AUSTRALIA, THE FOLLOWING PARAGRAPH APPLIES AND PREVAILS OVER THE ABOVE CAPITALISED PARAGRAPHS TO THE EXTENT OF ANY INCONSISTENCY. NOTHING IN THESE KONAMI TERMS IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY, OR HAVE THE EFFECT OR EXCLUDING, RESTRICTING OR MODIFYING, THE APPLICATION OF ANY APPLICABLE LAWS IN AUSTRALIA, INCLUDING THE AUSTRALIAN CONSUMER LAW. GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH A SERVICE, YOU ARE ENTITLED: (A) TO CANCEL YOUR SERVICE CONTRACT WITH US; AND (B) TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE. YOU ARE ALSO ENTITLED TO CHOOSE A REFUND OR REPLACEMENT FOR MAJOR FAILURES WITH GOODS. IF A FAILURE WITH GOODS OR A SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME. IF THIS IS NOT DONE, YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.

12. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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.

HOWEVER:

· IF YOU ARE LOCATED IN AUSTRALIA, THE FOLLOWING PARAGRAPH APPLIES AND PREVAILS OVER THE PARAGRAPH ABOVE TO THE EXTENT OF ANY INCONSISTENCY. THE KONAMI ENTITIES SHALL ONLY BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT YOU INCUR FROM YOUR USE OF THE APPLICATION IN ACCORDANCE WITH THE KONAMI TERMS OR YOUR INABILITY TO USE THE APPLICATION: (A) TO THE EXTENT REQUIRED BY THE AUSTRALIAN CONSUMER LAW; AND (B) WHERE SUCH DAMAGES ARE CAUSED OR CONTRIBUTED TO BY OUR FAULT OR NEGLIGENCE. IN RESPECT OF (B), THE LIABILITY OF KONAMI AND/OR ANY KONAMI ENTITY WILL BE LIMITED TO DIRECT DAMAGES THAT ACTUALLY OCCUR AND WILL BE SUBJECT TO THE AGGREGATE LIABILITY CAP SET OUT IN THE PARAGRAPH ABOVE IN THIS CLAUSE 12.

· IF YOU ARE LOCATED IN GERMANY, THE FOLLOWING PARAGRAPH APPLIES OVER THE PARAGRAPH ABOVE TO THE EXTENT OF ANY INCONSISTENCY. WE SHALL BE LIABLE ONLY UP TO THE AMOUNT OF DAMAGES AS TYPICALLY FORESEEABLE AT THE TIME OF ENTERING INTO THESE KONAMI TERMS IN RESPECT OF DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A CARDINAL CONTRACTUAL OBLIGATION (I.E. A CONTRACTUAL DUTY THE FULFILMENT OF WHICH IS ESSENTIAL FOR THE PROPER EXECUTION OF THE AGREEMENT, THE BREACH OF WHICH ENDANGERS THE PURPOSE OF THE AGREEMENT AND ON THE FULFILMENT OF WHICH YOU REGULARLY RELY ). WE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A NON-MATERIAL CONTRACTUAL OBLIGATION. THE AFORESAID LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY (IN PARTICULAR TO MANDATORY LIABILITY UNDER EU DIRECTIVE 2024/2853 ON LIABILITY FOR DEFECTIVE PRODUCTS AND ITS NATIONAL IMPLEMENTATION LEGISLATION), LIABILITY FOR ASSUMING A SPECIFIC COMMERCIAL WARRANTY OR LIABILITY FOR DAMAGES CAUSED BY WILFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY KIND OF WILFULLY OR NEGLIGENTLY CAUSED PERSONAL INJURIES.

If you are located in Hong Kong or the UK, nothing in these Konami Terms shall exclude or limit Konami and/or any of the Konami Entities’ liability for death or personal injury caused by Konami and/or any of the Konami Entities’ negligence, or for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

If you are located in the UK, and we fail to comply with these Konami Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Konami Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you entered into these Konami Terms.

13. Indemnification. To the maximum extent permitted by law, 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 lawyers’ fees) arising out of your use of the Application, or your breach or alleged breach of the covenants, representations or warranties of Konami Terms.

If you are located in Australia, the following paragraph applies and replaces the paragraph above. 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 lawyers’ fees) arising out of your breach of the covenants, representations or warranties of Konami Terms, save to the extent caused or contributed to by our fault or negligence.

14. 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, Konami reserves the right to discontinue or modify the Application at any time at our sole discretion, without any further liability to you, to the maximum extent permitted by applicable law. If Konami suspends or terminates your account for any reason, you must discontinue any use of the Application.

However:

· If you are located in Australia, the following paragraph applies and replaces the paragraph above. If (a) you breach a material term of the Konami Terms or any of the other applicable terms, (b) you breach any term of the Konami Terms or any of the other applicable terms and fail to rectify such breach within a reasonable period of time following the provision of notice from Konami in relation to the breach; or (c) if Konami suspects, in Konami’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, Konami may immediately suspend or limit your access to the Application, or terminate your account. In addition, Konami reserves the right to discontinue or modify the Application at any time at our sole discretion, without any further liability to you (Konami will provide users reasonable notice of such discontinuance or modification, except for (a) a discontinuance or modification which arises from a matter that is beyond Konami’s reasonable control or which causes the provision of advance notice not to be reasonably practicable; or (b) a modification which Konami determines (acting reasonably) will not cause you detriment). If Konami suspends or terminates your account, you must discontinue any use of the Application.

· If you are located in the UK or the EU, the following paragraph applies over the paragraph above to the extent of any inconsistency. If you materially breach Konami Terms, Konami reserves its right to (a) temporarily suspend or limit your access to the Application, or (b) terminate your account, provided that Konami shall give you reasonable prior notice of such suspension or termination and a reasonable opportunity to cure the breach, unless the nature or severity of the breach is such that prior notice and an opportunity to cure cannot reasonably be expected.

15. TERMINATION BY YOU. You may terminate your use of the Application and the Konami Terms at any time by deleting the Application from your device.

16. Governing Law. To the extent required by applicable law, all terms and provisions of the Konami Terms shall be governed and construed in accordance with all applicable mandatory laws, even if inconsistent with the governing law set forth in this Section 16 and in no event shall the application, interpretation, or enforcement of the Konami Terms, under any jurisdictional law contemplated by this Section 16 exclude, limit, or otherwise restrict any rights vested with you, as a consumer, under any applicable consumer protection laws. Subject to the foregoing, 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. To the extent applicable, 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.

17. No Assignment. You may not sub-licence, or assign to any third party your licence rights or other claims under these Konami Terms. Any attempted lease, licensing, assignment, novation, or other transfer of your rights or duties under these Konami Terms shall be null and void ab initio and of no force and effect.

18. Variations Depending on Countries/Regions. You hereby acknowledge and agree that the Application itself may vary depending on countries/regions to comply with applicable laws and regulations. However, to the maximum extent permitted by applicable law, no local or regional variation of the Application shall operate to modify the governing law and venue set forth in Section 16.

19. 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.

20. 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.

21. Relationship of the Parties. The relationship established between you and Konami under these Konami Terms is that of independent contractors, and nothing herein or in your use of the Application shall be construed as creating any joint venture, partnership, employment, or agency relationship between the parties.

22. Contact Information for Enquiries.

The method for making any enquiries concerning Konami Terms is as follows.

KONAMI customer support

https://www.konami.com/games/inquiry/

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.

24. Alternative Dispute Resolution. If you are a consumer habitually residing in Germany, we inform you that Konami is neither obligated nor willing to participate in dispute resolution procedures before a consumer arbitration body.