This Agreement is a binding legal agreement between Konami and you ("You"), and sets forth the terms and conditions that govern Your use of the KONAMI ID, GAME ID and related Services. By using the KONAMI ID, GAME ID or receiving any Services, You agree to be bound by this Agreement and to follow these terms and conditions and all applicable laws and regulations governing Your use of the KONAMI ID, GAME ID and the Services. If at any time You do not agree to be bound by these terms and conditions, You must immediately end Your use of the KONAMI ID, GAME ID and the Services.

1. DEFINITIONS

• "Agreement" means this KONAMI ID BASIC TERMS AND CONDITIONS together with the Exhibits of this Agreement.
  
• "Country" means the country You select when You register Your KONAMI ID. The Country must be Your country of residence.
  
• "Exhibits" means the Regional Exhibit and any other exhibits (if any) of the KONAMI ID BASIC TERMS AND CONDITIONS.
  
• "Games" means the interactive game or games that Konami, its affiliates or suppliers provide to You.
  
• "GAME ID" means the account and related information that You create and provide (as the case may be), separate from the KONAMI ID, which may be required to use, purchase or access certain Games.
  
• "Historical Information" means Your usage history of the KONAMI ID, GAME ID and the Services.
  
• "Konami" means the Konami entity listed in the Regional Exhibit.
  
• "KONAMI ID" means the account and related information that You create and provide (as the case may be), in order to use, purchase or access the Services.
  
• "Minor" means any person who has not attained the age of legal majority.
  
• "Privacy Policy" means Konami's current privacy policy and any privacy guidelines related thereto, which may be accessed at the Privacy Policy Website as set forth in the Regional Exhibit.
  
• "Regional Exhibit" means the region-specific Exhibit attached hereto.
  
• "Restricted Material" means the materials set forth in Section 5.3.
  
• "Services" means any and all products and services, including, but not limited to, Games that Konami, its affiliates or suppliers provide to You that require You to log in using Your KONAMI ID and, if applicable, GAME ID.
  
• "Service Components" means any and all components of the Services. Service Components includes, but is not limited to, all Games, characters, avatars, names, abilities, features, content, program or other items, data or information used in the Services.
  
• "User" means the user using the KONAMI ID, GAME ID or the Services.
  
• "User Information" means information that You disclose to Konami and/or that Konami may learn pursuant to Your registration of the KONAMI ID and/or GAME ID and Your use, purchase or access to the Services. User Information may include information that may identify You, including, but not limited to, Your Historical Information, name, address, telephone number, date of birth, sex, information on country of residence and language, e-mail address, and credit card information, as well as Your play data of the Services.
  
• "Website" means the website for the KONAMI ID listed in the Regional Exhibit.
  

2. SCOPE

• 2.1
  SCOPE. The terms of this Agreement shall apply to all Services. In the event any terms of this Agreement conflict with any provision of the other agreements applicable to the specific Service, the provisions of the agreements applicable to the specific Service shall prevail. Unless otherwise provided, the terms and conditions of this Agreement that apply to the KONAMI ID shall also apply to GAME ID.
  
• 2.2
  AMENDMENTS. This Agreement is subject to change by Konami at any time without prior notice. Any changes shall be published on the Website and, without prejudice to Your statutory rights, shall become effective immediately upon such publication. You agree to review these terms from time to time, and in any event promptly upon notice of any changes, whether such notice is delivered to You directly or simply posted on the Website. If, at any time, the current terms are not acceptable to You, You may terminate Your use of the KONAMI ID, GAME ID, and the Services; provided, however, that if you terminate Your use of the KONAMI ID, GAME ID, and the Services, you shall not be entitled to any refund, replacement or return for any products or services. Your continued use of the KONAMI ID, GAME ID or the Services after Konami posts any changes to its terms or to the scope of this Agreement shall constitute Your agreement to and acceptance of all such changes and Konami shall not be liable for any failure of You to review any such changes to this Agreement.
  
• 2.3
  CONTENT CHANGES. The Services and Service Components are subject to change or cancellation by Konami at its sole discretion, at any time, and without prior notice.
  
• 2.4
  PAYMENTS. The information provided by You in association with the registration of the KONAMI ID may be used for making payment for the Services and/or any Service Component. The terms and conditions for payment are set forth in the Regional Exhibit.
  
• 2.5
  CHILDREN. If You are considered to be a Minor, You must have the express authorization of Your parent or legal guardian to enter into this Agreement. Such authorization must be evidenced by the registration for Your KONAMI ID on Your behalf by such parent or legal guardian (which registration shall also constitute Your parent or legal guardian's acceptance of this Agreement).
  
• 2.6
  TERM. This Agreement will commence when You indicate Your acceptance of its terms and conditions by completing the KONAMI ID registration process and confirming Your acceptance of these terms and conditions by clicking the 'Agree' button. This Agreement will continue in full force and effect until terminated.
  
• 2.7
  TERMINATION. You may terminate this Agreement at any time for any reason without prior notice by deleting Your KONAMI ID and ceasing all use of Your KONAMI ID, GAME ID and all Services. Konami may terminate all or part of this Agreement, including Your KONAMI ID, GAME ID, or all or part of the Services, at any time for any reason without notice. Without limitation, Konami may terminate this Agreement, the Exhibits, the KONAMI ID, GAME ID and/or the Services if:
  
  a. You breach this Agreement or any other applicable agreement or violate any applicable laws and/or regulations;
  b. You commit any act that Konami finds inappropriate or abuse any rights granted to You by Konami in connection with this Agreement, the KONAMI ID, GAME ID or the Services;
  c. You do not use the KONAMI ID for an extended period of time;
  d. You provide fraudulent or incorrect User Information;
  e. You use the Services outside of the Territory (as defined in the Regional Exhibit);
  f. Konami determines or believes, at its sole discretion, that You are a Minor and have registered the KONAMI ID or GAME ID or used the Services in the absence of authorization from Your parent or legal guardian; or
  g. as otherwise set forth in the Regional Exhibit.
  
• If this Agreement is terminated by Konami for any reason, You will not be able to re-activate Your KONAMI ID or GAME ID.
  
• All provisions of this Agreement that are by their nature intended to survive, shall remain in effect and continue beyond termination or expiration of this Agreement.
  
• 2.8
  SUSPENSION. Konami may suspend the Services or Your KONAMI ID or GAME ID, in whole or in part, for any reason without prior notice.
  
• 2.9
  AVAILABILITY OF SERVICES. Konami reserves the right to limit or discontinue the availability and/or the quantities of certain Services to any User, person, geographic area or jurisdiction, at any time and in Konami's sole discretion.
  

3. USER INFORMATION

• 3.1
  USE OF USER INFORMATION. You understand that Your registration and use of the KONAMI ID, GAME ID or the Services will require that You disclose User Information to Konami. You acknowledge that You have read and agreed to all of the terms of the Privacy Policy, which sets out the purposes for which Konami collects Your User Information as well as Konami's information gathering and dissemination practices, and You consent to this collection and use of Your User Information.
  
• 3.2
  ACCURACY OF USER INFORMATION. If You do not provide Konami with requested User Information, You will not be able to register the KONAMI ID. You may correct Your User Information on the Website. You may access and request to delete, correct or change any User Information held by Konami that cannot be corrected on the Website in accordance with the terms of the Privacy Policy by sending an e-mail to the Konami address set forth therein. In the event of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall prevail.
  
• 3.3
  USER INFORMATION PROVIDED BY USER. The User Information that Konami may collect will depend on the Services provided, and may include, without limitation, the following personal information: (a) name; (b) e-mail address ; (c) address and postal code; (d) telephone number; (e) date of birth; (f) sex; (g) Country; (h) language; and (i) credit card information. Some Services may require additional information other than the information listed above.
  
• 3.4
  OTHER USER INFORMATION COLLECTED. You acknowledge and agree that Konami may access information relating to Your hardware, software and online connection for the purpose of providing the KONAMI ID, GAME ID and the Services.
  
• 3.5
  USER REPRESENTATIONS AND WARRANTIES. You represent and warrant that all User Information provided by You is accurate and correct (including Your selection of Your Country), and that You have provided no inaccurate or fraudulent statement in connection with Your KONAMI ID, GAME ID or the Services. To the maximum extent permitted by applicable law, Konami disclaims any and all liability for any claim, dispute or damage that may arise from Your provision of inaccurate or fraudulent User Information.
  

4. PASSWORD; USER ACCOUNT MANAGEMENT

• 4.1
  PASSWORD. You must select a password ("Password") upon registration of Your KONAMI ID and GAME ID.
  
• 4.2
  KONAMI ID NAME. You are responsible for selecting Your KONAMI ID account name and GAME ID account name. You agree that such account names will not be offensive, violate the proprietary rights of others or otherwise be misleading. Konami reserves the right to change Your KONAMI ID account name and GAME ID account name without prior notice for any reason.
  
• 4.3
  KONAMI ID SECURITY. You are responsible for all use of Your KONAMI ID and GAME ID and for the security of Your User Information (including, without limitation, Your Password). You shall not transfer or permit any other person to use Your KONAMI ID, GAME ID, Password and/or for the purpose of providing access to Your KONAMI ID account, your User Information, and You are solely responsible for maintaining the confidentiality of all of Your KONAMI ID, GAME ID and User Information. You will be responsible for any and all damage (whether to Konami, other Users, or any third party) that may result from use of Your KONAMI ID, GAME ID and User Information by others. You agree to notify Konami promptly if You lose or forget Your KONAMI ID, GAME ID or Password, or if You believe that others are making use of Your KONAMI ID, GAME ID or (for the purpose of accessing Your KONAMI ID account) User Information. If You are a parent or legal guardian responsible for use of Your KONAMI ID by a Minor, You have the limited right and ability to permit use of Your KONAMI ID user account only by the child or children who You have registered a KONAMI ID for while they are Minors.
  
• 4.4
  INTERNET ACCESS. You are solely responsible for obtaining and maintaining, at Your own expense, all input/output devices or equipment (such as modems, terminal equipment, hardware and software) and communications services (including, without limitation, long distance or local telephone services or other Internet access) necessary to access the KONAMI ID, GAME ID and The Services, and for ensuring such equipment and services are compatible with all requirements of the KONAMI ID, GAME ID or the Services.
  

5. PROHIBITED CONDUCT

• 5.1
  GENERAL USE RESTRICTIONS. You shall use the KONAMI ID, GAME ID and the Services in accordance with the applicable provisions of this Agreement and any other applicable agreements or rules related to the Services. THE KONAMI ID, GAME ID and the Services are for Your personal use only and may not be copied, sold, leased, transferred, assigned, exchanged or bartered to any third party. You are not authorized to use Your KONAMI ID, GAME ID and/or the Service Components for any commercial purpose or for any purpose other than for the use of the Services provided by Konami.
  
• 5.2
  PROHIBITED CONDUCT. You shall not engage in any of the following prohibited acts, and You shall be solely liable for any damage Konami or any third party suffers due to Your breach of this Agreement or performance of any of the following prohibited acts:
  a. interfering with or obstructing the operation of the KONAMI ID, GAME ID or any Service;
  b. taking any action that has the effect of tarnishing or otherwise damaging the reputation or credibility of Konami, its affiliates or any third party;
  c. distributing, storing, or using any Restricted Material;
  d. selling, offering for sale, purchasing, agreeing to purchase, exchanging, agreeing to exchange, or otherwise seeking, receiving, or delivering monetary compensation for (1) any Service Component, (2) any points acquired as a result of using the Service, or (3) access to any KONAMI ID or GAME ID user account;
  e. harassing, tormenting, intimidating, pestering, obstructing, taking advantage of, or any way hurting or damaging other Users or any third parties or their properties;
  f. committing, attempting to commit, or soliciting, or attempting to solicit others to commit, any illegal, criminal, inappropriate, lewd, inconceivable, or any unwelcome acts;
  g. using the KONAMI ID, GAME ID or the Services with a fraudulent, fictional or a third party's User Information;
  h. impersonating or attempting to impersonate any employee of Konami or any Konami entity, any other User, or any other person, in a manner intended to deceive or mislead any third party, or in an effort to access the account of other Users;
  i. copying, publishing, broadcasting, publicly performing, licensing, using, modifying, changing or adapting the Service Components, unless such use is explicitly approved by the content holders of the Service Components;
  j. developing or having developed, distributing or having distributed any program that is related to the operation or content of the Services;
  k. using any cheat codes or cheat devices;
  l. using any defect or failure of the KONAMI ID, GAME ID or the Services for abusive purposes; or
  m. violating any rule set forth by Konami.
  
• 5.3
  RESTRICTED MATERIAL. As used in this Agreement, "Restricted Material" means, any of the following:
  

  • a. any material protected by intellectual property rights, unless You have first obtained the intellectual property rightholder's express written permission to use that material in such manner;
    
  • b. any material that defames, abuses, or threatens others, or violates the privacy, intellectual property, or other proprietary rights of others;
    
  • c. any material that violates any applicable law or regulation, or that promotes illegal activity;
    
  • d. any material that contains obscenity or images or content that exploit Minors;
    
  • e. any statements or images that are bigoted, hateful, or offensive; or
    
  • f. any material published for commercial purposes, including, without limitation, any offering of products or services for sale, any solicitation of advertisers or sponsors, any solicitation of fund raising or any display of sponsorship information.
    
• 5.4
  INDEMNIFICATION. You will indemnify, defend, and hold harmless Konami, its affiliates, suppliers, licensors, licensees, customers and other business partners against any and all claims, suits, actions, expenses, damages and liabilities arising from Your use of the KONAMI ID, GAME ID or the Service and relating to:
  

  • a. Your breach of any provision of this Agreement, the Privacy Policy, or other applicable agreement or rule;
    
  • b. the incompleteness or inaccuracy of any of Your representations in this Agreement or made in connection with Your registration for a KONAMI ID user account;
    
  • c. Your violation or infringement of any law or regulation or the proprietary or privacy rights of any third party;
    
  • d. any user content or User Information You provide or otherwise generate, including, without limitation, Your transmission of any unlawful, libelous, offensive, harmful, obscene or defamatory content; or
    
  • e. any third-party claims arising out of or relating to Your use of the KONAMI ID, GAME ID or the Service.
    

6. MANAGEMENT OF USER INFORMATION AND COLLECTION OF HISTORICAL INFORMATION

• 6.1
  HISTORICAL INFORMATION. You agree to permit Konami to record the Historical Information of Your use of Your KONAMI ID and/or GAME ID.
  
• 6.2
  APPLICABILITY OF PRIVACY POLICY. Konami shall collect and maintain the User Information and Historical Information in accordance with the Privacy Policy.
  
• 6.3
  DELETION OF USER INFORMATION AND HISTORICAL INFORMATION. If Your use of the Your KONAMI ID is terminated, Konami may delete the User Information and Historical Information from the database of Konami. Konami shall not retain any User Information or Historical Information in personally identifiable form for longer than is reasonably necessary to fulfill the purposes for which such information was collected and directly related purposes.
  

7.  OWNERSHIP; INTELLECTUAL PROPERTY

• 7.1
  INTELLECTUAL PROPERTY. As between You and Konami, Konami owns and shall retain all right, title and interest in and to the KONAMI ID, GAME ID and the Services, and will be the sole owner of any and all data You generate through Your use of the KONAMI ID, GAME ID and the Services, and You receive only limited rights to access and use the KONAMI ID, GAME ID and the Services, as set forth in this Agreement and any other applicable agreement. Konami may, in its sole discretion, delete, alter, or transfer any and all data generated by You through Your use of the KONAMI ID, GAME ID or the Services (but excluding User Information) at any time without notice. You assign and agree to assign to Konami all right, title and interest in and to any ideas, opinions, comments, or suggestions that You submit to Konami, its affiliates, its agents, or its representatives in any form or format (including, but not limited to, e-mail, telephone, facsimile, regular mail, and chat room discussions) and in any context in which it is apparent that Konami may use such ideas, opinions, comments, or suggestions to improve any service offered by Konami to its customers. To the extent that any such assignment is not effective, You grant Konami an exclusive, worldwide, perpetual, royalty-free, transferrable, and fully sub-licensable right to use the material in any manner and in any media, now known or hereafter developed.
  
• 7.2
  INTELLECTUAL PROPERTY NOTICES. THE KONAMI ID, GAME ID, THE SERVICES ARE PROTECTED BY THE APPLICABLE COPYRIGHT AND TRADEMARK LAWS, AND INTERNATIONAL TREATIES, AND MAY CONSTITUTE TRADE SECRETS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE OR PROGRAM PROVIDED IN CONNECTION WITH OR INCORPORATED IN THE SERVICES IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
  
• 7.3
  USER RESTRICTIONS. Unless permitted by law (and, in such case, only to the extent permitted by law), You may not:
  

  • a. modify, reverse engineer, decompile, or disassemble any software or program provided in connection with or incorporated in the Services; or
    
  • b. make any copy or otherwise reproduce the software or program provided or incorporated in the Services.
    

8.  DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• 8.1
  DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONAMI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE KONAMI ID, GAME ID AND THE SERVICES, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Without limiting the generality of the foregoing, Konami does not warrant that (i) the Services can be used under any environment, (ii) the Services will be provided error free or without fail, or that (iii) the User Information or Service Components will not be lost.
  
• 8.2
  ADDITIONAL DISCLAIMERS. Konami has no responsibility for the accuracy, legality and usefulness of any information provided to or obtained by You through the use of the KONAMI ID, GAME ID, or the Services, or that the KONAMI ID, GAME ID or the Services will meet Your expectations or requirements, or that the operation of the KONAMI ID, GAME ID or the Services will be uninterrupted or error free.
  
• 8.3
  LIMITATION OF LIABILITY. IN NO EVENT SHALL KONAMI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KONAMI'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER EXCEED THE GREATER OF (1) ONE HUNDRED US DOLLARS (US$100) OR (2) THE HIGHEST AMOUNT PAID BY YOU IN A SINGLE MONTH TO KONAMI IN REGARDS TO THE SERVICES PROVIDED HEREUNDER. AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE KONAMI'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT MONETARY DAMAGES WILL BE AN ADEQUATE REMEDY FOR ANY LOSS YOU INCUR UNDER THIS AGREEMENT, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL YOU BE ENTITLED TO SEEK ANY INJUNCTIVE RELIEF OR OTHERWISE ENJOIN, RESTRAIN, OR OTHERWISE INTERFERE WITH KONAMI OR WITH THE DISTRIBUTION, OPERATION, DEVELOPMENT, OR PERFORMANCE OF THE KONAMI ID, GAME ID, OR THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES. For clarity, nothing in this Section limits Konami's liability to you which may not be disclaimed or limited by contract under applicable law.
  
• 8.4
  THIRD PARTY MATERIALS. KONAMI MAKES NO PROMISE OR OTHER WARRANTIES THAT THE KONAMI ID, GAME ID, OR THE SERVICES WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARDS, NETWORK ADAPTORS AND MODEMS.
  
• 8.5
  DISCONTINUATION AND SUSPENSION OF THE KONAMI ID, GAME ID AND THE SERVICES. Konami shall not be liable to You for any loss or damages incurred as a result of suspension or discontinuation of the KONAMI ID, GAME ID, or the Services and You shall not be entitled to any refund, replacement or return for any products or services impacted by such suspension.
  

9.  OTHER TERMS AND CONDITIONS

• 9.1
  GOVERNING LAW; JURISDICTION. This Agreement shall be governed by the law set forth in the applicable Regional Exhibit, and all disputes arising under or in connection with this Agreement, the KONAMI ID, GAME ID, or the Services shall be governed by the courts set forth in the applicable Regional Exhibit, provided that Konami may seek preliminary, interim, or permanent injunctive relief under this Agreement from any court having jurisdiction over the matter in dispute.
  
• 9.2
  SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
  
• 9.3
  WAIVER. No waiver by Konami of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, 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 this Agreement.
  
• 9.4
  ASSIGNMENT. Konami shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this Agreement in whole or in part to any third party at any time without notice to You. You shall not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, any rights or obligations under this Agreement. Except as provided herein, any purported assignment, transfer, or delegation by You shall be null and void.
  
• 9.5
  ENTIRE AGREEMENT. This Agreement, as amended from time to time pursuant to Section 2 of this Agreement, together with all incorporated documents, including the applicable Exhibits, constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and, without prejudice to any party's liability for fraudulent misrepresentation, supersedes any and all prior or contemporaneous oral or written communications with respect hereto. You acknowledge and agree that you have read this Agreement and understand and accept its terms.
  

Revised on 10/19/2010.
Established on 09/06/2008.

This Regional Exhibit is an Exhibit to the "KONAMI ID BASIC TERMS AND CONDITIONS" and will apply to the Users who have selected countries in North, Central or South America as their Country in registering their KONAMI ID.

1. General Provisions

• 1.1
  DEFINITIONS. Unless otherwise specifically provided in this Regional Exhibit, the terms used in this Regional Exhibit shall have the meaning assigned to such terms in the KONAMI ID Basic Terms and Conditions.
  

  • "Agreement" means the KONAMI ID BASIC TERMS AND CONDITIONS together with the Exhibits attached thereto (including, for the avoidance of doubt, this Regional Exhibit).
    
  • "Konami" means Konami Digital Entertainment, Inc. (2381 Rosecrans Ave, Suite 200, El Segundo, CA 90245-4922 U.S.A.).
    
  • "Privacy Policy Website" means http://www.konami.com/privacy/.
    
  • "Website" means https://my.konami.net/.
    
  • "Territory" means North, Central and South America.
    
• 1.2
  SCOPE. This Regional Exhibit sets forth the region-specific terms and conditions applicable to the KONAMI ID, GAME ID and the Services provided to Users whose Country is located in the Territory.
  
• 1.3
  CHILDREN.
  

  • a. You must be aged fourteen (14) or over to apply for the KONAMI ID, and Konami shall be entitled to terminate Your KONAMI ID if Konami determines or believes You to be under the age of fourteen (14) (not to include the age of fourteen (14)) or if Konami determines or believes that You are permitting children under the age of fourteen (14) to access and/or use the Services using Your KONAMI ID and/or GAME ID in circumstances where you are not the responsible parent or legal guardian.
    
  • b. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of SafeFamilies.org (http://www.safefamilies.org/SoftwareTools.php).
    
• 1.4
  GOVERNING LAW; JURISDICTION. This Agreement shall be governed by the laws of California regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in California, USA for all disputes arising out of or relating to this Agreement.
  
• 1.5
  NOTICES UNDER CALIFORNIA LAW. Under California Civil Code Section 1789.3, if You are entitled to the following specific consumer rights notice:
  Konami Digital Entertainment, Inc. can be contacted at 2381 Rosecrans Ave, Suite 200, El Segundo, CA 90245-4922 U.S.A. or by telephone at (310) 220-8100. Currently there are no charges to the consumer for use of the KONAMI ID, GAME ID or Services, other than the cost of any products or services separately purchased and any applicable taxes, shipping fees, and other charges associated with such purchases. We reserve the right to change our pricing. To resolve a complaint with respect to the KONAMI ID, GAME ID or Services, please contact us at the address above. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
  
• 1.6
  TERMINATION. In addition to Section 2.7 of the Agreement, Konami may terminate the Agreement if:
  

  • a. You fail to make any payment under the Agreement;
    
  • b. You have misused credit cards; or
    
  • c. The credit card registered hereunder is suspended or void.
    

2. Payment

• 2.1
  GENERAL
  

  The payment with respect to the Services may be made through credit card or any other payment measures separately provided for with respect to specific Services.
  

• 2.2
  CREDIT CARD PAYMENT
  

  • a. Payment made by credit card may be collected by a collection service provider ("Service Provider").
    
  • b. The credit card You use in making the payment hereunder must be in Your own name, and must be valid at the time of the payment. The payment by a credit card shall be subject to the terms and conditions of the agreement by and between You and the applicable credit card company.
    
  • c. If You are a Minor, You must have the express authorization of Your parent or legal guardian to pay for the Services. Such authorization must be evidenced by the registration of the credit card information on Your behalf by such parent or legal guardian (which registration shall also constitute Your parent or legal guardian's acceptance of the purchases made by You hereunder). If Konami determines or believes that You are a Minor and have registered the credit card information in the absence of authorization from Your parent or legal guardian, Konami shall be entitled to terminate Your KONAMI ID, GAME ID and/or the provision of the Services. Konami may apply additional restrictions to Minors' use of credit cards pursuant to Section 2.5 of the KONAMI ID Agreement.
    
  • d. There are countries in the Territory where Konami does not allow credit card purchases.
    
  • e. Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by You, and shall not be deductible from the amount due to Konami.
    
  • f. Once a payment has been verified and received by the Service Provider or credit card company, the payment may not be cancelled.
    
  • g. In the event that any dispute arises in connection with the payment between You and the applicable credit card company due to reasons not attributable to Konami, the matter shall be resolved by such parties concerned.
    

• Revised on 10/19/2010.
  
• Established on 09/06/2008.