Terms of Use- Australia

These Terms of Use apply to your access to, and use of, all or part of any Sites, online service or mobile application of Konami Australia Pty Ltd and/or its subsidiaries and affiliated companies (collectively, “Konami”), including specifically au.konamigaming.com, and including its main website, konamingaming.com, to the extent applicable., and any other Sites, online service, or mobile application where these Terms of Use are posted or are accessible via hyperlink (collectively, the “Sites”).

Reference to “Konami”, “we”, “us” or “our” is a reference to Konami Australia Pty Ltd’s activities in Australia solely through its subdomain, au.konamigaming.com.

Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the Sites.

General

Konami reserves the right to change or modify these Terms of Use, or any policy or guideline of the Sites, at any time and in its sole discretion. Any modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Sites will confirm your acceptance of such modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop accessing and using the Sites.

Privacy Policy

You confirm that you have read our Konami Privacy Policy and the Australia Privacy Policy Online Privacy Policy (collectively, the “Privacy Policies”), the terms of which are incorporated herein, and agree that the terms of the Privacy Policies are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policies. Please visit the Privacy Policies by clicking on this link.

Conduct

In using the Sites, you are prohibited from any resale or commercial use of the Sites or any Content (as defined below); any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or any Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Konami. You may not frame or utilise framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of Konami or our business affiliates without the express written consent of Konami. You may not use any meta tags or any other “hidden text” utilising Konami name or trademarks without the express written consent of Konami. You shall be solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Sites.

Unless otherwise specified, the Sites are for your personal and non-commercial use. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, print and copy portions of the material from the different areas of the Sites solely for your own non-commercial use. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Content without the prior written permission of Konami.

Intellectual Property Rights

Unless otherwise noted, the Sites and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, videos, digital downloads, written and other materials that appear as part of the Sites (collectively, the “Content”) are intellectual property owned, controlled or licensed by Konami. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Sites or any Content. Nothing on the Sites is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Sites without the prior written permission of Konami. Any rights not expressly granted herein are reserved by Konami and/or its third party providers.

Limitation of Liability

Subject to your rights under the Australian Consumer Law, you understand and agree that in no event will Konami be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, tort, or other theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if Konami had been advised of such damages. In particular, and without limitation, Konami will not be liable for the damages of any kind resulting from the use of or the inability to use the Sites or from any Content posted on the Sites by Konami or anyone else. Konami does not represent or endorse the accuracy or reliability of any user-generated content displayed, uploaded, posted on any message board, or otherwise distributed through the Sites and will not be liable for any damages resulting from user-generated content. However, nothing in this paragraph will be interpreted to affect the individual product warranties that are standard for Konami products.

Your sole remedy for dissatisfaction with the Sites or the Content is to stop using the Sites. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you. You agree that use of the Sites is at your sole risk and you shall be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Sites, or the downloading or use of any materials, data, text or images from the Sites.

3rd Party Service Providers

In order to provide the Sites and other services to you, we use and need the assistance of a number of 3rd party service providers. As such, the provision of this Sites and our services is subject and conditional upon the provision of the various services by 3rd parties. You agree to be bound by the relevant 3rd party service provider’s terms and conditions of supply.

Links to Other Sites & Services

The Sites may provide links to third-party websites or resources, including links that contain financial or investment information about Konami. Konami provides third-party links for your convenience only, and is not responsible for the content of any third party websites linked to or from the Sites. Links from the Sites to any third-party website does not mean that Konami approves, endorses or recommends that site. Konami disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any such third-party website. If you decide to access such third-party websites, you acknowledge that you do so entirely at your own risk.

You may not create a link to any part of Konami Sites, unless expressly permitted on this Site, other than solely for your own personal/domestic, informational or non-commercial purposes, without prior written consent.

For the purposes of this section, third-party websites or resources include links to Konami independent dealers (the “Dealers”), and Konami is not responsible for any of the actions, services, or omissions of the Dealers, including, but not limited to scheduling, quality of services, dealer inventory, dealer price, and any other issues that may result from your transaction with the Dealers.

Comments, Feedback and Other Submissions

Konami welcomes your comments, feedback and other submissions through the Sites. We do not, however, accept confidential or proprietary information. Accordingly, you represent and warrant that all comments, feedback, suggestions, creative materials, information, ideas, notes, drawings, concepts, inventions or other submissions disclosed, submitted, made available or offered to Konami using the Sites (collectively, “Data”) are accurate, not confidential and not in violation of any contractual restrictions, or other third party rights. Subject to the Privacy Policies, by making a submission, you grant to Konami a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to collect, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialise, in any way now known or in the future discovered, any and all Data without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Terms of Use. You agree that you will not provide us with any Data that could allow an individual person to be identified unless there is a field for the provision of such Data.

You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable content, or information. Konami reserves the right to remove or edit user-generated content, from time to time, but Konami does not control or direct users’ actions on the Sites and hence will not be responsible for user-generated content or information that may be available on the Sites.

Konami’s Licence to use Submitted Material

By uploading material to the Sites or otherwise submitting any material through the Sites (including the logging of your IP address), you automatically grant (or warrant that the owner of such materials expressly grants) Konami a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Konami for purposes including (without limitation) marketing, research and development of goods and services.

To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Konami, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.

You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.

Prohibited Uses

In using the Sites and Services you must not:

• Engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;

• Impersonate or falsely claim to represent a person or organisation;

• Engage in conduct that is misleading or deceptive, or is likely to mislead or deceive;

• Defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of Konami or any third party, including without limitation, rights relating to privacy, intellectual property or publicity;

• Post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Sites in a manner which is unlawful;

• Post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan , worm or other harmful or disruptive component;

• Not link to any part of the Sites or frame or use any framing techniques to capture any part of the Sites; or

• Use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Sites, or use any manual process to copy the Sites or content contained thereon;

• Access and/or or attempt to access any part of this Sites you are not authorised to, including by passing network firewalls; or

• Attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites, including automated tools.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.

Disclaimer

The Sites and all Content, information, services, and products of the Sites are provided on an “as is” basis without warranties of any kind, either express or implied, including, but without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance. Konami makes no warranties or representations about the accuracy or completeness of the Content and assumes no liability or responsibility for errors, mistakes or omissions in the Content or personal injury or property damage of any kind arising out of the use of or inability to use the Sites.

You acknowledge, by your use of the Sites, that your use of the Sites is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Sites, and that Konami will not be liable for any damages of any kind related to your use of the Sites. Konami makes no warranty that (i) the Sites will meet your requirements; (ii) access to the Sites will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Sites will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Sites or pursuant to your use of the Sites will meet your expectations; (v) any errors on the Sites will be corrected; or (vi) the Sites or services on which they are hosted are free of viruses or other harmful components.

Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to you.

Limitation of Liability

In no event will Konami be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, tort, or other theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if Konami had been advised of such damages. In particular, and without limitation, Konami will not be liable for the damages of any kind resulting from the use of or the inability to use the Sites or from any Content posted on the Sites by Konami or anyone else. Konami does not represent or endorse the accuracy or reliability of any user-generated content displayed, uploaded, posted on any message board, or otherwise distributed through the Sites and will not be liable for any damages resulting from user-generated content. However, nothing in this paragraph will be interpreted to affect the individual product warranties that are standard for Konami products.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold Konami, its affiliates, and their officers, directors, shareholders, agents, employees, successors harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to, a violation by you or your agents of these Terms of Use, your infringement of any third party right, including but not limited to any intellectual property or proprietary right, your use of the Sites or any other person accessing the Sites using your Internet account, or the use of the Sites by any other person accessing the Sites on your behalf or acting as your agent.

Applicable Laws

Your use of the Sites will be governed in all respects by the laws of the State of Victoria, Australia, without regard to choice of law provisions. You consent and submit to the sole and exclusive jurisdiction by and venue in the courts located in Victoria, one of the states of Australia, in any legal proceeding directly or indirectly arising out of or relating to the Sites. By using the Sites, you consent to service of process in accordance with the rules of such courts, irrevocably submit to the jurisdiction of such courts, and waive any objection that you may have to either the jurisdiction or venue of such courts. Konami’ failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. Konami may assign its rights and duties under this Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the above, you agree that Konami will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Konami makes no representation that materials in the Sites are appropriate or available for use in countries outside Australia or New Zealand and prohibits access from territories where the Content is illegal. Those who choose to access the Sites from locations outside the Australia or New Zealand do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of Australian or New Zealand regulations. Any claim relating to the materials will be governed by the substantive laws of the State of Victoria.

In any action against Konami arising from the use of the Sites, the prevailing party will be entitled to recover all legal fees and expenses incurred in connection with the action, including but not limited to reasonable attorney’s fees and costs.

Your Account

If you use any Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Konami does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Konami reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Miscellaneous

The terms and conditions found in this Terms of Use and in the Privacy Policies set forth the understanding and agreement between you and Konami with respect to the Sites unless certain services offered through the Sites require your agreement to additional terms and conditions. You acknowledge that any other agreements between you and Konami with respect to the Sites are superseded and of no force or effect. If any provision of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.