THIS IS A BINDING AGREEMENT
This Website is owned by Konami Cross Media NY, Inc. (“KCM”, “we”, “us” or “our”).
THIS IS A BINDING AGREEMENT BETWEEN YOU AND KCM. 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, OUR SERVICES AND RESTRICTION ON USE
We reserve the right to modify, suspend and discontinue the Website, any Content and any of the services on the Website at any time, without notice. If you have established an account with us or have registered with us, or submitted anything to us or posted anything to the Website, we are under no obligation to store your information, posting or submission.
OWNERSHIP OF INTELLECTUAL PROPERTY ON THE WEBSITE
All trademarks, logos, and service marks displayed on the 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 the Website and in the services offered on the Website, including, but not limited to, all of the Trademarks, characters, stories, ideas, graphics, illustrations, data, text, artwork, images, marks, photographs, design elements, materials, codes, software, icons, music, audio and video (collectively, the "Content"). The Content is derived in whole or in part from material supplied by KCM, its licensors and/or suppliers, and is protected by U.S. and international copyright trademark, patent, and/or other intellectual property laws. No Content, 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 the Content is in the public domain or you have obtained written permission from KCM and/or the appropriate licensor. Modification of the Content or use of the Content, 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 includes creating montages, wallpaper, merchandise, video mash-ups, even if you provide these for free.
USER SUBMISSIONS AND POSTINGS; YOUR IRREVOCABLE RELEASE AND WAIVER
You must be 13 years old or older to post anything on the Website or submit anything to the Website.
You irrevocably grant to KCM and KCM’s affiliates and successors sole rights, title and interest in perpetuity throughout the universe in and to any and all information, data, text, software, music, sound, audio files, images, selfies, photographs, graphics, drawings, art, video, messages, opinions, ideas, tags or other materials submitted or posted by or on behalf of you to the Website or to KCM (collectively, “User Submissions”). KCM shall have exclusive right to use, distribute, syndicate, license, sell, reproduce, copy, edit, modify, adapt, print, publish, broadcast, translate, transmit, publicly perform, create derivate works and publicly display (collectively, “Use”) your User Submissions (in whole or in part) in any format or medium now known or later developed (including without limitations on the Internet, mobile devices, merchandise, print media, advertisements and film) anywhere in the universe at any time, without notice to you and without seeking your approval and without any compensation to you.
You irrevocably consent to KCM, its affiliates, its successors, and their respective licensee’s and authorized parties’ Use of your name, nickname and tagline in connection with your User Submission) in any format or medium now known or later developed (including without limitations on the Internet, mobile devices, merchandise, print media, advertisements and film) anywhere in the universe at any time, without notice to you and without seeking your approval and without any compensation to you.
KCM is under no obligation to pre-screen User Submissions and You agree that you are solely responsible for all of your User Submissions. KCM is not required to host, display, or distribute any User Submission, and may remove any User Submission at any time without notice, for any reason or no reason at all, and in KCM’s sole discretion. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our use of such submissions shall not be defamatory and do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Website, such as your home address or the home address of others. All content and materials displayed or transmitted on the Website are intended for general information, general discussion, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED "AS IS," AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.
Before submitting or posting anything to the Website or to KCM, you must read and agree to the Submission Release.
RULES OF CONDUCT ON THE WEBSITE
KCM expects users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section and understanding that you will not access the 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 or services on the Website in any way, unless the 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 Yugioh.com (including its services and Content) that is not authorized by KCM (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms);
• Involves accessing Yugioh.com (including its services and the Content) 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 " but not caches or archives “of Yugioh.com and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
• 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;
• Damages, disables, overburdens, impairs, or gains unauthorized access to Yugioh.com, including KCM servers, computer network, or user accounts;
• Removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with Yugioh.com;
• Advertises or promotes services, products, goods or activities that are not expressly approved in advance in writing by KCM;
• Encourages conduct that would constitute a criminal offense or give rise to civil liability;
• Violates any law, rule or regulation;
• Is harmful, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar, obscene, hateful or otherwise objectionable;
• Interferes with any other party's use and enjoyment of Yugioh.com; or
• Attempts to do any of the foregoing.
We may cooperate with local, state and/or federal authorities to protect the Website, its services, the 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 the Website.
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 the 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 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.
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 the 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 the Website that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content or a screenshot of the item;
• A description of how you believe this content infringes your trademark;
• If you are not the rights owner, an explanation of your relationship to the rights owner;
• A declaration that:
o 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;
o The information in your notice is accurate; and
o 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
EMBEDDED CONTENT, LINKED DESTINATIONS AND ADVERTISING
To the extent that these sites collect personal information or postings from a User, be advised that in no event shall KCM or any of its affiliates assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites.
REGISTRATION AND USER INFORMATION
If and when you provide us with your email address, you consent to our using that email address to send you notices, including notices required by law, in lieu of postal mail.
CONTESTS AND SWEEPSTAKES
DISCLAIMER AND LIMITATION OF LIABILITY
KCM is not responsible for any incorrect or inaccurate postings on the Website, or on sites that link to or from the Website, whether caused by Users of the Website or by any equipment or programming associated with or utilized in the Website.
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 AFFILIATES, 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, THE SITE OR THE MATERIALS CONTAINED ON THIS SITE, WHETHER OR NOT THE MATERIAL 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 THE WEBSITE OR THE CONTENT IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
YOUR USE OF THE 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 THE 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 THE WEBSITE, ITS SERVICES OR 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 YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
NEW YORK LAW AND FORUM; ENTIRE AGREEMENT
STATUTE OF LIMITATIONS
COPYRIGHT AND TRADEMARK INFRINGEMENT
We respect the intellectual property rights of others. If you believe a User Submission is infringing your copyright or trademark, please provide us with written notice to Legal Department, Konami Cross Media NY, Inc., 53 West 23rd Street, 11th Floor, New York, New York 10010. Or, send an email to: firstname.lastname@example.org. Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) your contact information (including postal address, telephone number, and e-mail address); (e) contain a statement, under penalty of perjury, that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement, under penalty of perjury, that the information in the written notice is accurate; (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (h) any supporting documentation to your claim.
QUESTIONS OR CONCERNS