TERMS AND CONDITIONS OF USE
1. Introduction
This website at http://www.konami-europe.com/games (the "Website") is provided by Konami of Europe GmbH of 103-105 Berner Straße, 60437 Frankfurt-am-Main, Germany, its employees and agents ("we"/"our"/"us"/"KOE"). For the purposes of these Terms and Conditions of Use, the word "use" includes, but is not limited to, your reading, viewing, uploading or downloading any part of the Website.
2. User Agreement
Use of the Website and the products and services provided via it are conditional upon you accepting the following Terms and Conditions of Use. Unless otherwise specified, your acceptance shall be indicated by your use of the Website. If you do not accept these Terms and Conditions of Use, you must not use the Website.
These Terms and Conditions of Use and our Privacy Policy, form our entire agreement with you in respect of your use of the Website (the "User Agreement") and supersede any prior agreement or arrangement with you in respect of the Website.
3. Newsletter
We will confirm acceptance of your newsletter request by sending you a confirmatory e-mail to the address you supplied on the newsletter request form ("Your Address"). E-mails to you shall be to Your Address.
We shall comply with all applicable Data Protection laws in the United Kingdom. For a description of how we use your personal data, please see our Privacy Policy.
4. Unsubscribing
If you wish to stop receiving the newsletter you may unsubscribe here:
http://uk.konami-europe.com/newsletter/unsubscribeForm.do
5. Patches
From time to time we may make software patches available free of charge for download from this Website. Your downloading or use of software patches from this Website may be subject to separate terms and conditions. Except to the extent expressly stated in such terms and conditions, you acknowledge that such software patches are provided "as is" and we disclaim any all representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise in connection with such software patches, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose, non-infringement or compatibility.
6. Availability of the Website
We will make reasonable commercial efforts to ensure that the Website is available 24 hours per day without any interruptions. However, we reserve the right to make the Website unavailable at any time or to restrict access to all or part of the Website without notice.
7. Use of the Website
You may not use the Website or any of its content for any commercial purpose whatsoever including, without limitation, to provide a service to any other person. Furthermore, you must not use, copy, translate, publish, licence or sell the Website or any part of it, or its structure, overall style and program code without our written consent. If you wish to make a request for such consent, then please address that request to support@konami.de.
You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired, nor to attempt any unauthorised access to any part or component of the Website.
You agree that any information that you provide in connection with, or which forms part of, this Website will be and remain true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature of any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of any publication or use of such information. It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them and it is important that you do so promptly.
8. Intellectual property
The materials and information on the Website and the structure, overall style and program code of Website are protected by copyright, and may not be used by you except as expressly provided in these Terms and Conditions of Use. All rights not expressly granted are reserved. The authors of the text and other materials in this Website assert their moral rights. KONAMI, KONAMI OF EUROPE and associated logos are trade marks or registered trade marks of Konami Corporation. You must not use these or any other registered or unregistered trade marks on the Website without our prior written permission.
9. Links
The Website includes links to other internet sites. We make no representations or warranties about those sites or their content, nor that the links work. We are not necessarily affiliated to those sites and shall not be liable in any way for their content.
If you wish to link to this Website you may only do so at http://www.konami-europe.com/games. Details of our linking arrangements may be obtained from support@konami.de.
10. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
11. Changes to this User Agreement
Any variations to this User Agreement (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by KOE. We may change or supplement this User Agreement from time to time. These changes shall form part of this User Agreement, even if you do not re-visit this page to re-read the User Agreement, unless we receive written notification from you that you do not agree to be so bound (in which case you must immediately cease using the Website).
12. Your liability
If you use the Website for any illegal purpose or for any purpose other than that expressly permitted by this User Agreement or otherwise in breach of this User Agreement, you will be liable to indemnify us in full for any loss liability of cost which we incur arising from or in connection with any such use or alleged use.
13. Our liability
We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
This Website is provided 'as is' and 'as available'. Except as expressly provided in this User Agreement, we expressly disclaim all representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of accuracy, completeness, satisfactory quality, fitness for a particular purpose or reasonable care and skill. We will not be responsible or liable to you for any loss of content, data or other materials as a result of your use of the Website.
We shall not be liable in contract, tort (including negligence), statutory duty, collaterally or otherwise arising out of or in connection with this User Agreement for consequential, indirect or special loss or damage or any economic losses (including loss of revenues, profits, contracts, business, anticipated savings, goodwill or reputation), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Nothing in this User Agreement shall exclude or limit our liability for death or personal injury arising from our negligence.
14. Assignment
You may not transfer any of your rights or delegate any of your obligations under these Terms and Conditions of Use without our prior written consent.
15. Failure to enforce
If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
16. Entering this User Agreement
You acknowledge that you have not entered into this User Agreement in reliance upon any non-fraudulent representation, statement or warranty made or agreed by any person except as expressly repeated in this User Agreement.
17. General
Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. Nothing in this User Agreement affects your statutory rights as a consumer. If any part of this User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not effect the validity and enforceability of any of the remaining provisions.
18. Applicable law
This User Agreement is governed by English law and any dispute connected with this User Agreement shall be subject to the exclusive jurisdiction of the English courts.
19. Notices and Complaints
Notices sent in connection with this User Agreement must be sent to the address stated above. If you have any complaints concerning this Website you may send them to support@konami.de.
Win a Trip to Madrid
Talk Sport Competition Prize Terms and Conditions
To Enter
These terms and conditions apply to all entrants to the on-air talkSPORT football quiz
Eligibility
You must be aged 18 or over to enter.
The competition is not open to employees of Konami Digital Entertainment GmbH, any person or company engaged in the promotion of this draw, their affiliates or sub-contractors (the ?Promoters?) or any relation of such employees.
Only one entry per person is allowed.
Entries not complying with these terms and conditions will be invalid.
The Promoters are not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
The Promoters reserve the right to suspend cancel or alter the terms of this competition at any time in their sole discretion.
Prize
The winner of the competition will receive two standard class return air tickets to Madrid, one night?s free hotel accommodation for two people sharing (room only), and two tickets to a Real Madrid match on a Saturday evening. The date of the trip is in Promoter?s entire discretion. If the trip has to be cancelled for any reason, the Promoter?s reserve the right to award a substitute prize or approximately equal value. Winners will be responsible for all other travelling and subsistence expenses, such as travel to and from airports, taxis, room service, telephone calls, etc. The Promoters are not responsible for any liability for tax which may arise upon your receipt of this prize. You shall be solely responsible for arranging travel or other insurance in connection with the trip.
Any runner-up or other similar prizes will be awarded in the Promoter?s entire discretion, but the Promoters do not represent that any such prizes will be available.
General Conditions
If for any reason this competition or any part of it is not capable of running as planned, including without limitation due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoters, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, the Promoters reserve the right in their sole discretion to take any action that may be available, including the cancellation of all or part of the competition.
The Promoters reserve the right in their sole discretion to disqualify any individual who does not meet the entry criteria or who tampers with the entry process, and to cancel, terminate, modify or suspend the competition as a result.
If a winner cannot be traced after reasonable efforts have been made by the Promoters, that winner will forego their prize and prizes may be reallocated.
Winner Publicity
By entering a this competition the you accept that if you win a prize, the Promoters and their affiliated companies will have the right, to use your name and likeness, and personal details such as biographical information, age and town of residence, for the purposes of promoting the outcome of the draw and for related promotional purposes without being required to provide any further compensation to you, and you agree to sign any further documents in order to give effect to this condition.
Your Data
Konami Digital Entertainment GmbH would like to keep entrants informed of Konami products and services by email and/or telephone. Please e-mail Konami at en_support@konami-europe.net if you specifically do not want to receive this information or write to us at Konami Digital Entertainment GmbH, 14th Floor, 389 Chiswick High Road, London W4 4AL. Konami will not pass entrants' email addresses or other personal data to any third party for marketing purposes without your specific consent.
Win a Trip to Madrid
Prize Draw Terms and Conditions of Entry
To Enter
You will be automatically entered into the draw on becoming a ?fan? of the Pro Evolution Soccer Facebook page at http://www.facebook.com/PES. By entering the draw you agree to be bound by these terms and conditions.
Eligibility
The draw is open to all legal residents of the United Kingdom, who fulfil the entry criteria up to midnight on 19th November 2011 (or such other date as may be notified to you in advance) (the ?Promotion Period?) and who are aged 18 or over on the date of entry. The Promoters reserve the right to suspend cancel or alter the terms of this competition at any time in their sole discretion.
The draw will take place no later than 30th November 2011. Winners will be notified as soon as is practicable.
The competition is not open to employees of Konami Digital Entertainment GmbH, any person or company engaged in the promotion of this draw, their affiliates or sub-contractors (the ?Promoters?) or any relation of such employees.
Only one entry per person is allowed.
Entries not complying with these terms and conditions will be invalid.
The Promoters accept no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost, late or misdirected entries. The Promoters are not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
Prize
The winner of the draw will receive two standard class return air tickets to Madrid, one night?s free hotel accommodation for two people sharing (room only), and two tickets to a Real Madrid match on a Saturday evening. The date of the trip is in Promoter?s entire discretion. If the trip has to be cancelled for any reason, the Promoter?s reserve the right to award a substitute prize or approximately equal value. Winners will be responsible for all other travelling and subsistence expenses, such as travel to and from airports, taxis, room service, telephone calls, etc. The Promoters are not responsible for any liability for tax which may arise upon your receipt of this prize. You shall be solely responsible for arranging travel or other insurance in connection with the trip.
Any runner-up or other similar prizes will be awarded in the Promoter?s entire discretion, but the Promoters do not represent that any such prizes will be available.
General Conditions
If for any reason this competition or any part of it is not capable of running as planned, including without limitation due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, the Promoters reserve the right in their sole discretion to take any action that may be available, including the cancellation of all or part of the competition.
The Promoters reserve the right in their sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition as a result.
If a winner cannot be traced after reasonable efforts have been made by the Promoters, that winner will forego their prize and prizes may be reallocated.
Winner Publicity
By entering a this competition the you accept that if you win a prize, the Promoters and their affiliated companies will have the right, to use your name and likeness, and personal details such as biographical information, age and town of residence, for the purposes of promoting the outcome of the draw and for related promotional purposes without being required to provide any further compensation to you, and you agree to sign any further documents in order to give effect to this condition.
Your Data
Konami Digital Entertainment GmbH would like to keep entrants informed of Konami products and services by email and/or telephone. Please e-mail Konami at en_support@konami-europe.net if you specifically do not want to receive this information or write to us at Konami Digital Entertainment GmbH, 14th Floor, 389 Chiswick High Road, London W4 4AL. Konami will not pass entrants' email addresses or other personal data to any third party for marketing purposes without your specific consent.
