1. Introduction
This website at http://www.yugioh-card.com/ (the "Website") is provided by Konami of Europe B.V. of 14-16 Sheet Street, Windsor SL4 1BG, United Kingdom, 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.
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.
3. 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.
4. 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.
5. 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 webportal_eu@konami.com
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.
6. 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 trademarks or registered trademarks of KONAMI HOLDINGS CORPORATION. You must not use these or any other registered or unregistered trade marks on the Website without our prior written permission.
7. 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.yugioh-card.com/. Details of our linking arrangements may be obtained from webportal_eu@konami.com
8. 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 analyse 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.
9. 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 KDE-E. 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).
10. 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.
11. 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.
12. 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
13. 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.
14. 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.
15. 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.
16. 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.
17. Notices and Complaints
Notices sent in connection with this User Agreement must be sent to the address stated below. If you have any complaints concerning this Website you may send them to webportal_eu@konami.com