YU-GI-OH! ONLINE TERMS OF SERVICE

1. Use Constitutes Agreement

The Yu-Gi-Oh! Online Software (this "Software") is offered to you, the user, by Konami Digital Entertainment and affiiate company ("KONAMI") conditional on your acceptance without modification of the terms and conditions set forth herein (the "Agreement"). Your use of the Yu-Gi-Oh! Online Official Website (the "Official Website") constitutes your acceptance of all terms and conditions of this Agreement. KONAMI may change, add, or remove any part of this Agreement or any other terms associated with the use of the Official Website at any time without giving prior notice of such changes. Any changes shall become part of this Agreement and shall apply as soon as such notice is posted on the Official Website. By continuing to use this Software after such notice is posted, you indicate your acceptance of such changes.

2. Limited License for Use

KONAMI grants you a non-exclusive, non-transferable, limited right to enter, to use, to perform, and to display this Software and everything on it, for as long as you comply with the terms of this Agreement. This Software is for your personal use only. You may not sell or exchange anything you copy from this Software or use it for any business or commercial purpose, and you agree not to interrupt or hinder the operation of the Official Website and this Software in any way. KONAMI reserves the right to deny access to this Software to any individual.

3. User Registration

3.1. User Registration
Certain areas of this Software may require you to register and obtain user ID before accessing or participating in certain activities. Registration of user ID is limited to individuals and is subject to this Agreement at all times. You may decide to register or not. If you decide to register, you must provide true, current, and accurate information. KONAMI reserves the right and sole discretion (i) to refuse registration to any individual, and (ii) to modify or delete any registered account and data related thereto. All registered user data will be handled in accordance with KONAMI's established "Privacy Policy".

3.2 Distribution of User ID and Password
Any user ID and password supplied to you in connection with this Software's content and/or services you purchase is personal to you. You may not transfer or make available your user ID and password to others. Distribution of a user ID or password to any third party is grounds for KONAMI's cancellation of all content and/or services, whether subscription-based or free, without refund. You may be held accountable for any loss or damage KONAMI incurred due to this unauthorized use.

4. INTERACTIVE FEATURES

4.1. Use of Interactive Features
Some of the Software's interactive features (e.g., chatting, e-mailing, and virtual card-trading) are free services provided to registered users of this Software; other subscription based interactive features (such as duels) are services provided to some or all paying subscribers to certain games. Collectively, these features are referred to as "KONAMI's Interactive Features." By using any of KONAMI's Interactive Features, you agree to be bound by this Agreement.

4.2. Interactive Feature Content
Any person who transmits information or material (hereafter "Content") to KONAMI's Interactive Features is solely responsible for such Content. KONAMI is in no way responsible for such Content. KONAMI does not control the Content of any third party posting in its Interactive Features and does not guarantee the accuracy, integrity, decency, or quality of anything within them. KONAMI is not liable for any errors or omissions in any posting or for any loss or damages incurred resulting from use of information contained within KONAMI's Interactive Features. Nevertheless, KONAMI may terminate the access of any person using KONAMI's Interactive Features who provides or posts Content without first obtaining necessary rights and permissions.

4.3. Monitoring Interactive Features
KONAMI has no obligation to monitor its Interactive Features or any other use of the Official Website. Nevertheless, KONAMI reserves the right to, and may from time to time, monitor information transmitted or received through KONAMI's Interactive Features. During monitoring, information may be examined, recorded, copied, and used for purposes authorized by the policies, terms and conditions of this Software and laws governing the same. Use of this Software constitutes consent to such monitoring. KONAMI also reserves the right to disclose information sent to this Software, including in KONAMI's Interactive Features, as necessary to satisfy any law, regulation, or governmental request. KONAMI further reserves the right to remove or refuse to post Content that in KONAMI's sole discretion is objectionable or in violation of this Agreement.

4.4. Termination of Interactive Features
KONAMI reserves the right to terminate the interactive features of this game at any time of its choosing and will not be held liable for any resulting losses suffered by the user or any third parties involved.
A notice will be posted on the official website for a period of 90 days prior to the termination of the interactive features of this game.

5. RULES OF CONDUCT

You agree not to do any of the following while using this Software, including KONAMI's Interactive Features:

5.1. Transmit any message, information, data, text, software or graphic files or other material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or that may be invasive of another's right of privacy or publicity, hateful, racially or ethnically derogatory or otherwise objectionable.

5.2. Impersonate or otherwise misrepresent your affiliation with any person or entity, including but not limited to a KONAMI employee or agent.

5.3. Post or transmit Content that contains a virus or corrupted data.

5.4. Delete any author attributions, legal notices or proprietary designations or labels that you post or send to any of KONAMI's Interactive Features.

5.5. Use any of KONAMI's Interactive Features in a manner that adversely affects the availability of its resources to other users (e.g., shouting excessively by using ALL CAPS, flooding by continuously posting repetitive text, or posting excessively large embedded images).

5.6. Post or transmit unsolicited advertisements or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

5.7. Intentionally or unintentionally violate any applicable local, state, national or international law, rule, or regulation.

5.8. Post or transmit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

5.9. Undertake any Real Money Trading (RMT)

5.10. Use any phenomenon or effect caused by a defect(s) of the Official Website or this Software to make a profit.

5.11. Use, create, distribute, sell, solicit, etc. prohibited utilities (external program tools) with the ability to influence the game, such as macro tools or speed cheats

5.12. Hinder the game by aborting during a duel, etc.

5.13. Send any message or information violating these various prohibitions disguised in any way, such as by the use of homonyms or dialects, misspellings, phonetic substitution, etc
5.14. Any other acts judged to be inappropriate or abnormal by the general consensus standards of other users and KONAMI

By submitting Content to this Software, including any of KONAMI's Interactive Features, you grant KONAMI a royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any such Content worldwide. Such right and license also permits KONAMI to incorporate Content in other works in any form, media, or technology now known or later developed. You also waive any "moral rights" to such Content.

6. Duel Pass and Credit Card Payment

Some content and/or services may be offered to you on a fee basis. If you select to purchase fee-based content and/or services, you may use a Duel Pass or a specific credit card.

6.1. Use of Credit Card
You must transmit a purchase request form to KONAMI after confirming that all information you provide (such as your credit card number and expiration date) is true and accurate. Only credit cards in your name will be accepted. Also, a credit card payment follows the terms otherwise agreed between you and your credit card company. KONAMI will seek approval of your credit card by your credit card company in the designated manner.
You pay your credit company in accordance with the contract between you and your credit card company. KONAMI will receive this payment, which is based on the purchase agreement made between you and KONAMI, from your credit company.

6.2. Use of Duel Pass
You must enter your Duel Pass code, consisting of the 16-character alphanumeric code printed on your Duel Pass, in the correct entry field. After this submission, you may not reuse a Duel Pass card that has been previously certified by KONAMI. Additionally, no refund will be made.

7. DUELPASS POINTS
7.1. Purchasing DUELPASS POINTS
(1) Users can obtain DUELPASS POINTS which are necessary in order to play this game either by purchasing a DUELPASS at retail or by ONLINE credit payments.
(2) KONAMI may at times impose a limit on the number of DUELPASS POINTS that can be obtained in a single purchase, or the total number of DUELPASS POINTS that a user can posess at one time.
(3) KONAMI will under no circumstances refund or exchange for cash DUELPASS POINTS which have been purchased by the user. Only in cases where serious negligence is proven on behalf of KONAMI will this not apply.

7.2. Loss and Invalidation of DUELPASS POINTS
(1) DUELPASS POINTS are effective for 180 days after the user last logs in to his/her account unless it is specifically stated otherwise. This will not apply if for any reason KONAMI decide to terminate the service.
(2) Should the user unsubscribe from the service for any reasons at their own will, any DUELPASS POINTS which were in his or her posession will be lost without any entitlement to a refund.
(3) Under no circumstances will KONAMI refund or be held liable for any DUELPASS POINTS that may be lost or invalidated in this manner.

(4) Users may not loan, transfer or sell DUELPASS POINTS to any Third Party unless specifically given the right to do so by KONAMI.

8. SYSTEM SPECIFICATIONS

KONAMI reserves the right to modify and/or increase system specifications necessary to play any online game, whether free or subscription based, at any time and without notice.

9. LINKS TO THIRD PARTY WEBSITES

This Software may contain links to third party web sites ("Linked Sites"), which are not affiliated with or under the control of KONAMI. KONAMI is not a sponsor of, does not endorse, and is not responsible for the content or availability of any activity or content that takes place on Linked Sites. Your access to Linked Sites is at your own risk.

10. INTELLECTUAL PROPERTY

All title, ownership, and intellectual property rights in and to the Official Website and this Software (e.g. trademarks, service marks, trade names, computer code, themes, objects, characters, character name, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and all related documentation, etc) are owned by KONAMI and/or specific third parties. These title, ownership, and intellectual properties include KONAMI's Interactive Features, without limitation, and belong to KONAMI.

Except as otherwise provided herein, you may not reproduce, perform, create derivative works, republish, upload, edit, post, transmit, or distribute any intellectual property ("Intellectual Property") from the Official Website or this Software without the prior written consent of the owner of the property. Any modification or use of such Intellectual Property for any other purpose constitutes an infringement of rights that KONAMI and/or its Licensor(s) has in its Intellectual Property.

11. COPYRIGHT INFRINGEMENT

If you believe that any Content appearing on this Software has been copied in a manner that constitutes copyright infringement, please forward the following information to the inquiries section listed below.

" Your name, address, telephone number, and email address.
" A description of the copyrighted work that you claim has been infringed.
" The precise location (i.e., the URL) and a description of where the alleged infringing material is located.
" A statement that you have a good faith belief that the use of the copyright protected material is unauthorized by the copyright owner and law.
" An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
" A statement made by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

[KONAMI Official Website Support]

 12. SUBMISSIONS TO KONAMI

KONAMI welcomes your comments regarding this Software and its online services. Please contact and inform us immediately when you find any problems in our games. Nevertheless, KONAMI does not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. By doing so, KONAMI attempts to avoid any possible future misunderstandings regarding projects developed by KONAMI which may appear similar to the creative ideas of others. Therefore, while KONAMI values your feedback, please do not send KONAMI any original creative materials.

13. DOWNLOADABLE SOFTWARE

13.1. Limited License
Any software that you may download from the Official Website ("Downloadable Software") is the copyrighted work of KONAMI. Use of Downloadable Software is governed by the terms of KONAMI窶冱 End User License Agreement that may accompany the Downloadable Software. End users shall not install or use any Downloadable Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Downloadable Software not accompanied by a license agreement, the following shall constitute the License Agreement: KONAMI hereby grants to you, the user, a personal, non-transferable license to use the Downloadable Software for viewing and other use of this Software in accordance with these terms of use, and for no other purpose. All Downloadable Software, including without limitation all HTML code contained in the Official Website, is owned by KONAMI and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of Downloadable Software is expressly prohibited by law and may result in civil and severe criminal penalties. Violators may be prosecuted to the maximum extent possible.

13.2. Downloadable Software
DOWNLOADABLE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF ANY LICENSE AGREEMENT. EXCEPT AS WARRANTED IN ANY LICENSE AGREEMENT, KONAMI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO DOWNLOADABLE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ETC.

14. DISCLAIMER OF WARRANTIES

THIS SOFTWARE AND ALL MATERIAL CONTAINED HEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS DOES NOT GUARANTEE ANY OF THE FOLLOWING - WHETHER MATTERS THAT ARE INCLUDED IN THIS SOFTWARE AND ALL OTHER USAGE - WARRANTIES OF INTELLECTUAL PROPERTY OR TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

USE OF THIS SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL OF KONAMI'S INTERACTIVE FEATURES, IS AT YOUR SOLE RISK. NEITHER KONAMI NOR ANY OTHER THIRD PARTY MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE OFFICIAL WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT USERS OF THIS SOFTWARE MAY OBTAIN CERTAIN RESULTS BY USING THIS SOFTWARE, OR THAT INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR IN CONNECTION WITH THE OFFICIAL WEBSITE IS ACCURATE, RELIABLE, OR OF A CERTAIN QUALITY.

15. LIMITATION OF LIABILITY

15.1. Damages
NEITHER KONAMI NOR ITS LICENSOR(S) IS LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE OFFICIAL WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER SHALL THEY BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, IN CONNECTION WITH THIS SOFTWARE OR THE OFFICIAL WEBSITE, ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THIS SOFTWARE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU ON ANY BROWSER OWNED OR OPERATED BY ANY THIRD PARTY, (IV) THE DOWNLOADING OF ANY FILE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE OFFICIAL WEBSITE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS SOFTWARE, EVEN IF KONAMI WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU MAKE ANY CLAIM RELATING TO PERFORMANCE OR NONPERFORMANCE BY KONAMI PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE OFFICIAL WEBSITE, ANY ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SOFTWARE.

15.2. Information Provided by Third Parties
KONAMI IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THIS SOFTWARE, INCLUDING, WITHOUT LIMITATION ALL OF KONAMI'S YU-GI-OH! ONLINE INTERACTIVE FEATURES, BY ANYONE OTHER THAN AUTHORIZED KONAMI EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL KONAMI OR ITS LICENSOR(S) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SOFTWARE, INCLUDING WITHOUT LIMITATION ALL OF KONAMI'S INTERACTIVE FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SOFTWARE, INCLUDING WITHOUT LIMITATION ALL OF KONAMI'S INTERACTIVE FEATURES.

15.3. Products, Services, and Transactions Involving Third Parties

KONAMI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SOFTWARE, INCLUDING KONAMI'S INTERACTIVE FEATURES. KONAMI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

16. INDEMNIFICATION

You agree to indemnify and hold harmless KONAMI and its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including without limitation attorney fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of this Software, including without limitation KONAMI's Interactive Features.

17. TERMINATION

Either KONAMI or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. Upon termination of this Agreement, you shall have no further rights to use this Software or any content or services related thereto.

You may terminate this Agreement at any time by not using the Official Website or when dissatisfied with (i) any terms and conditions of this Agreement, (ii) any policy or practice of KONAMI in operating the Official Website, (iii) Content available through the Official Website, or any change therein, or (iv) the amount or type of fees or billing methods, or any change thereof.

KONAMI may terminate the Agreement by asking you to stop using this Software. If necessary, KONAMI shall have the right to immediately terminate this Agreement with you, and/or terminate or temporarily suspend your access to all or any part of this Software without any prior notice in the event of any of the following conduct: (i) any acts prohibited by any other regulations (ii) any violation of the terms and conditions contained herein or any policies or guidelines posted by KONAMI on the Official Website (iii) any act harmful to KONAMI or other users, (iv) any act violating laws, or where such violation is suspected (v) when you do not log in to this Software for 180 days or more.

18. JURISDICTION AND LEGAL NOTICES

This Agreement shall be construed in accordance with the national laws of Japan. Any action involving this Agreement shall be brought in Tokyo District court, and you hereby consent to the jurisdiction of this Court.
The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms are unlawful, void, or for any reason unenforceable, then those provisions shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that any cause of action arising out of or relating to the Official Website must commence within one (1) year after the cause of action arose.
Japanese, English, French, German, Spanish, and Italian versions exist of this License Agreement. In the event of any conflict between the contents or the interpretation of these versions, the Japanese version shall take priority.