eBaseball™ Fan Club Terms and Conditions These Terms and Conditions (hereinafter referred to as “Terms”) stipulated by Konami Digital Entertainment Co., Ltd. (hereinafter referred to as “the Company”) govern matters related to the use of the Program (defined in Article 1) by customers. These Terms apply to customers who start using the Program. Customers are required to carefully review the content of these Terms and agree to them before starting to use the Program. By starting to use the Program, customers are deemed to have agreed to all the contents of these Terms. As stipulated in Article 17, if you are a minor or other person with limited capacity, you must have a legal representative (including a person with parental authority, etc.) in advance when agreeing to this Agreement. The consent of legal representatives must be explicit, and the legal representative must agree to be bound by these Terms. If you are aged under 16 years old, you are not permitted to participate in the Program or enter into this Agreement under any circumstances. Participation in the Program constitutes each Customer’s full and unconditional agreement to these Terms, and representation that Customer meets the eligibility requirements, and all other requirements set out in these Terms. Article 1 (Definitions) In these Terms, the meanings of the terms listed below are as defined in each respective item: (1) “Action” refers to an activity performed by Customers (and such activity performed is done so at no cost to the Customer), as separately designated by the Company, through which Rewards can be earned. (2) “Account” means an active and maintained Program account. (3) “Compatible Applications” refers to smartphone applications or home console games compatible with the Program. (4) “KONAMI ID” refers to an account issued by the Company based on the “KONAMI ID Terms of Use.” (5) “Program” refers to the “eBaseball™ Fan Club” provided by the Company. (6) “Rewards” refers to prizes or services that can be earned by Customers through logging in to the Program each week, as separately defined by the Company. Article 2 (Registration) To participate in the Program, you must register and complete the following steps: A. First, you must create a KONAMI ID from https://my.konami.net/. B. Once you have created a KONAMI ID, you may create an Account and register in the Program. You may be required to provide your date of birth, email address and country of residence. When registered, you must agree to these Terms. Only the individual that completes the registration will be entitled to access Account information. Article 3 (Use of the Program) 1. In the event of any conflict between the provisions of these Terms and the KONAMI ID Terms of Use or the terms specified for each Compatible Application, the provisions of these Terms shall prevail. Article 4 (Types of Rewards) 1. There are multiple types of Rewards, and the Company shall separately determine in which games the Consumer can use the Rewards earned, and the expiration date and exchangeable benefits for each type. 2. Once a Reward is earned, the Company will immediately: (i) notify the Customer of the expiry date of the Reward in the Customer’s ‘gift box’ associated with their Account, and the Customer’s options for claiming the Reward prior to its expiration; and (ii) provide the user with a Reward receipt which will also notify the Customer of the expiry date of the Reward. Unless an alternative expiration date is specified by Konami for a particular Reward, Rewards shall be held in the Customer’s ‘gift box’ associated with their Account for a period of thirty calendar (30) days from the date each Reward is earned, following which the Reward shall expire. Article 5 (Acquisition of Rewards) 1. The Company will allow the Customer to take an action by logging onto the site during any given week (as determined by the Company). For the avoidance of doubt, the date and time in which a Customer can take an action by logging onto the site shall always be based on Japan Standard Time. Successful completion of the action will allow the Customer to earn the number of Rewards separately determined by the Company in response to the corresponding Action. Rewards are awarded by the Company to the individual Customer and cannot be transferred to any other person or entity. To find information on how to earn Rewards on the eBaseball™ Fan Club features, visit https://ebaseball-fan.konami.net/general/about#earn-reward 2. To earn Rewards through Actions outside of the Compatible Applications, Customers must perform the Actions while logged into their KONAMI ID using the method specified by the Company. 3. If the Company is unable to confirm that an Action has been taken due to maintenance or other reasons, the Company will not be able to award Rewards and will not compensate the Customer for the Rewards that should have been obtained as a result of the Action (which shall be determined in the Company’s sole discretion). When the Program is under maintenance, the Company will inform the Customer as soon as reasonably possible and access to the Program shall be restricted until maintenance has been completed. The Company shall provide an alternative method for the Customer to claim missing Rewards during such maintenance period. 4. The Company reserves the right to change the Actions and amount of Rewards earned, but must notify Customers of such change at least sixty (60) days in advance. 5. If the Action specified in Paragraph 1 is cancelled, or if the Customer has acquired Rewards improperly, the Company may deduct the Rewards obtained through such Action, as well as any improperly obtained Rewards (hereinafter collectively referred to as “cancelled rewards”), from the Rewards held by the customer. 6. Customers are able to review a record of their acquired Rewards by visiting https://ebaseball-fan.konami.net/general/about#earn-reward. Customers are only able to access this site when logged into their Account. Customers without an Account trying to access this site will be prompted to create a KONAMI ID and register for an Account in accordance with Article 2 before proceeding. 7. From time to time and in the Company’s sole discretion, the Company may amend or offer additional methods of earning Rewards at https://ebaseball-fan.konami.net. Any additional methods of earning Rewards are subject to these Terms and any terms and conditions listed or otherwise presented in connection with the description of the additional applicable Rewards earning method, if any. It is Customer's responsibility to monitor https://ebaseball-fan.konami.net for any such promotional opportunities. Article 6 (Management of Rewards) 1. The Rewards held by Customers will be recorded under a single KONAMI ID associated with your Account. Rewards recorded under multiple KONAMI IDs cannot be combined, nor can Rewards recorded under one KONAMI ID be transferred to another KONAMI ID. Rewards do not constitute property, do not entitle a Customer to a vested right or interest, have no cash value, and may not be redeemed for cash. Rewards may not be sold, traded, bartered, transferred, auctioned (including through internet auction sites), or given away. Rewards will be rejected if not obtained through authorised, legitimate means. Any attempt to sell or transfer Rewards may result in the forfeiture of those Rewards, in the sole discretion of the Company. There shall be no carry over or transfer of Rewards to other Company programs, unless otherwise determined by Company in its sole and absolute discretion. As such, all Rewards and redemptions are only associated with the email address of the Account. 2. Rewards will expire once their validity periods end and, once expired, cannot be revalidated under any circumstances. 3. Once you redeem your Reward, you cannot cancel or return the Reward except as required by applicable law in your jurisdiction. 4. In the event that a Reward involves delivery (as specified by the Company), the Company shall consider the Reward delivered upon shipment to the address specified by a Customer. Article 7 (Customer Responsibilities and Obligations) 1. You shall manage your KONAMI ID at your own responsibility and expense, and any and all actions taken using your KONAMI ID shall be deemed to be your own acts, unless it is proved otherwise. For more information on KONAMI IDs, please visit https://my.konami.net/legal/terms-of-use-konami-id. 2. When Customers use the Program, the Company collects and uses their personal information, and information that does not identify a specific individual but can be identified in some way as information about an anonymous individual (hereinafter referred to as "Information"). We will handle this in accordance with our Privacy Policy and applicable law. Please refer to our Privacy Policy for information about how we collect, use and share Information about users of our Program at https://my.konami.net/legal/terms-of-use-konami-id. Customers shall not engage in the following acts when using the Program (which shall be determined by the Company at its sole discretion): 1) Obtaining or attempting to obtain Rewards improperly 2) Using the Program for commercial purposes without the prior consent of the Company 3) Copying, producing, reproducing, converting, publicly presenting, communicating to the public by telecommunication, modifying, adapting, creating derivative works, displaying, publishing, broadcasting or performing the contents of the Program without permission 4) Transferring, lending, or converting Rewards into cash (including transferring, lending, or converting the KONAMI ID storing the Rewards into cash), engaging in the sale of goods or information using such Rewards, or any similar acts 5) Exploiting flaws or other problematic phenomena or effects in the system of the Program for profit or improper purposes 6) Gaining unauthorized access to servers, using unauthorized tools, distributing cheat codes or devices, or otherwise interfering with the operation of the Program or engaging in acts that may hinder its operation 7) Copying, producing, reproducing, converting, modifying, adapting, creating derivative works, displaying, publishing, reverse engineering, decompiling, or disassembling any software, programs, or data related to or included in the Program 8) Using automated operation tools, programs, macros, or other tools 9) Developing, causing to be developed, distributing, or causing to be distributed any programs related to the operation or content of the Program 10) Using the Program in a way that negatively impacts other Customers' use of the Program 11) Providing false information when using the Program, including when creating a KONAMI ID 12) Using the Program from regions other than those designated by the Company 13) Engaging in acts that are contrary to public order and morals, disrupt the order of the Program or other services, or cause discomfort to other customers 14) Violating laws, court rulings, decisions, or administrative orders 15) Inciting, promoting, or aiding the acts specified in each of the above items 16) The impersonation of other Customers 17) Opening more than one account in the Program with the same personal data (as defined in our privacy policy). 3. You are solely responsible for your use of the Program and the information you transmit through such use (which shall be dealt with in accordance with our Privacy Policy at https://legal.konami.com/games/privacy/en/. Indemnification 4. If a Customer causes damage to the Company or a third party (including cases where the Customer fails to fulfil their obligations under these Terms, resulting in damage to the Company or a third party), the Customer shall compensate for all such damages at their own responsibility and expense. Article 8 (Disclaimer) 1. Subject to the operation of applicable law, the Company does not guarantee the matters set forth in the following items: (1) The Program can be available in any environment or jurisdiction (2) The Program can be used without modification, termination or interruption (3) There are no defects in the Program (4) The Rewards held will be recorded, stored and retrieved without any problems, and the Rewards held will not be lost Limitation of Liability 2. In the event that the Company is liable for any damage, loss, disadvantage, etc. caused by use of the Program by the Customer or due to the inability to use the Program for any reason, the scope of such liability shall be limited to the actual and direct damages incurred by the Customer, and the maximum amount of liability shall not exceed the total of all amounts paid by the Customer to the Company, unless otherwise required by applicable law. The Company shall not be liable for any damages, lost profits, indirect damages, or other damages arising from special circumstances, regardless of whether or not the Company has foreseen it. However, this does not apply if the damage is caused by the Company’s wilful misconduct or gross negligence. 3. The Company assumes no liability for damages suffered by a Customer due to actions by other users or third parties. Furthermore, the Company shall not intervene in disputes arising between the Customer and other users or third parties, and the Customer shall resolve such disputes at their own responsibility and expense. Article 9 (Monitoring) 1. We have no obligation to monitor the Program. However, the Company may, at its own discretion, monitor information transmitted or received using the Program, record it as necessary, and disclose it to administrative agencies and other third parties in accordance with laws and regulations and, where applicable our Privacy Policy at https://legal.konami.com/games/privacy/en/. 2. If, as a result of the monitoring specified in the preceding paragraph, it is determined that you have violated these Terms, the Company reserves the right to delete your information and/or terminate your Account in accordance with these Terms. You shall not be able to assert any rights or object to the deletion of such information or the termination of your Account as described above. Article 10 (Violations) If a Customer discovers actions by other users or third parties that violate these Terms, the Customer shall immediately notify the Company through the inquiry contact available at https://ebaseball-fan.konami.net/support/info. Article 11 (Copyright and Other Intellectual Property Rights) The copyrights and other intellectual property rights related to the Program and all information contained therein (including all software and designs) belong to the Company, its partners, or the providers of such information. Article 12 (Effectiveness of These Terms) 1) The Company may change these Terms at any time by providing written notice to the Customer of no less than thirty (30) days The Customer must agree to these new Terms before continuing to use the Program. Customers who do not agree to the changes to these Terms shall terminate their use of the Program. Subject to the operation of applicable law, the Company shall not be liable for any damages incurred by the Customer as a result of changes to these Terms or termination of the use of the Program in accordance with this paragraph. 2) Even if any provision of these Terms is found to be invalid or unenforceable, such provision shall be interpreted in a reasonable and limited manner to ensure that it remains valid and enforceable to the maximum extent permitted. 3) If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain unaffected and shall continue to be valid and enforceable. 4) These Terms and any additional terms posted on this Program together constitute the entire agreement between the Company and you with respect to your use of this Program. Article 13 (Modification, Use, and Termination of Provision of the Program) 1. We may make changes to the Program, in whole or in part, at any time with prior notice to you. 2. You may terminate your use of the Program at any time. In these circumstances, you will immediately forfeit all of your earned Rewards. 3. The Company reserves the right to suspend or terminate the provision of all or part of the Program at any time with prior notice to the Customer for reasons that are reasonably necessary to protect its legitimate interests. However, if the Program is suspended or terminated, we will make reasonable efforts to notify you to provide you with at least sixty (60) days to redeem your accrued Rewards, unless we determine that such cancellation must take effect immediately for legal or security reasons. Article 14 (Restrictions on the Use of the Program for Specific Customers) 1. The Company may suspend or terminate the provision of all or part of the Program to a Customer without prior notice if the Customer falls under or is suspected of falling under any of the following conditions: (1) The Customer violates these Terms or any other agreements related to the Program (2) The Customer violates agreements related to Compatible Applications or any other agreements with the Company unrelated to the Program (3) It is discovered that the Customer's membership registration or use of services or content provided by the Company was terminated in the past due to reasons attributable to the Customer (4) It is discovered that the Customer is a member of an organized crime group, or has any relationship with organized crime groups, their members, or individuals closely associated with such groups 2. The measures specified in the preceding paragraph shall not prevent the Company from making claims for damages against the Customer. Furthermore, the Company shall not be liable for any damages incurred by the Customer as a result of such measures. Article 15 (Prohibition of Assignment, etc.) Customers shall not assign, pledge, or allow a third party to inherit their status, rights, or obligations under these Terms in whole or in part. Article 16 (Force Majeure) If the provision of the Program becomes impossible under social norms due to force majeure, such as natural disasters, fires, power outages, wars, riots, or civil unrest, or any disruptive event beyond Company’s control, the Company may suspend or terminate the provision of the Program in whole or in part without any notice. The Company shall not be liable for any damages, losses, or disadvantages caused by such events. Notwithstanding the foregoing, no termination hereunder shall affect the Company’s rights hereunder or any of its rights in and to the Program, which shall remain in full force and effect. Article 17 (Minors and Customers with Limited Legal Capacity) 1. Customers must provide their accurate date of birth upon account creation to use the Program. The Company will handle this information in accordance with the Company’s Privacy Policy at https://legal.konami.com/games/privacy/en/. 2. Minors, children or Customers of limited capacity (in accordance with applicable law in your jurisdiction), must obtain the prior consent and approval of their legal representative in advance when agreeing to these Terms. 3. The Company may use third-party verification services to confirm that minors and children have obtained the prior approval and consent from their legal representatives to agree to these Terms and use the Program. The approval and consent recollected here from legal representatives of minors is also given to the Company for transfer of data to third-party verification services for the sole purpose of complying with minor and children regulations. 4. Customers who are 18 years of age or older (or otherwise not considered a minor in their jurisdiction) shall not: a. Enable or help a minor to circumvent any age requirements or age verifications established in these Terms. b. Expose a minor or a child to any in-game content or activities that are prohibited to them under these Terms. Article 18 (Governing Law and Jurisdiction) These Terms shall be governed by and construed in accordance with the laws of Japan. The application of conflict of laws is expressly excluded. You agree that the Tokyo District Court shall have exclusive jurisdiction over these Terms. Notwithstanding the foregoing, nothing in this Article 18 shall limit or exclude any protections you are entitled to under mandatory applicable law in your country of residence (as further set out in Article 20). Article 19 (Language) These Terms of Use shall be prepared and interpreted in the local language in which it has been provided to you or (if no such local language version has been provided) Japanese. Article 20 (Applicable Law) For the avoidance of doubt, nothing in these Terms, including the governing law provision (Article 19), shall prejudice any of your rights as a consumer under consumer protection laws in your jurisdiction. Article 21 (Independent Parties) You and the Company are independent parties and nothing in these Terms constitutes a partnership or joint venture between you and the Company or makes either party an agent of the other. Article 22 (Interactive Elements, Contests and Drawings) This Program may include interactive elements or reference contests, drawings, or similar events that offer prizes within the Program. Each contest, drawing, or event will have its own set of rules, which you must read and agree to before participating. Established: 03/10/2025 (JST)
