WEBSITE TERMS AND CONDITIONS
These terms apply to the entire contents of this website under the domain name http://artstudio.metalgearsolid.com and to any correspondence between us and you. Please read these terms carefully before using this website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms do not use this Website. Your use of other websites operated by or on behalf of the Company which are hyper-linked with this Website may be subject to separate or additional terms and conditions. This notice is issue by Konami Digital Entertainment GmbH or 103 – 105 Berner Strasse, 60437 Frankfurt am Main, Germany (the “Company”).
- 1. Introduction
You may not use this Website and may not accept these terms if you are not of legal age to form a binding contract with the Company under the laws of the country in which you are resident or from which you access this Website.
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
- 2. Licence
You must not:
- (a) republish material from this website (including republication on another website);
- (b) sell, rent or sub-license material from the website;
- (c) show any material from the website in public;
- (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- (e) edit or otherwise modify any material on the website; or
- (f) redistribute material from this website.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
Any rights not expressly granted by the Company in these terms are reserved.
- 3. Service access
While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
- 4. User generated content and visitor conduct
Any material you create using the software provided on this Website or any other material you transmit or post to this Website in format whatsoever (including any video clips) (“Your User Content”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free, freely sub-licensable licence to use, reproduce, adapt, publish, translate and distribute Your User Content in any existing or future media.
Without limiting the rights granted above, you agree that the Company may copy, edit and post any video clips forming part of Your User Content on other video sharing websites such as YouTube.com.
You hereby waive any and all moral rights or rights of a similar nature existing in any jurisdiction throughout the world in connection with our use of Your User Content in accordance with these terms and conditions.
You agree not to post or transmit to or from this Website any material:
- (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (b) which features persons under the age of 18;
- (c) which is not your own or in respect of which you have not obtained the copyright owner’s permission to post or transmit;
- (d) for which you have not obtained all necessary licences and/or approvals;
- (e) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any jurisdiction in the World; or
- (f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
The Company reserves the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website.
You may not misuse the Website (including, without limitation, by hacking).
The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.5 or 4.6.
- 5. Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- (a) you do not use the Konami logo or any other logo belonging to Konami;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that the Company is endorsing any products or services other than its own;
- (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
- (e) you do not otherwise use any Konami trade marks displayed on this Website without express written permission from the Company;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
- 6. Registration
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
- 7. Disclaimer
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
The material at this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which but for this legal notice might have effect in relation to this Website.
- 8. Liability
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in this legal notice shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- 9. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Contest1. We will be running a series of themed competitions on the Metal Gear Art Studio, the start and end dates of each competition and a description of the theme will be made clearly visible on the website.
2. When you log in to draw, you can choose either 'Free Drawing' (a Metal Gear drawing of your choice) or enter the 'Current Contest' (create a drawing inspired by the current theme).
3. To enter the competition, you must agree to the general Terms and Conditions of the website.
4. All winners will be judged by KONAMI.
5. Winners will be contacted via Email.
6. The prizes for each theme will be announced during the competition on Facebook and Twitter - follow our Metal Gear Facebook page or Twitter accounts for updates.
7. Unfortunately, due to age rating restrictions, will not be able to supply video game prizes to anyone under the age of 18. In this case, a suitable alternative prize will be offered.
8. No cash alternative can be offered in lieu of any non-cash prize.
9. The judge's decision is final.
10. No entries will be considered once the competition has closed.
11. Artwork must be submitted by drawing on the Metal Gear Art Studio, no other forms of entry will be accepted.
12. You may submit multiple entries.
13. By entering you agree to grant KONAMI and its advertising and promotional agencies, to reproduce the artwork for any purpose in connection with the contest including publicity, marketing and exhibitions, without further notice or compensation.
14. Winners will have until 28th June 2013 to claim their prize. After this date no winners will be entitled to redeem their prize.