PlatinumGames

TERMS OF SERVICE

Effective Date: January 15, 2009
Updated: January 6, 2012

This following are the Terms and Conditions and Code of Conduct (“Terms of Service”) that apply to PlatinumGames.com. Please read them carefully and, if necessary, print out a copy for your records.
PlatinumGames Inc. provides access to PlatinumGames.com (“the Website”) subject to your agreement with the following Terms & Conditions. These Terms of Service are an agreement between you and PlatinumGames Inc. with respect to your use of the Website.

Description Of the Website
PlatinumGames Inc. may offer to provide certain services and content online, including, but not be limited to any content displayed on PlatinumGames.com. PlatinumGames Inc. may change, suspend or discontinue these services for any reason, at any time, including the availability of any feature or content previously posted. PlatinumGames Inc. may also impose limits on certain features and services or restrict your access to all or parts of the site without notice or liability.

How You May Use Content On The Site
All material provided online, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by PlatinumGames Inc. and is protected by copyright, trademark, and other intellectual property rights. These materials are made available solely for your personal, non-commercial use. You may download content made available for downloading, or syndicate/embed content created for such purposes for your personal, non-commercial use only. Any reposting of content provided for such purposes must keep intact any and all copyright and other proprietary notices that may appear on such materials.

PlatinumGames.Com Code Of Conduct
The following rules, policies, and disclaimers govern and apply to all uses of PlatinumGames.com.

By using the Website, you agree to the following Code Of Conduct.

  • Use the Website for lawful purposes, in compliance with all applicable laws, for your own personal, non-commercial use.
  • You will not attempt to restrict or prevent other users from using and enjoying the Website.
  • Any attempts at hacking, defacement, comment spam, trolling, or other intrusive means are strictly prohibited.
  • You will not upload or post any material that you know to be false and/or defamatory, inaccurate, abusive, obscene, profane, hateful, harassing, sexually oriented, threatening, or otherwise in violation of any law.
  • You will not post, upload, or create any copyrighted material using the Website unless you own the copyright to such content, or have express written consent to use such content.
  • You will not post, upload, or link any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful software.
  • You will not post, upload, create, or link to materials that violate a third party’s copyright or intellectual property rights. You will also not post, upload, create, or link to materials that encourage or aggregate information related to intellectual property infringement.
  • You will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way attempt to create a copy of the Website or its contents.
  • You will not impersonate any other individual or entity.
  • You will not post advertisements, chain letters, solicitations, etc.



    • We do not review every user-created posting, nor do we confirm the accuracy or validity of the information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not warrant the accuracy, completeness, or usefulness of any message or information posted by our users. The contents of these postings do not represent the views of PlatinumGames Inc., any person directly associated with PlatinumGames Inc. or this website. If you feel that a post is inappropriate, contact us via email at webmaster@platinumgames.com. We will make every effort to remove content we find to be objectionable. Please understand that removal or editing of any posting is a manual process and does not occur automatically or immediately. We reserve the right to remove any post or content for any (or no) reason whatsoever. Users bear sole responsibility for their postings, and agree to indemnify and hold harmless PlatinumGames Inc. with respect to any claim based upon the transmission of user posts.

    We reserve the right to reveal your identity, IP address, and any other personally identifying information we know about you without notice in order to comply with any and all applicable laws, law enforcement agencies. This is done to protect not only our rights, but your rights and the rights of other users as well.

    PlatinumGames moderates all comments submitted to the site. For practical purposes, we can only accept English language comments.

    Limited License By PlatinumGames Inc.
    PlatinumGames Inc. grants you a limited, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website.

    Such license is subject to these Terms of Service, and the following special conditions:

  • You may only view, copy and print portions of the Website for your own informational, personal and non-commercial use.
  • You may not modify or otherwise make derivative uses of the Website, or any portion of the Website.
  • You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website.
  • You may not use any data mining, robots or similar data gathering or extraction methods
  • You may not use the Website for any purpose other than its intended purpose.



    • Except as noted, any use of any portion of the Website without the prior written permission of PlatinumGames Inc. is strictly prohibited. Any unauthorized use will result in the immediate termination of the Limited License. Any such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws. Unauthorized use may also constitute communications regulations and statutes. Nothing in these Terms & Conditions may be construed as conferring any license to intellectual property rights, expressed or implied. This Limited License is revocable at any time.

    You represent that your use of the Website will be consistent with this license, will not violate the rights of any third party, or violate any applicable law. You also agree to indemnify PlatinumGames Inc. against any liability arising from your use of the Website in violation of any part of these Terms of Service.
    To request permission for uses of the Website not included in this Limited License, you may contact PlatinumGames Inc. at the following address: webmaster@platinumgames.com.

    User Content License To PlatinumGames Inc.
    When you post messages, upload files, create new content, or engaging in any form of communication with or through the Website, you are granting PlatinumGames Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material.
    This license shall include the right to exploit any proprietary rights in such material, including but not limited to copyright, trademark, service mark, or patent laws under any relevant legal jurisdiction.

    Disclaimer
    PlatinumGames Inc. may link to the websites of our partners or other entities. We will make every effort to link to sites that maintain similar standards with regards to personal privacy; however, our policy does not apply to sites operated by a third party. Furthermore, sites may link to our website without our knowledge, and we bear no responsibility for the content, or the privacy standards, of these sites, as they are beyond our control.

    The materials on this website are provided “as is,” with no representations or warranties of any kind, either express or implied. You assume total responsibility and risk for your use of the Website.

    PlatinumGames Inc. is neither responsible nor liable for any and all damages, be they direct, indirect, incidental, consequential, special, exemplary, punitive, or otherwise, relating to the Website. Your sole remedy under these Terms of Service for any dissatisfaction with the site is to cease access.

    PlatinumGames Inc. does not warrant the functions or content of the Website, nor does it warrant that the Website, and access to the Website, will be uninterrupted or error-free, that defects and errors will be corrected, or that the Website, and the servers hosting the Website, will be free of viruses or other harmful software.

    PlatinumGames Inc. does not warrant against the results of using the materials posted to the Website, nor does it warrant the accuracy, timeliness, or veracity of the information posted. You (and not PlatinumGames Inc.) assume the full and entire cost of any and all necessary maintainence, repair, or replacement costs that arise out of your access and use of the Website. PlatinumGames Inc. makes no representation on how often, if at all, the contents of the Website will be updated or maintained.

    Indemnification
    You agree to indemnify, defend, and hold harmless PlatinumGames Inc. and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Service. PlatinumGames Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

    Litigation Issues
    This agreement is entered into in Osaka, Japan and shall be governed by the laws of Japan. Each party to these Terms of Service submits to the exclusive jurisdiction of the courts sitting in Osaka, Japan, and waives any objections to such courts.

    Each party to these Terms of Service further agrees to the following:

  • Any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing.
  • No damages may be sought or received for anything other than out-of-pocket expenses, with the exception of costs and attorneys’ fees granted to the prevailing party.
  • Any and all claims must be brought individually. You agree to abstain from consolidating claims as part of a group or class action complaint.



    • Termination
    PlatinumGames Inc. may terminate or suspend any and all Website and any registered account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of the Terms & Conditions. Upon termination of your account, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    User Generated Content Policy
    PlatinumGames Inc. cannot take any responsibility for the content of outside images or video linked by users on our website. This content is published and maintained by the content’s host. If any imagery or video should infringe on copyright, please contact the host of that site regarding that content.

    With regards to posting self-created content on personal blogs, this site, etc., we ask that you avoid intentionally ruining another fan’s experience by recklessly posting spoilers. Also, we are opposed to content that seeks to attack/ridicule our work or staff. However, we welcome content that celebrates our games, we just ask that you keep things reasonable.

    Copyright Infringement
    If you believe in good faith that PlatinumGames Inc. should be notified of possible copyright infringement involving our website, please notify PlatinumGames Inc. at the address below.

    PlatinumGames Inc.
    Umeda Sky Building, 8F Tower West
    1-1-30 Oyodonaka, Kita-ku
    Osaka, Japan 531-6108
    Attention: General Counsel
    Telephone Number: +81-6-4797-0202
    Facsimile Number: +81-6-4797-0203
    Email Address: webmaster@platinumgames.com

    Be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth below.

    The notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.




    • Repeat Infringer Policy
    In accordance with applicable law, PlatinumGames Inc. has adopted a policy of terminating, at our sole discretion, accounts found to repeatedly infringe on our copyright policy. PlatinumGames Inc. may also limit access to the Website and/or terminate the account of anyone who infringes on the intellectual property rights of others, whether or not there is a pattern of repeat infringement.

    Void Where Prohibited
    Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. PlatinumGames Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

    Miscellaneous
    In the event that any portion of this agreement is held by a court of law to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. PlatinumGames Inc. may modify the terms of this agreement at any time in its sole discretion by posting a revised agreement.

    Trademark And Copyright Information
    © PlatinumGames Inc. All rights reserved.
    PlatinumGames and the P logo are either trademarks or registered trademarks of PlatinumGames Inc. and may be used only with permission.
    Games and all other trademarks and registered trademarks are the property of their respective owners.