STATEMENT REGARDING USE OF PLAYMAKER MOBILE SERVICE

Definitions By "Playmaker Mobile" we mean the features and services we make available, including through (a) our website and any other Playmaker Mobile branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed. By "Platform" we mean a set of codebases, applications, APIs and services that enable applications, developers, operators or services to retrieve data from Playmaker Mobile and provide data to us relating to Playmaker Mobile users. By "content" we mean the content and information you post on Playmaker Mobile, including information about you and the actions you take. By "post" we mean post on Playmaker Mobile or otherwise make available to us. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

Sharing Your Content and Information You own all of the content and information you post on Playmaker Mobile (the "Service"). In order for us to use certain types of content and provide you with Playmaker Mobile, you agree to the following:

You grant Playmaker Mobile and Konami Digital Entertainment, Inc. ("KDE") [Playmaker Mobile and KDE are sometimes referred to herein as "we", "us", and/or "our"] a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Playmaker Mobile ("IP License"). This IP License ends when you delete your account or remove the posted content. We always appreciate your feedback or other suggestions about Playmaker Mobile, but you understand that we may use them without any obligation of compensation . Safety We do our best to keep Playmaker Mobile safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

You will not send or otherwise post unauthorized commercial communications to users (such as spam). You will not collect users' information, or otherwise access Playmaker Mobile, using any means (including but not limited to harvesting bots, robots, spiders, or scrapers, etc.).. You will not solicit login information or access an account belonging to someone else. You will not represent yourself as anyone or any entitiy you are not. Any such misrepresentation shall be considered a violation of these Terms and Conditions and will result in the suspension and/or cancellation of the account deemed fraudulent. You will not bully, intimidate, or harass any user. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions. You will not use Playmaker Mobile to do anything unlawful, misleading, malicious, or discriminatory, or use Playmaker Mobile to facilitate, organize or encourage any such acts. You will not facilitate or encourage any violations of this Statement.

Registration and Account Security Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Playmaker Mobile, or create an account for anyone other than yourself without permission. You will not use Playmaker Mobile if you are under 13. Children between the age of 13 and the age of majority in the jurisdiction in which the minor user lives (generally age 18) may be granted access to the Service but only after they obtain prior consent by a parent or legal guardian. By giving such child permission to access the Service, you certify that you are of legal age and are the parent and/or legal guardian of that child, and it is your responsibility to determine whether the Service and any content provided via the Service is appropriate for a minor. Please also remind any minors that conversing with strangers on the internet can be dangerous and take appropriate precautions to protect your child including monitoring their use of the Service. You will not use Playmaker Mobile if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals. You will not use Playmaker Mobile if you are a convicted sex offender. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account to anyone without first getting our written permission.

Protecting Other People's Rights We respect other people's rights, and expect you to do the same.

You will not post content or take any action on Playmaker Mobile that infringes someone else's rights or otherwise violates the law. We can remove any content you post on Playmaker Mobile if we believe that it violates this Statement. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, you may email our support team at mobilesupport@konami.com If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks without our written permission. You will not post anyone's identification documents or sensitive financial information on Playmaker Mobile. Availability of the Service

The Service, or any part thereof, may not be available in all languages, and we make no representation that the Service or any part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use Playmaker Mobile, you do so at your own risk and are responsible for compliance with any applicable laws.

No Conveyance Nothing in these Terms & Conditions shall be construed to convey to you any interest, title, or license in an account domain name, email address, or similar resource used by you in connection with Playmaker Mobile.

Amendments We reserve the right to modify this Statement at any time, for any reason, without opportunity for comment. You will be responsible for reviewing and becoming familiar with any such modifications and additional rules and/or policies.

Termination If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Playmaker Mobile to you. We will generally try to notify you, but have no obligation to do so. You may terminate your account and/or stop using the Service at any time. To do so, contact your mobile service provider (your carrier) or Playmaker Mobile support at mobilesupport@konami.com. You agree that your Playmaker Mobile account is non-transferrable and that any rights to your account information or any content within your account terminate upon your death. Upon the receipt of a copy of your death certificate your account may be terminated and all content within your account deleted.

Disputes You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Playmaker Mobile in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims. You agree to defend, indemnify, and hold KDE, its affiliates, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through Playmaker Mobile; (b) your use of Playmaker Mobile; (c) any violation by you of this Statement; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of this Statement and/or your use of Playmaker Mobile. WE TRY TO KEEP PLAYMAKER MOBILE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PLAYMAKER MOBILE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PLAYMAKER MOBILE WILL BE SAFE OR SECURE. PLAYMAKER MOBILE IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE S1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PLAYMAKER MOBILE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PLAYMAKER MOBILE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PLAYMAKER MOBILE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Governing Law This Statement will be governed by and construed in accordance with the laws of the State of California as applied to transactions taking place wholly within California between California residents.

Other This Statement makes up the entire agreement between the parties regarding Playmaker Mobile, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights.