Last Updated: April 29, 2022
Greetings!:
Welcome to the Capcom U.S.A., Inc. websites. These Terms of Use (“Terms”) apply to https://www.capcomusa.com/ and any other sites that link to these Terms (“Sites”).
1. Use and Ownership of Content on Sites:
We grant You permission to use the materials on, or used in connection with, our Sites, including text, images, graphics, logos, audio and video content, and software (collectively, the “Content”) to surf and view our Sites, which means displaying or loading the Content on Your computer in connection with typical web browsing activity. We also grant You permission to use the Content for Your personal, non-commercial uses. Except as otherwise provided in the Video Policy, which provides a guidance for acceptable use of video Content, You do NOT have our permission to distribute the Content, publicly display it, charge any fee or otherwise commercialize it, use it to create Your own websites, construct a database with it, or replicate any part of our Sites elsewhere. The preceding list is intended only as examples of prohibited conduct and not as an exhaustive list of things You can’t do with our Content.
Except for the permission granted under the above paragraph, the Content is owned by Capcom, our licensing partners, or suppliers. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the Content (including Content that our Sites enable You to download or save) without our express permission.
You do NOT (and will not) acquire any ownership rights in the Content through Your use of our Sites, including but not limited to by assembling, creating files, downloading, or saving any of it. You may not remove or alter any author attribution, trademark or copyright notices, or any other legal notices on the Content.
If You choose to send Capcom unsolicited ideas or feedback regarding our Sites, while We appreciate Your thoughtfulness and time and energy, our company policy does not allow Capcom to accept or consider any unsolicited ideas, suggestions, proposals, comments, or materials (“Feedback”). The purpose of this policy is to avoid potential misunderstandings or disputes if We modify our Sites in a way that might appear to be similar or identical to ideas that may have independently occurred to You.
Accordingly, You agree that: (1) any Feedback you send to Capcom, along with related intellectual property rights will automatically become the property of Capcom, without any compensation to You; (2) Capcom may use or redistribute Feedback for any purpose and in any way without restrictions; (3) there is no obligation for Capcom to review Feedback; and (4) Capcom is under no obligation to keep any Feedback confidential.
2. Conduct on Our Sites:
When using our Sites, We expect You and all other Users to comply with some reasonable, common-sense rules for conduct that foster a safe and respectful online environment. You may not misuse our Sites, including by attempting to interfere with, disrupt, damage, hack, reverse engineer, modify, exploit bugs, glitches, vulnerabilities, or unintentional mechanics of our Sites. Similarly, You may not introduce viruses, worms, Trojan horses, spyware, time bombs, or any other potentially damaging computer programs into our Sites. You may not engage in conduct that could interfere with or disrupt other Users’ use of our Sites. Nor may You engage in conduct that materially increases the expense or difficulty of Capcom to maintain the Sites for the enjoyment of all Users, including but not limited to collaborative or individual intentional flooding of Capcom servers, networks, and resources with requests and traffic, such as in a distributed denial-of-service (DDoS) attack. You may not provide Capcom with false or inaccurate information, including making false complaints. Finally, You may not engage in conduct that violates any local, state or federal laws in connection with our Sites.
3. Internet Service Providers:
Capcom is not responsible for any fees, damages or injury arising from or related to use of Internet service providers, including hotspot operators (collectively, “ISPs”) You use to access the Sites and Content. Before accessing the Internet, You should carefully read Your specific ISP’s user agreement, terms and conditions, and privacy policy.
4. Linking Policy:
You may link to our Sites from other websites only if You comply with the following rules: (1) the link must not damage, dilute, or tarnish the goodwill associated with any Capcom name, product, brand or entity; (2) the link must not create the false appearance that the other websites are sponsored by, endorsed by, affiliated with, or associated in any way with Capcom; (3) the linked websites may not “frame” or alter our Sites in any way; and (4) the linked websites may not be unlawful, abusive, indecent, offensive, or obscene, promote violence or illegal acts, be libelous, defamatory, or otherwise deemed inappropriate, as determined by Capcom in our sole discretion; and (5) the linked websites may not display our Content (including any of our logos) to create a link without our prior written consent.
Our Sites may allow You to navigate to third-party websites. Links on our Sites to third-party websites and applications are provided only as a convenience to You. The existence of a link to third-party websites on our Sites does not necessarily mean that We have evaluated the third-party websites. Those third-party websites may not belong to Capcom, and We have no control over and assume no responsibility for the content, accuracy, usefulness, safety, privacy policies or practices of those websites. By using our Sites, You agree to release Capcom of all liability arising from Your use of any third-party websites linked to our Sites. Please enjoy the links, but understand that if You do, You do so at Your own risk.
5. Sweepstakes, Contests, and Promotions:
From time to time, our Sites may provide information about sweepstakes, contests, or promotions. Such sweepstakes, contests, or promotions are governed by a separate set of rules including but not limited to Capcom General Contest Rules, and may also have eligibility requirements. You must read those rules to determine whether or not Your participation, registration, or entry will be valid and to determine all other applicable requirements.
6. Warranty Disclaimer:
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR SITES IS AT YOUR OWN RISK AND ARE SUPPLIED ON AN "AS IS" OR "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPCOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH OUR SITES AND YOUR USE OF THEM. CAPCOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT DATA SECURITY, NOR THE ACCURACY, COMPLETENESS OR OPERATION OF OUR SITES. CAPCOM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH OUR SITES, FOR ANY THIRD PARTY ADVERTISEMENTS, PROMOTIONS, PRODUCT PLACEMENTS, OR MARKETING MATERIALS, OR FOR ANY HYPERLINKED WEBSITES OR FEATURE IN ANY BANNER OR OTHER ADVERTISING. CAPCOM WILL NOT BE A PARTY TO NOR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability:
IN NO EVENT WILL CAPCOM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) MISTAKES OR INACCURACIES OF CONTENT ON OUR SITES, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS (D) INTERRUPTION OR THE CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (E) BUGS, VIRUSES, TROJAN HORSES, WORMS, SPYWARE, TIME BOMBS, OR ANY OTHER POTENTIALLY DAMAGING COMPUTER PROGRAMS THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITES; OR (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR MADE AVAILABLE VIA OUR SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH IN THESE TERMS. NOTWITHSTANDING THE FOREGOING, CAPCOM’S MAXIMUM LIABILITY FOR ANY DAMAGES, CLAIMS, OR CAUSES OF ACTION ARISING FROM YOUR ACCESS TO OR USE OF THE CONTENT AND THE SITES SHALL NOT EXCEED $100. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
8. Indemnity:
You agree to defend, indemnify and hold harmless Capcom U.S.A., Inc., its affiliates, and their respective officers, directors, employees, shareholders, representatives, and agents, and any other parties with whom Capcom U.S.A., Inc. may contract to provide our Sites, from and against all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, fines, forfeitures, expenses or damages (including reasonable legal fees and expenses) of any kind and nature imposed on, incurred by, or asserted against Capcom arising out of Your breach or alleged breach of any representation, warranty, covenant or obligation pursuant to these Terms.
We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification from You. In such event, You shall comply with Capcom’s reasonable requests for cooperation, without undue delay.
9. Independent Parties:
You and Capcom are independent parties. Nothing in these Terms should be interpreted as creating a partnership, agency relationship, or joint venture between You and Capcom. Unless contractually bound otherwise, You may not hold Yourself out as having any relationship to Capcom other than that of independent parties. Capcom is not liable for any representation, act or omission by You contrary to the provisions of these Terms.
10. Termination:
Capcom has the right to terminate Your access to use our Sites for any reason at any time, including for violation of these Terms. If We ever terminate Your access to our Sites, sections 2-4, and 6-13 of these Terms will still apply to You.
11. Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to these Terms must be filed within one year after the claim or cause of action arose or it will be forever barred.
12. Governing Law and Jurisdiction:
These Terms and all questions relating to the performance, interpretation, breach or enforcement of these Terms, or the rights, obligations and liabilities of You and Capcom under these Terms are governed by the laws of the State of California without reference to its conflict of law provisions. You agree that all disputes, claims or litigation arising from or related to these Terms will be litigated only in a court of competent jurisdiction located in San Francisco County, State of California. You agree to be subject to personal jurisdiction and venue in that location.
13. General:
These Terms inure to the benefit of the parties, including any of Capcom’s successors in interest. We have the right to assign our rights and obligations under these Terms to any of our affiliates. Titles and headings are for convenience only and do not control the meaning or interpretation of any provision of these Terms. If any provision of these Terms is held illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder will remain in full force and effect.
THANK YOU FOR TAKING THE TIME TO READ OUR LEGAL LANGUAGE. NOW PLEASE, GO ENJOY OUR SITES!