Terms of use

Welcome to BANDAI NAMCO Entertainment Asia!

These terms (the “Terms of Use”) govern your relationship with BANDAI NAMCO Entertainment Asia (“BANDAI NAMCO”) as well as your use of online products, services, games and other commercial offerings provided to you on BANDAI NAMCO’s websites (“Website”).

PLEASE NOTE THAT THE TERMS OF USE MAY VARY BETWEEN COUNTRIES. PLEASE ENSURE THAT THE FLAG AT THE TOP RIGHT IS THE FLAG OF YOUR COUNTRY OF RESIDENCE. IF THE FLAG DISPLAYED IS NOT THE FLAG OF YOUR COUNTRY OF RESIDENCE, BANDAI NAMCO CANNOT BE HELD LIABLE FOR ANY ACT CONTRARY TO THE LAWS IN FORCE IN YOUR COUNTRY.

1. Acceptance of Terms

1.1 This agreement (hereafter “Terms of Use”) sets out the terms and conditions that govern your access and use of any Website or service provided by BANDAI NAMCO (the “Services”).

1.2 These Terms of Use constitute a legally binding agreement between yourself and BANDAI NAMCO. By accessing and/ or using the Services or content available on the Website or in the Services (the “Content”), you agree to be bound by these Terms of Use (and the published guidelines or rules applicable to such Services which are deemed incorporated by reference into these Terms of Use). If you are below 18 years old , you must obtain the consent of your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (a) your actions; (b) any charges associated with your use of any of our Services; and (c) your acceptance and compliance with these Terms of Use. If you continue to use and/or access our Services and Content, you are deemed to have obtained the consent of your parent(s) or legal guardian(s).

1.3 Updates and changes to the Terms of Use. At its sole discretion, BANDAI NAMCO reserves the right to change, modify, add or remove parts of these Terms of Use. In the event of changes, a change notice will be published on the page www.bandainamcoent.asia so you are informed of any provisions or new conditions governing your use of the Services. Any update takes effect thirty (30) days after publication of the change notice, and the Terms of Use of new Services take effect after being published on the page www.bandainamcoent.asia. If you do not agree to the changes, you must stop using the Services and close your account. Any use of the Services following changes to these Terms of Use constitutes acceptance of these changes .

2. Account

2.1 The use of some Services may require having an account. If you do not have an account, you can create one at www.bandainamcoent.asia. To create an account, you must provide truthful information requested on the account creation form such as your name, postal address, e-mail address, telephone number or any information that may enable to identify you personally, or to contact you online or by any others means.

In addition, for certain services, you may be required to create a “Username” or an “avatar”. Usernames and avatars are linked to your account. You cannot use a Username or avatar that is already used by another user, that is vulgar or offensive, or that violates these Terms of Use in any way.

2.2 Age criteria. To create an account, you must be at least 18 years old. If you are below 18 years old, you must obtain the consent of your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (a) your actions; (b) any charges associated with your use of any of our Services and/or the creation of an account; and (c) your acceptance and compliance with these Terms of Use. If you continue to use and/or access our Services and Content, you are deemed to have obtained the consent of your parent(s) or legal guardian(s).

2.3 Accuracy and use of your account data. All information provided must be accurate and up to date at all times. BANDAI NAMCO reserves the right to exercise controls to verify the accuracy of the information you have provided and you agree to send BANDAI NAMCO all necessary evidence to prove the accuracy of the information provided.

2.4 You are solely responsible for all activity on your account. You must not reveal your account password to a third party. You are solely responsible for protecting and maintaining the confidentiality of your logins and passwords, which are strictly personal, and you agree to take all appropriate measures to ensure complete confidentiality, and in particular to change your password regularly.

2.5 Any use of your password is presumed to be made on your behalf. You agree to change your password without delay if your password is intentionally or unintentionally disclosed to third parties, lost or forgotten.

2.6 You are solely responsible for the use that will be made with your password until such time as you request a change of password. BANDAI NAMCO cannot be held liable in the event of any use that is fraudulent or improper, or caused by the voluntary or involuntary disclosure to anyone of your logins and/or passwords.

2.7 BANDAI NAMCO will never ask you to reveal your password and will never initiate contacting you to ask you for the answers to the security questions you have chosen to reset your password.

3. Termination of services and closing of accounts

3.1 Termination of Services. BANDAI NAMCO may at any time terminate access to any Service by informing you within the time specified when subscribing to the Service in question or, in the absence of any specific termination notification period, within thirty (30) days of posting the notice on the Service in question. We may bar access to our Services and/or Content (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or if we believe that you have violated or acted inconsistently with the Terms of Use, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing our Services and/or Content.

3.2 Closing of accounts. BANDAI NAMCO may, without notice or compensation, suspend access to your account(s) for violation of these Terms of Use or if you use the Services, products, Content or Intellectual property of BANDAI NAMCO in an illegal or improper way, until the reason for such suspension has disappeared, or even close your account based on the seriousness of the violation and terminate access to all related Content and Services. You may lose your Username(s) and avatar(s) following termination of your account. If you have more than one (1) account, BANDAI NAMCO may close all your accounts. In the event of any violation of these Terms of Use or any other agreement applicable to the Services you access, BANDAI NAMCO may issue a warning, suspend your account, delete, revoke or seize certain Content associated with the accounts in question. If BANDAI NAMCO terminates your account, you cannot regain access to a Service without the express permission of BANDAI NAMCO. You must not let anyone whose accounts have been terminated by BANDAI NAMCO use your own account.

3.3 Cancellation of an account or Service at your request. You may at any time cancel your account or a subscription to a Service. If you do not agree to these Terms of Use, your sole remedy is to stop using the Services, and cancel your account and associated subscriptions

3.4 Consequences of termination of an account or Service. Upon cancellation or termination of your account, you must immediately cease to use all Services and destroy all related documentation on all media.

You acknowledge that BANDAI NAMCO shall not be liable to you or any third party for the consequences of such suspension or termination of the customer account.

Upon termination or suspension of your account or subscription to a Service, you will not be entitled to any refund, and you will no longer have access to your account, nor the Content associated with your account or Service in question (points, tokens or other digital items). Termination, whether by you or by BANDAI NAMCO, will result in the deletion all information linked to your customer account, without you being entitled to claim any form of compensation whatsoever.

If you believe the action taken on your account or device was in error, please contact BANDAI NAMCO Customer Support at estore@bandainamcoent.asia or at the address mentioned in section 17.6.

BANDAI NAMCO reserves the right to collect fees, surcharges and costs incurred prior to cancellation of your account or subscription to a Service. In addition, you are responsible for paying all amounts due to BANDAI NAMCO, third-parties and content providers prior to cancellation.

4. Content

4.1 Definition of Content. “Content” means all software, technologies, text, forum posts, messages, links, emails, music, sounds, graphics, images, videos, code and any other audiovisual content or other content appearing on our Services, as well as the design and appearance of our Websites. Content includes content generated by Users. Content may be provided by you or third parties, including other Users of the Services (hereinafter “User-Generated Content”). Content and Services are intended for personal use only; it is prohibited to use them for any commercial purposes.

4.2 User-Generated Content. On some Services, BANDAI NAMCO offers the ability to create your own Content. By providing User-Generated Content, you grant BANDAI NAMCO the exclusive, worldwide and perpetual right to quote, republish, use, reproduce, represent, modify, create derived works from (including inclusion of your User-Generated Content in future Services and other products offered by BANDAI NAMCO), organise, license, print, sublicense, distribute, broadcast, circulate and communicate in any other way, and publicly display and perform all or part of the User-Generated Content, by any means, in any format and on any medium or forum, existing or future, without right to compensation or mention of your name or name of the person providing the User-Generated Content. You grant BANDAI NAMCO all licences, agreements and permissions to enable BANDAI NAMCO to use this User-Generated Content for these purposes. You waive any moral or similar rights (and you agree not to claim them) you may possess to the User-Generated Content, within the limits provided by the applicable law. For the purposes of this document, User-Generated Content is deemed to fall under Content.

Where the Service allows other Users to access and use your User-Generated Content, you also grant all other Users of the Service the right to use, reproduce, modify, show, display, create derived works from, communicate and distribute by other means your User-Generated Content on or through the Service without notice, attribution or compensation.

If you use, quote, make reference to and/or reproduce images, names and/or any other personality attributes of a third party in any Content, you certify and warrant to BANDAI NAMCO that you have the written consent of the third party to use their personality attributes within the Content.

If you use, quote, make reference to and/or reproduce a brand, work, creation or any other content that may be protected by intellectual property rights held by a third party in any Content, you certify and warrant to BANDAI NAMCO that you have the written consent of the third party to use it within the Content.

4.3 Monitoring of Content. BANDAI NAMCO does not control all Content before publication and does not endorse or approve all Content that you and other Users contribute to the Services. Subject to applicable mandatory legal provisions, BANDAI NAMCO is not required to monitor User-Generated Content and any other information on the Services contributed by Users.

You are solely responsible for your use of the Services regarding User-Generated Content. In addition, you represent and warrant to BANDAI NAMCO that all User-Generated Content you provide to the Services fully conforms to the provisions and Terms of Use set out in this document.

4.4 Removal of Content. BANDAI NAMCO reserves the right (but has no obligation) to remove, block, modify, move or disable any Content at any time and for any reason. The decision to remove the Content belongs exclusively to BANDAI NAMCO Within the limits provided by applicable law, BANDAI NAMCO assumes no liability for User-Generated Content or any error or delay in removing content.

IF YOU BELIEVE THAT ANY CONTENT INFRINGES ON YOUR COPYRIGHT, PLEASE CONTACT BANDAI NAMCO IN ACCORDANCE WITH THE PROVISIONS SET OUT IN ARTICLE 17.7

5. Availability of Content and Services

5.1 Content may only be purchased or acquired from BANDAI NAMCO or an authorised dealer. BANDAI NAMCO reserves the right to refuse your Content acquisition request(s), and BANDAI NAMCO reserves the right to limit or block any Content acquisition request if there is an ongoing dispute between you and BANDAI NAMCO

5.2 BANDAI NAMCO does not guarantee to make Content or a Service available at all times or at a specific time, nor to maintain the availability of Content or Services for a specified time period.

6. Terms of access and security of Website

6.1 Access to Website

Access to Website is free and open to any user anyone with an Internet access. All costs related to the access, whether for hardware, software or Internet access are your sole responsibility. You are solely responsible for the proper functioning of your IT device and for your Internet access. The Website is accessible 24/7.

Due to the nature and complexity of the internet network, and in particular its technical performances and response times for consulting, searching or transferring data, BANDAI NAMCO can only on a best efforts basis enable access and use of the Website and the Services in accordance with the relevant infrastructure. BANDAI NAMCO reserves the right, without notice or compensation, to temporarily close the Website or the access to one or more services in order to perform operations such as update, maintenance, modifications or changes to the operational measures, servers and hours of access. BANDAI NAMCO shall not be responsible for the proper functioning of your IT device and your internet access.

BANDAI NAMCO reserves the right to enhance or modify the Website or the Services at any time according to technological developments.

You must to ensure that your transmission means are compatible with the technological developments of the Website.

6.2 Security

BANDAI NAMCO acknowledges that all personal data are subject to compliance with the legal framework applicable to the security of personal data.

BANDAI NAMCO undertakes to take the necessary measures to ensure the security of the processing of personal data in compliance with prevailing data protection regulations.

7. Users and Website functionality

7.4 Delivery of prizes and gifts and valid addresses Contest prizes and Bandai Namco loyalty programme gifts may be sent to Users using the postal system. Users agree to provide their full address to receive their prize/gift by post. BANDAI NAMCO reserves the right to withhold sending the prize/gift if the postal address is missing or incomplete, or if the destination is not in a participating country. Under no circumstances can BANDAI NAMCO be held liable for a delay in delivering a prize/gift or loss of a prize/gift by the postal services or other contracted delivery service. BANDAI NAMCO assumes all costs associated with delivering prizes.

If a User is required to pay customs duties to receive a prize/gift, the User can request compensation from BANDAI NAMCO by providing the relevant customs duty documentation. Compensation will be determined at BANDAI NAMCO’s sole discretion.

8. Intellectual property rights

8.1 BANDAI NAMCO respects the intellectual property of third parties. To upload User-Generated Content to the Services, you must have the legal right to do so. You must not upload or publish User-Generated Content to the Services if it is protected under copyright law, commercial law or any other intellectual property rights except if (i) you are the owner of these rights; or (ii) you have prior written consent from the owner(s) of these rights to use this Content. BANDAI NAMCO may, without prior notice and if necessary, remove any User-Generated Content that may infringe the intellectual property rights of a third party. If you violate the intellectual property rights or other rights of BANDAI NAMCO or a third party, BANDAI NAMCO may terminate your account without notice.

8.2 BANDAI NAMCO grants you a personal, limited and non-exclusive licence to use the Content and Services available to you for personal, private, non-commercial, non-transferable and limited use according to the terms of this agreement and all contracts and/or additional documentation applicable to the Services you can access. The Content and all other intellectual property rights relating to the Services, as well as the products and services offered via Services belonging to BANDAI NAMCO or to its licensors and rights holders, are protected under applicable law and by international copyright law, trade dress rights, patents and trademarks, by international conventions and other laws protecting intellectual property rights and related exclusive rights. You may not copy or download Content from a Service without express authorisation to do so.

Furthermore, brands, domain names, acronyms, logos, designs and other Content appearing on the Services are the exclusive property of BANDAI NAMCO or its partners licensed to use the Content for purposes of the Services.

8.3 Any reproduction or representation of the Services and/or the Content, in whole or in part, in any way whatsoever, is prohibited without prior authorisation from BANDAI NAMCO and, where applicable, from its licensors and rights holders. You agree to refrain from removing, hiding or transforming any copyright notice, indication of patent or trademark or other notice of property rights attached to Content. Except where express authorisation is given in these Terms of Use, you may not sell, license, distribute, copy, modify, publicly perform, play, broadcast, publish or create derived works from any Content, or use it for any other unauthorised purpose. BANDAI NAMCO owns all rights to licensed or owned Content, as well as all property rights, trademarks and any other intellectual property rights. Your authorised use of the Content and Services as described above are limited by BANDAI NAMCO’s intellectual property rights and excludes any other patents or intellectual property rights.

8.4 Nothing in these terms of use is intended to transfer any property rights of any kind, including any intellectual property rights, in the elements owned by BANDAI NAMCO to you. Accordingly, you agree that you must not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of BANDAI NAMCO

8.5 In this respect, it is specified that the Website’s Content, general structure and trademarks, designs, images (still or animated), texts, pictures, logos, graphical charters, software and programs, search engines, databases, sounds, videos, domain names, design and all other elements composing the items and Website or any other information shown thereon, without limitation, are the exclusive property of BANDAI NAMCO or its partners or its third party licensors, and are protected by intellectual property rights that are or will be granted to them under the applicable laws in force.

8.6 Unauthorised reproduction of all or part of the Content and/or Services is prohibited and could constitute in particular an infringement under applicable laws. They may result in termination of your account(s) and a ban from using the Services, and may lead to legal action. Similarly, you run the risk of facing criminal or civil action from other Content owners, including BANDAI NAMCO, for violation of intellectual property rights. You agree to defend and hold BANDAI NAMCO harmless for any unauthorised or illegal conduct by yourself or through your Account regarding your use of Services and/or Content.

9. Code of Conduct

9.1 The following provisions constitute the Code of Conduct that you must respect to use the Services. Any breach of this Code of Conduct may result in suspension or termination of your account and access to Services. BANDAI NAMCO reserves the right to take any action it deems necessary to enforce this Code of Conduct.

9.2 By using the Services or accessing Content, you must not:

• Publish, send, promote or distribute illegal content.
• Harass, threaten, make life difficult for or do anything disrespectful to a third party or another User, such as spam repeatedly, launch personal attacks or make disparaging remarks about ethnic origin, sexual orientation, religion, culture, etc.
• Send or facilitate the spread of hurtful, offensive, hateful or unkind Content of a racial, religious, ethnic, vulgar, obscene, defamatory or illegal nature, or that invades the privacy or personality rights and/or of displaced persons from a reasonable person’s view.
• Use pseudonyms and/or offensive, aggressive or defamatory avatars.
• Interrupt discussions in forums with vulgar or offensive comments, by pressing the Enter key repeatedly, by inserting large images so the screen scrolls too fast to read, by excessive use of capital letters to annoy other Users, or to indulge in “spamming” or “flooding” (repeatedly sending text).
• Impersonate anyone (including a celebrity), mislead others that you are an employee or representative of BANDAI NAMCO, try to deceive Users by claiming to represent BANDAI NAMCO or a company partnering or affiliated with BANDAI NAMCO
• Attempt to obtain a password, account information or other confidential information from another User.
• Upload to our Services any software or Content you do not own or do not have authorisation to freely distribute.
• Promote or encourage any activity related to piracy, cracking or distribution of counterfeit software.
• Upload to our Services any file containing a virus, a worm, spyware, a logic bomb, corrupted data or any other computer program that could harm, disrupt or interrupt our Services.
• Send messages for any other purpose than personal communication, including sending advertising or promotional messages, chain letters, pyramid scheme offers or any other commercial activity.
• Make inappropriate use of Support or complaint buttons or send false reports to BANDAI NAMCO’s teams.
• Use or distribute unauthorised “auto” or “macro” software programs or other “cheat” software programs or applications.
• Modify all or part of a Service without express authorisation from BANDAI NAMCO.
• Publish or communicate personal information about someone else.
• Attempt to disrupt, hack or decipher data transfers from or to the servers of a Service.
• Use and make known the existence of bug exploitation programs (“exploits”) to gain a fraudulent advantage.
• Attempt to use BANDAI NAMCO Software on or through a Service that is not controlled nor authorised by BANDAI NAMCO. By using BANDAI NAMCO software is such a way, you do so at your own risk and you may be subject to additional or different terms. BANDAI NAMCO accepts no liability for any use of BANDAI NAMCO Software on or through a Service that is not controlled by BANDAI NAMCO
• Obstruct other Users in their use of a Service.
• Unless expressly authorized by BANDAI NAMCO, you may not sell, purchase, exchange or transfer by any means your BANDAI NAMCO account, your personal access to Services or any part of the Content.
• You may not carry out actions that contravene the laws and regulations of any territory, including but not limited to, acts constituting copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, piracy, harassment, fraud and distribution of counterfeit software.

9.3 You must comply with all applicable laws, rules and regulations that apply to your actions when using the Services. BANDAI NAMCO reserves the right to terminate your account and to prevent you from using all the Services if your account is used to engage in unlawful activities or if it violates these Terms of Use.

9.4 If you notice another User violating any provision in the Code of Conduct, please notify BANDAI NAMCO by using the “Help” or “Report Abuse” features of the relevant Service.

10. Services not controlled by BANDAI NAMCO

Certain products may allow you to use BANDAI NAMCO Software on or through a Service that is not controlled by BANDAI NAMCO. For example, you may be able to play with BANDAI NAMCO Software online on servers that BANDAI NAMCO does not own or does not control. BANDAI NAMCO accepts no liability regarding your use of BANDAI NAMCO Software on or through such a service and has no control over the terms and conditions of how these services are offered, administered or operated. When you use services that BANDAI NAMCO does not control, you do so at your own risk and you may be subject to additional conditions or restrictions imposed by the third party who operates the service.

11. Software, utilities and tools

The Services may ask you or allow you to download software, software updates, patches, or other utilities and tools from BANDAI NAMCO or its licensors (the “BANDAI NAMCO Software”) on to your computer, entertainment system or device. You acknowledge that some updates and changes may be necessary to continue to use BANDAI NAMCO Software and Services. BANDAI NAMCO grants you a limited and non-exclusive licence allowing you to use BANDAI NAMCO Software for the sole purposes intended by BANDAI NAMCO from the moment it is made available to you. If an End-User Licence Agreement (“EULA”) is provided with BANDAI NAMCO Software, your use of the BANDAI NAMCO Software is subject to the provisions of this EULA. You are not permitted to sublicense or charge others for access to BANDAI NAMCO Software. You are not permitted to translate, reverse engineer or reverse compile, decompile or disassemble BANDAI NAMCO Software, nor create derived works from BANDAI NAMCO Software. You may not modify BANDAI NAMCO software, nor use it in any way that is not expressly permitted in writing by BANDAI NAMCO You agree that BANDAI NAMCO ‘s use of different technologies may not be consistent across all platforms and that the performance of BANDAI NAMCO Software and related Services may vary according to your computer and other hardware.

12. Updates to Services

IMPORTANT: BANDAI NAMCO. MAY FIND IT NECESSARY TO UPDATE OR RESET CERTAIN SETTINGS FOR USE OF THE SERVICES. BANDAI NAMCO RESERVES THE RIGHT TO MAKE THESE UPDATES AND ACCEPTS NO LIABILITY TO YOU FOR THESE CHANGES.

13. Limitations of warranty and liability

13.1 YOU EXPRESSLY AGREE THAT YOU USE OUR SERVICES, SOFTWARE AND THE INTERNET AT YOUR OWN RISK TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES, PRODUCTS AND CONTENT OFFERED BY BANDAI NAMCO AND THE SERVICES AND PRODUCTS OF THIRD-PARTY COMPANIES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PERSONAL USE, WITHOUT ANY IMPLIED OR EXPLICIT WARRANTIES OF ANY KIND, UNLESS THESE WARRANTIES CANNOT BE LEGALLY EXCLUDED. NO WARRANTIES ARE GIVEN REGARDING THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PEFORMANCE OF BANDAI NAMCO SOFTWARE, CONTENT OR SERVICES. BANDAI NAMCO ACCEPTS NO LIABILITY FOR AN INABILITY TO OBTAIN OR USE CONTENT, RIGHTS, PRODUCTS OR SERVICES. BANDAI NAMCO PROVIDES SERVICES BASED ON REASONABLE COMMERCIAL PRACTICES AND CANNOT GUARANTEE THAT YOU WILL BE ABLE TO USE OR ACCESS THEM AT ANY TIME OR FROM ANYWHERE, OR THAT IT WILL HAVE SUFFICIENT CAPACITY TO ENSURE AVAILABILITY OF ALL SERVICES OR SERVE A SPECIFIC GEOGRAPHIC AREA.

13.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ONE AND ONLY REMEDY IN CASE OF DISPUTE WITH BANDAI NAMCO OR ITS LICENSORS IS TO CEASE USING THE SERVICES AND TO TERMINATE YOUR BANDAI NAMCO ACCOUNT. YOU ALSO ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO, ITS LICENSORS AND ITS AFFILIATED COMPANIES CANNOT BE HELD LIABLE FOR AN ACT OR FAILURE TO ACT ON THEIR PART OR ON THE PART OF OTHERS WITH REGARD TO BEHAVIOUR, COMMUNICATION OR CONTENT ON THE SERVICES OR TO THE USE OF BANDAI NAMCO SOFTWARE. UNDER NO CIRCUMSTANCES CAN BANDAI NAMCO’S LIABILITY TO YOU, OR THAT OF ITS LICENSORS, ITS AFFILIATED COMPANIES, ITS EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY “BANDAI NAMCO AFFILIATES”), EXCEED THE AMOUNT YOU HAVE PAID BANDAI NAMCO FOR BANDAI NAMCO SERVICES. BANDAI NAMCO, ITS LICENSORS AND AFFILIATES CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGES OR EXPENSES (INCLUDING PUNITIVE DAMAGES OR ECONOMIC LOSS OR ANY CLAIMS FOR LOSS OF PROFITS OR LOSS OF USE) RESULTING FROM YOUR USE OF SERVICES, BANDAI NAMCO SOFTWARE OR THE INTERNET, NOR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR YOUR ACCOUNTS. NO WARRANTIES ARE GIVEN REGARDING THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF BANDAI NAMCO SOFTWARE OR SERVICES. BANDAI NAMCO ACCEPTS NO LIABILITY FOR AN INABILITY TO OBTAIN OR USE CONTENT, RIGHTS, PRODUCTS OR SERVICES.

13.3 FOR THOSE COUNTRIES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF BANDAI NAMCO, ITS LICENSORS AND BANDAI NAMCO AFFILIATES WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. BANDAI NAMCO DOES NOT ENDORSE OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH BANDAI NAMCO, NOR SHALL IT TAKE PART IN MONITORING TRANSACTIONS BETWEEN YOU AND THE THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, NOR IS IT LIABLE IN ANY WAY WHATSOEVER.

13.4 Without limiting the scope of the foregoing, no provision of these Terms of Use limits BANDAI NAMCO’s liability to you in the event of death or personal injury resulting from negligence on the part of BANDAI NAMCO, or any other liability where such liability cannot be excluded or limited under the applicable law in force .

14. Indemnification

14.1 If BANDAI NAMCO so requests, you agree to defend and hold BANDAI NAMCO, its licensors and BANDAI NAMCO affiliates, its subcontractors, distributors and content providers, harmless against all liabilities, claims and expenses, including any lawyers’ fees, resulting from or relating to any violation by you of these Terms of Use, or relating to Content you provide on or through the Services. Without limiting the generality of the foregoing, you agree to defend and hold BANDAI NAMCO, its licensors and BANDAI NAMCO affiliates harmless against all liability in the event of unauthorised or illegal use of your account, including in the event of unauthorised or illegal use by a third party who has used your account. You agree to be held personally liable for your use of the Services and all your communication and actions on the Services, including all Content you provide, and to hold BANDAI NAMCO, its licensors and BANDAI NAMCO Affiliates harmless against all liability and against any damages resulting from your conduct on the Services, including the Content you provide.

14.2 BANDAI NAMCO and its licensors reserve the right to solely assume and at their own expense the defence and control of any matter otherwise subject to indemnification by you. In this event, you will no longer have any indemnification obligations to BANDAI NAMCO in the matter. The provisions of this Article are still valid after termination of these Terms of Use.

15. Links to third-party sites

Services may contain hyperlinks to websites operated by third parties, including advertisers and content providers. These sites may collect data or request personal information from you. BANDAI NAMCO does not control these websites and cannot be held liable for their content nor their privacy policy, nor the collection, use or distribution of the information these sites may collect. In all cases, you are recommended to read the personal data protection policy of each of the websites concerned.

16. Data protection

Respecting your privacy is a very important to us. Please carefully read BANDAI NAMCO’s Privacy Policy regarding how BANDAI NAMCO collects and uses your personal information. BANDAI NAMCO’s Privacy Policy is available at www.bandainamcoent.asia/privacy-policy.

17. General provisions

17.1 Remedies. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies to anyone other than the parties bound by these Terms of Use. You also agree that these Terms of Use, BANDAI NAMCO ‘s Privacy Policy, including BANDAI NAMCO ‘s enforcement of these policies, are not intended to confer and do not confer any rights or remedies to anyone.

17.2 Severability. If any part of these Terms of Use is found to be void or unenforceable, the void part should be construed in accordance with applicable law to best reflect the original intentions of BANDAI NAMCO, and the other parts will remain in full force and effect.

17.3 Waiver. A failure by BANDAI NAMCO to exercise or assert a right or provision of these Terms of Use does not constitute a waiver of that right or provision. Any waiver of any provision of these Terms of Use shall only be effective if it is stated as such in writing by BANDAI NAMCO

17.4 Governing law. These Terms of Use are subject to Singapore Law

17.5 Competent jurisdiction. YOU EXPRESSLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND BANDAI NAMCO, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, SERVICE PROVIDERS, DIRECTORS, ADMINISTRATORS, SUPPLIERS AND PROVIDERS, WILL COME UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF SINGAPORE

17.6 Entire agreement. These Terms of Use (including BANDAI NAMCO ‘s Privacy Policy incorporated by reference into this document) and any rules or instructions published, including but not limited to, a contest rule or an EULA, constitutes the entire agreement between you and BANDAI NAMCO regarding your rights and obligations in relation to your use of the Services. In the event of a contradiction between the Terms of Use and any other rule or instruction published online on a Service, BANDAI NAMCO will judge the matter according to its sole discretion. No general or specific terms of use of any of the parties could be integrated in this contractual document.

17.7 Headings. In the case of a difficulty of interpretation arising out of a contradiction between any of the headings of the clauses of the Terms of Use and the content of any of the clauses, the headings shall be deemed to be non-existent.

17.8 Contact. For any question, comment or complaint regarding this agreement or the Services, or for any additional information on the use of the Services, please visit BANDAI NAMCO’s customer support web page at www.bandainamcoenta.asia, or write to us at the following address: 9 Raffles Place #13-20 Singapore 048619