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.
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.
3.4 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 email@example.com or at the address mentioned in section17.6.
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.
4.1 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.
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
5.1 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.
6.1 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.
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.
7.4 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.
8.1 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.
8.5 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.
9.1 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.
9.4 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.
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.
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.
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.
13.1 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.
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
17.8 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