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BANDAI NAMCO ENTERTAINMENT
END USER LICENSE AGREEMENT
Last Updated: April 1, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR GAMES OR SERVICES.
This End User License Agreement (this “Agreement”) is a contract between you and BANDAI NAMCO Entertainment Inc. (“BNEI”, “BANDAI NAMCO”, “us”, “we” or “our”) and applies to your access to, and use of, the game in which this Agreement appears (or if posted online, the game referenced above), including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”). The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with BANDAI NAMCO for other products or services. Any changes, additions, or deletions by you are not acceptable, and are hereby expressly rejected by BANDAI NAMCO.
Additional terms provided by us (including, but not limited to, posted fees, billing procedures, and promotion rules) may apply to particular functionalities and features that are part of the Game. Unless otherwise indicated, any additional applicable terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern with respect to such particular functionalities and features.
1. PRIVACY. Data collected through this Game is held by BNEI in Japan. For more information, please refer to BNEI’s Privacy Policy (which will be shown after this Agreement) for information about how we collect, use, and disclose such data.
2. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to be bound by this Agreement and any applicable additional terms;
b) You agree to and comply with all of the terms in this Agreement, and any additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain security measures, including, without limitation, registering the Game with a serial code, having continuous access to the Internet, and accepting certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair your use of the Game;
d) Your access and use of the Game is in accordance with all applicable local, state, national, and foreign laws and regulations;
e) You access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”);
f) You have accepted and are in compliance with all terms and conditions applicable to the Hardware, including any terms of such platform regarding the checkout process.
3. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a nonexclusive, nontransferable, limited license to use the Game for the term of the Agreement in your country of residence, on Hardware that you own or exclusively control and solely as permitted by the applicable platform usage rules or terms of use (if any). Any updates, supplements or replacements to the original Game are governed by this Agreement unless separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Game, and we reserve all rights in and to the Game not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Game (except as expressly permitted by this license or the applicable platform usage rules); (ii) use the Game for any purpose other than your own personal, noncommercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Game; (iv) modify, alter, or create any derivative works of the Game; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Game; (vi) use the Game for purposes for which it is not designed; (vii) use the Game on any Hardware that you do not own or exclusively control; (viii) circumvent, or attempt to circumvent, any security measures in the Game; or (ix) attempt to obscure or mask your region when accessing any online features of the Game.
4. OWNERSHIP. The Game and all content (other than User Content, as defined below) and other materials in the Game or available through the Game, including, without limitation, the BANDAI NAMCO logo, and all designs, text, graphics, pictures, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof are the property of BANDAI NAMCO or its licensors and are protected by copyright and other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation any Game Currency and Virtual Items.
5. TERM.
a) Subject to your satisfaction of the preconditions set forth in Section 2, this Agreement will remain in full force and effect while you use the Game. Either party may terminate this Agreement with or without cause at any time with reasonable prior notice. You may terminate this Agreement by deleting or destroying all copies of the Game in your possession, custody, or control. BANDAI NAMCO shall not be liable to you or any third party for termination of your use of the Game.
b) Without limiting any other rights of BANDAI NAMCO, if you fail to comply with the terms and conditions of this Agreement, BANDAI NAMCO retains the right to immediately limit, suspend, or terminate your license to the Game.
c) Upon termination of this Agreement: (i) your license to the Game shall cease immediately; and (ii) you will not be entitled to a refund of any fees, including any unused fees, if any, except for Purchased Game Currency refunded as required by applicable law.
d) Sections 3(b), 4, 5(d), 7, 9, 12-19 shall survive termination of this Agreement.
6. AMENDMENTS. BANDAI NAMCO reserves the right to change or modify this Agreement at any time and for any reason at BANDAI NAMCO’s sole discretion. If BANDAI NAMCO makes changes to this Agreement, we will provide one month prior notice of such changes, such as by providing notice through the Game. Your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised Agreement.
7. MODIFICATION OF THE GAME. BANDAI NAMCO reserves the right to modify or discontinue, temporarily or permanently, the Game or any features or portions thereof with prior reasonable notice and, in case of emergency or if absolutely necessary, without prior notice. You agree that BANDAI NAMCO will not be liable for any modification, suspension, or discontinuance of the Game or any part thereof.
8. IN-GAME CURRENCY AND VIRTUAL ITEMS.
a) BANDAI NAMCO may offer you the ability to: (i) purchase a limited license to use in-game currency (“Purchased Game Currency”); (ii) earn a limited license to use in-game currency by performing specified tasks in the Game (together with the Purchased Game Currency, “Game Currency”); and/or (iii) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by BANDAI NAMCO in the Game (“Virtual Items”). If BANDAI NAMCO offers the ability to purchase or earn such licenses, BANDAI NAMCO shall grant you a non-exclusive, non-transferable, revocable, limited right and license to use such Game Currency or Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this Agreement and your compliance therewith.
b) Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency nor Virtual Items are redeemable for money, any thing of monetary value, or for any monetary equivalent from BANDAI NAMCO or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither BANDAI NAMCO nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that BANDAI NAMCO may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. BANDAI NAMCO, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed.
c) All purchases of Purchased Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Except for the purchase price of Purchased Game Currency and certain Virtual Items, BANDAI NAMCO does not charge any fees for the access, use, or non-use of Game Currency or Virtual Items.
d) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Game and as expressly permitted by BANDAI NAMCO. Except as otherwise agreed herein, BANDAI NAMCO reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
e) The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of this Agreement in accordance with Section 5, except as otherwise provided herein.
9. USER CONTENT. By posting any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Game (“User Content”), to the extent permitted by applicable local law, you hereby grant BANDAI NAMCO a non-exclusive, royalty-free, fully transferable and sub-licensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use the User Content in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BANDAI NAMCO’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to BANDAI NAMCO survives any termination or revocation of this Agreement.
10. ONLINE CONDUCT. Unless through the intentional fault or gross negligence of BANDAI NAMCO, BANDAI NAMCO is not responsible or liable for the conduct of any users, whether or not such conduct relates to the access or use of the Game. BANDAI NAMCO may suspend or terminate your access to the Game at any time if you violate the terms of this Section 10 or any other terms and conditions of this Agreement. BANDAI NAMCO may (for example in response to a claim from a copyright owner) review any User Content that is uploaded, published, stored, or displayed on the Game (hereinafter, “posted”) provided that in the case of User Content shared as a part of any private message within the Game, BANDAI NAMCO will not screen or review such content unless at least one party to the communication grants its consent (e.g. by reporting the message to BANDAI NAMCO as objectionable). BANDAI NAMCO reserves the right to delete or refuse to take online any User Content. Although BANDAI NAMCO does not regularly screen, edit, or monitor any of the User Content posted on the Game, BANDAI NAMCO reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted through the Game if BANDAI NAMCO determines in its reasonable discretion that such User Content violates this Agreement and/or any third party right, applicable law, rule, or regulation. You may not use the Game if you have previously been suspended or removed from the Game. You are solely responsible for any User Content that you post or transmit to any users or third parties. Specifically, you agree not to do, attempt to do, or cause another to do any of the following in connection with the Game:
a) post any User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; promotes or encourages any illegal or other antisocial activity, including hacking; promotes racism, bigotry, hatred, or physical or other harm of any kind against any group or individual or is otherwise objectionable;
b) post any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
c) engage in commercial activities or commercial sales, including transmission of any commercial advertisements or solicitations;
d) enter, disclose or disseminate any personal information about anyone (including you);
e) impersonate any person or entity, including any BANDAI NAMCO officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods that disturb other users of the Game;
g) use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Game, to gain an unfair advantage over other players, or to cheat or utilize unauthorized exploits in connection with the Game, including but not limited to accessing portions of the Game that you are not authorized to access and using any bots, emulators, or other unauthorized third party tools;
h) do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of BANDAI NAMCO or the platform provider in maintaining the Game for the enjoyment of all its users;
i) intentionally disconnect from the network during online play or allow yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game;
j) trade, sell, auction, or otherwise transfer or attempt to transfer any Virtual Items or Game Currency outside the Game;
k) otherwise violates the terms of this Agreement, other policies communicated by BANDAI NAMCO, or creates liability for BANDAI NAMCO.
11. COPYRIGHT POLICY. Copyright owners or agents of copyright owners who believe that anything in the Game infringes upon any copyright owned or controlled by them, may submit a notification of such infringement with our designated Copyright Agent as set forth below. The processing of your notification can be expedited by providing the information and declarations set out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite for infringement notification except for copyright owners located in the United States. Any person who knowingly misrepresents in a notification that the material or activity is infringing, may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the accused material or activity. BANDAI NAMCO has adopted a policy of terminating, in appropriate circumstances and at BANDAI NAMCO’s sole discretion, users who are repeat infringers of the intellectual property rights of third parties. Provided however that, BANDAI NAMCO also may limit or terminate access to the Game of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
BANDAI NAMCO Entertainment Inc.
Attn: Copyright Agent
5-37-8 Shiba, Minato-ku,
Tokyo 108-0014
Japan
+81-3-6744-6112 (phone)
+81-3-6866-0577 (fax)
copyrightagent@bandainamcoent.co.jp
12. THIRD PARTY CONTENT. Content from any users, advertisers, and other third parties may be made available to you through the Game. Because we do not control third party content, you agree that unless due to intentional fault or gross negligence of BANDAI NAMCO, we are not responsible for any third party content, make no guarantees about the accuracy or quality of the information in third party content; and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third party content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BANDAI NAMCO, except where expressly stated by BANDAI NAMCO.
13. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, BANDAI NAMCO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the exclusion or limitation of warranties or guarantees in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
14. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. Further, BANDAI NAMCO cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game. BANDAI NAMCO does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server.
15. LIMITATION ON LIABILITY. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY BANDAI NAMCO’S NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION BY BANDAI NAMCO, (3) INTENTIONAL ACTS OR GROSS NEGLIGENCE OF BANDAI NAMCO, (4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE GAME, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL BANDAI NAMCO OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES. IN THE EVENT OF SLIGHT OR ORDINARY NEGLIGENCE, OR BREACH OF BANDAI NAMCO’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, BANDAI NAMCO’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BANDAI NAMCO, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE GAME OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO BANDAI NAMCO FOR YOUR USE OF THE GAME. THIS SECTION 15 DOES NOT LIMIT ANY MANDATORY OR STATUTORY GUARANTEES THAT CANNOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
16. GOVERNING LAW. To the extent required by applicable law, all terms and provisions of this Agreement shall be governed and construed in accordance with all applicable mandatory laws, even if inconsistent with the governing law set forth in this Section 16 and in no event shall the application, interpretation, or enforcement of the terms of this Agreement, under any jurisdictional law contemplated by this Section 16 exclude, limit, or otherwise restrict any rights vested with you, as a consumer, under any applicable consumer protection laws. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods shall not apply to any dispute or transaction arising out of this Agreement. Any dispute between the parties arising from or relating to this Agreement will be governed by this Agreement and the laws of Japan, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
17. VENUE. Any dispute between the parties arising from or relating to this Agreement shall be decided by the Tokyo District Court, and you and BNEI agree to submit to the exclusive jurisdiction of that court.
18. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement.
19. MISCELLANEOUS. This Agreement contains the entire agreement between you and BANDAI NAMCO regarding the use of the Game. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect for the remainder of the term, or as otherwise set forth in Section 5(d), except if such provision deprives the Agreement from its essential obligations. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of BANDAI NAMCO, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of BANDAI NAMCO to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
To contact BNEI, please follow the process described on our support page located at http://bandainamcoent.co.jp/cs_support/.
BNEI_On_v2_en
END USER LICENSE AGREEMENT
Last Updated: April 1, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR GAMES OR SERVICES.
This End User License Agreement (this “Agreement”) is a contract between you and BANDAI NAMCO Entertainment Inc. (“BNEI”, “BANDAI NAMCO”, “us”, “we” or “our”) and applies to your access to, and use of, the game in which this Agreement appears (or if posted online, the game referenced above), including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”). The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with BANDAI NAMCO for other products or services. Any changes, additions, or deletions by you are not acceptable, and are hereby expressly rejected by BANDAI NAMCO.
Additional terms provided by us (including, but not limited to, posted fees, billing procedures, and promotion rules) may apply to particular functionalities and features that are part of the Game. Unless otherwise indicated, any additional applicable terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern with respect to such particular functionalities and features.
1. PRIVACY. Data collected through this Game is held by BNEI in Japan. For more information, please refer to BNEI’s Privacy Policy (which will be shown after this Agreement) for information about how we collect, use, and disclose such data.
2. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to be bound by this Agreement and any applicable additional terms;
b) You agree to and comply with all of the terms in this Agreement, and any additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain security measures, including, without limitation, registering the Game with a serial code, having continuous access to the Internet, and accepting certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair your use of the Game;
d) Your access and use of the Game is in accordance with all applicable local, state, national, and foreign laws and regulations;
e) You access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”);
f) You have accepted and are in compliance with all terms and conditions applicable to the Hardware, including any terms of such platform regarding the checkout process.
3. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a nonexclusive, nontransferable, limited license to use the Game for the term of the Agreement in your country of residence, on Hardware that you own or exclusively control and solely as permitted by the applicable platform usage rules or terms of use (if any). Any updates, supplements or replacements to the original Game are governed by this Agreement unless separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Game, and we reserve all rights in and to the Game not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Game (except as expressly permitted by this license or the applicable platform usage rules); (ii) use the Game for any purpose other than your own personal, noncommercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Game; (iv) modify, alter, or create any derivative works of the Game; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Game; (vi) use the Game for purposes for which it is not designed; (vii) use the Game on any Hardware that you do not own or exclusively control; (viii) circumvent, or attempt to circumvent, any security measures in the Game; or (ix) attempt to obscure or mask your region when accessing any online features of the Game.
4. OWNERSHIP. The Game and all content (other than User Content, as defined below) and other materials in the Game or available through the Game, including, without limitation, the BANDAI NAMCO logo, and all designs, text, graphics, pictures, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof are the property of BANDAI NAMCO or its licensors and are protected by copyright and other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation any Game Currency and Virtual Items.
5. TERM.
a) Subject to your satisfaction of the preconditions set forth in Section 2, this Agreement will remain in full force and effect while you use the Game. Either party may terminate this Agreement with or without cause at any time with reasonable prior notice. You may terminate this Agreement by deleting or destroying all copies of the Game in your possession, custody, or control. BANDAI NAMCO shall not be liable to you or any third party for termination of your use of the Game.
b) Without limiting any other rights of BANDAI NAMCO, if you fail to comply with the terms and conditions of this Agreement, BANDAI NAMCO retains the right to immediately limit, suspend, or terminate your license to the Game.
c) Upon termination of this Agreement: (i) your license to the Game shall cease immediately; and (ii) you will not be entitled to a refund of any fees, including any unused fees, if any, except for Purchased Game Currency refunded as required by applicable law.
d) Sections 3(b), 4, 5(d), 7, 9, 12-19 shall survive termination of this Agreement.
6. AMENDMENTS. BANDAI NAMCO reserves the right to change or modify this Agreement at any time and for any reason at BANDAI NAMCO’s sole discretion. If BANDAI NAMCO makes changes to this Agreement, we will provide one month prior notice of such changes, such as by providing notice through the Game. Your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised Agreement.
7. MODIFICATION OF THE GAME. BANDAI NAMCO reserves the right to modify or discontinue, temporarily or permanently, the Game or any features or portions thereof with prior reasonable notice and, in case of emergency or if absolutely necessary, without prior notice. You agree that BANDAI NAMCO will not be liable for any modification, suspension, or discontinuance of the Game or any part thereof.
8. IN-GAME CURRENCY AND VIRTUAL ITEMS.
a) BANDAI NAMCO may offer you the ability to: (i) purchase a limited license to use in-game currency (“Purchased Game Currency”); (ii) earn a limited license to use in-game currency by performing specified tasks in the Game (together with the Purchased Game Currency, “Game Currency”); and/or (iii) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by BANDAI NAMCO in the Game (“Virtual Items”). If BANDAI NAMCO offers the ability to purchase or earn such licenses, BANDAI NAMCO shall grant you a non-exclusive, non-transferable, revocable, limited right and license to use such Game Currency or Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Game, subject to the terms of this Agreement and your compliance therewith.
b) Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency nor Virtual Items are redeemable for money, any thing of monetary value, or for any monetary equivalent from BANDAI NAMCO or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither BANDAI NAMCO nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that BANDAI NAMCO may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. BANDAI NAMCO, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed.
c) All purchases of Purchased Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Except for the purchase price of Purchased Game Currency and certain Virtual Items, BANDAI NAMCO does not charge any fees for the access, use, or non-use of Game Currency or Virtual Items.
d) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Game and as expressly permitted by BANDAI NAMCO. Except as otherwise agreed herein, BANDAI NAMCO reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
e) The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of this Agreement in accordance with Section 5, except as otherwise provided herein.
9. USER CONTENT. By posting any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Game (“User Content”), to the extent permitted by applicable local law, you hereby grant BANDAI NAMCO a non-exclusive, royalty-free, fully transferable and sub-licensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use the User Content in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BANDAI NAMCO’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to BANDAI NAMCO survives any termination or revocation of this Agreement.
10. ONLINE CONDUCT. Unless through the intentional fault or gross negligence of BANDAI NAMCO, BANDAI NAMCO is not responsible or liable for the conduct of any users, whether or not such conduct relates to the access or use of the Game. BANDAI NAMCO may suspend or terminate your access to the Game at any time if you violate the terms of this Section 10 or any other terms and conditions of this Agreement. BANDAI NAMCO may (for example in response to a claim from a copyright owner) review any User Content that is uploaded, published, stored, or displayed on the Game (hereinafter, “posted”) provided that in the case of User Content shared as a part of any private message within the Game, BANDAI NAMCO will not screen or review such content unless at least one party to the communication grants its consent (e.g. by reporting the message to BANDAI NAMCO as objectionable). BANDAI NAMCO reserves the right to delete or refuse to take online any User Content. Although BANDAI NAMCO does not regularly screen, edit, or monitor any of the User Content posted on the Game, BANDAI NAMCO reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted through the Game if BANDAI NAMCO determines in its reasonable discretion that such User Content violates this Agreement and/or any third party right, applicable law, rule, or regulation. You may not use the Game if you have previously been suspended or removed from the Game. You are solely responsible for any User Content that you post or transmit to any users or third parties. Specifically, you agree not to do, attempt to do, or cause another to do any of the following in connection with the Game:
a) post any User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; promotes or encourages any illegal or other antisocial activity, including hacking; promotes racism, bigotry, hatred, or physical or other harm of any kind against any group or individual or is otherwise objectionable;
b) post any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
c) engage in commercial activities or commercial sales, including transmission of any commercial advertisements or solicitations;
d) enter, disclose or disseminate any personal information about anyone (including you);
e) impersonate any person or entity, including any BANDAI NAMCO officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods that disturb other users of the Game;
g) use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Game, to gain an unfair advantage over other players, or to cheat or utilize unauthorized exploits in connection with the Game, including but not limited to accessing portions of the Game that you are not authorized to access and using any bots, emulators, or other unauthorized third party tools;
h) do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of BANDAI NAMCO or the platform provider in maintaining the Game for the enjoyment of all its users;
i) intentionally disconnect from the network during online play or allow yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game;
j) trade, sell, auction, or otherwise transfer or attempt to transfer any Virtual Items or Game Currency outside the Game;
k) otherwise violates the terms of this Agreement, other policies communicated by BANDAI NAMCO, or creates liability for BANDAI NAMCO.
11. COPYRIGHT POLICY. Copyright owners or agents of copyright owners who believe that anything in the Game infringes upon any copyright owned or controlled by them, may submit a notification of such infringement with our designated Copyright Agent as set forth below. The processing of your notification can be expedited by providing the information and declarations set out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite for infringement notification except for copyright owners located in the United States. Any person who knowingly misrepresents in a notification that the material or activity is infringing, may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the accused material or activity. BANDAI NAMCO has adopted a policy of terminating, in appropriate circumstances and at BANDAI NAMCO’s sole discretion, users who are repeat infringers of the intellectual property rights of third parties. Provided however that, BANDAI NAMCO also may limit or terminate access to the Game of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
BANDAI NAMCO Entertainment Inc.
Attn: Copyright Agent
5-37-8 Shiba, Minato-ku,
Tokyo 108-0014
Japan
+81-3-6744-6112 (phone)
+81-3-6866-0577 (fax)
copyrightagent@bandainamcoent.co.jp
12. THIRD PARTY CONTENT. Content from any users, advertisers, and other third parties may be made available to you through the Game. Because we do not control third party content, you agree that unless due to intentional fault or gross negligence of BANDAI NAMCO, we are not responsible for any third party content, make no guarantees about the accuracy or quality of the information in third party content; and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third party content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BANDAI NAMCO, except where expressly stated by BANDAI NAMCO.
13. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, BANDAI NAMCO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the exclusion or limitation of warranties or guarantees in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
14. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BANDAI NAMCO IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. Further, BANDAI NAMCO cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game. BANDAI NAMCO does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server.
15. LIMITATION ON LIABILITY. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY BANDAI NAMCO’S NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION BY BANDAI NAMCO, (3) INTENTIONAL ACTS OR GROSS NEGLIGENCE OF BANDAI NAMCO, (4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE GAME, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL BANDAI NAMCO OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES. IN THE EVENT OF SLIGHT OR ORDINARY NEGLIGENCE, OR BREACH OF BANDAI NAMCO’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, BANDAI NAMCO’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BANDAI NAMCO, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE GAME OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO BANDAI NAMCO FOR YOUR USE OF THE GAME. THIS SECTION 15 DOES NOT LIMIT ANY MANDATORY OR STATUTORY GUARANTEES THAT CANNOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
16. GOVERNING LAW. To the extent required by applicable law, all terms and provisions of this Agreement shall be governed and construed in accordance with all applicable mandatory laws, even if inconsistent with the governing law set forth in this Section 16 and in no event shall the application, interpretation, or enforcement of the terms of this Agreement, under any jurisdictional law contemplated by this Section 16 exclude, limit, or otherwise restrict any rights vested with you, as a consumer, under any applicable consumer protection laws. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods shall not apply to any dispute or transaction arising out of this Agreement. Any dispute between the parties arising from or relating to this Agreement will be governed by this Agreement and the laws of Japan, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
17. VENUE. Any dispute between the parties arising from or relating to this Agreement shall be decided by the Tokyo District Court, and you and BNEI agree to submit to the exclusive jurisdiction of that court.
18. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement.
19. MISCELLANEOUS. This Agreement contains the entire agreement between you and BANDAI NAMCO regarding the use of the Game. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect for the remainder of the term, or as otherwise set forth in Section 5(d), except if such provision deprives the Agreement from its essential obligations. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of BANDAI NAMCO, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of BANDAI NAMCO to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
To contact BNEI, please follow the process described on our support page located at http://bandainamcoent.co.jp/cs_support/.
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