Terms of Use

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 BNEE (the "Services").

1.2 These Terms of Use constitute a legally binding agreement between yourself and BNEE. By using the Services, you state that you are an adult, or at least 16 years old and have read this agreement with a parent or legal guardian, and that he or she accepts these Terms of Use on your behalf and takes full responsibility for your compliance with these terms. You acknowledge that you are, or the parent or legal guardian is, competent and fully able to respect the Terms of Use, accept the terms, conditions and obligations, to make statements and to accept all the responsibilities set out in these Terms of Use.

Your use of all or part of the Services or content available on the Website or in the Services (the "Content") itself constitutes your full acceptance of the Terms of Use. In addition to these Terms of Use, by using certain Services, you will be subject to the published guidelines or rules applicable to such Services. All the guidelines and rules are incorporated by reference into these Terms of Use.

1.3 Updates and changes to the Terms of Use. At its sole discretion, BNEE 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 https://www.bandainamcoent.eu/terms-of-use 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 https://www.bandainamcoent.eu/terms-of-use. 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 https://www.bandainamcoent.eu/. 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 16 years old and have created your account with a parent or legal guardian, and he or she must agree to the creation of this account on your behalf, and takes full responsibility for creating this account and all information provided as part of creating this account.

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

2.8 Respecting your privacy is a very important to us. Please carefully read BNEE's Privacy Policy regarding how BNEE collects and uses your personal information. BNEE's Privacy Policy is available at https://www.bandainamcoent.eu/privacy-policy

3
Termination of services and closing of accounts

3.1 Termination of Services. BNEE 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.

3.2 Closing of accounts. BNEE 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 BNEE 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, BNEE 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, BNEE may issue a warning, suspend your account, delete, revoke or seize certain Content associated with the accounts in question. If BNEE terminates your account, you cannot regain access to a Service without the express permission of BNEE. You must not let anyone whose accounts have been terminated by BNEE 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 BNEE 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 BNEE, 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 BNEE Customer Support at https://service.bandainamcoent.eu/ or at the address mentioned in section17.6.

BNEE 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 BNEE, 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, BNEE offers the ability to create your own Content. By providing User-Generated Content, you grant BNEE 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 BNEE), 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 BNEE all licences, agreements and permissions to enable BNEE 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 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 BNEE 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 BNEE that you have the written consent of the third party to use it within the Content.

4.3 Monitoring of Content. BNEE 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, BNEE 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 BNEE 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. BNEE 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 BNEE. Within the limits provided by applicable law, BNEE 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 BNEE 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 BNEE or an authorised dealer. BNEE reserves the right to refuse your Content acquisition request(s), and BNEE reserves the right to limit or block any Content acquisition request if there is an ongoing dispute between you and BNEE.

5.2 BNEE 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 , BNEE makes its best efforts to enable access and use of the Website and the Services in accordance with the rules of the art. BNEE 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. BNEE shall not be responsible for the proper functioning of your IT device and your internet access.

BNEE 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 and transmission means are capable of following the technological developments of the Website.

6.2 Security
BNEE acknowledges that all personal data are subject to compliance with the legal framework applicable to the security of personal data.

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

7
Users and Website functionality

7.1 Principles of the Bandai Namco loyalty programme  The "Ep!c Rewards Club" loyalty program (the "Program") enables registered Users to earn loyalty points, called "Ep!c points" ("Points"), that can be obtained through the ways outlined in the "Ep!c Rewards Club" Loyalty Program General Terms and Conditions. These conditions can be accessed and viewed on the Website.

7.2 Discussion forums and moderation BNEE provides discussion forums for registered Users. Messages posted by Users on these forums are moderated by BNEE moderators and self-declared voluntary moderators, and by other Bandai Namco loyalty programme Users. Unwelcome or offensive messages from impolite Users should be reported to BNEE and the Website administrator, who are able to delete unwelcome or offensive messages, and issue a warning or suspension to the author of the offensive private message. Improper reporting of messages may lead to points removal, a warning or a ban from the Website. Under no circumstances can BNEE be held liable for comments that do not comply with the Code of Conduct included in these Terms of Use, nor for any damage that may result.

7.3 Gift-Points Table Users can exchange points for corresponding gifts, both physical (goodies) and digital (DLC). The number of points required for each gift is available in the Bandai Namco loyalty programme on the Website. The Gift-Points Table is defined at BNEE's sole discretion and is subject to change. Users cannot invoke the right to claim a gift, including if there is an increase in the number of points required for a gift, or there is temporary or permanent unavailability of a gift. There are limited quantities of gifts available. BNEE reserves the right to substitute the gift with a gift of similar value if out of stock. Users cannot invoke the right to claim a gift. BNEE reserves the right to refuse to send a gift to any User who does not comply with these Terms of Use and/or who has acquired points fraudulently and in any way other than by normal means (e.g. game registration codes acquired without buying the game).

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. BNEE 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 BNEE 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. BNEE 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 BNEE by providing the relevant customs duty documentation. Compensation will be determined at BNEE's sole discretion.

7.5 "Private Messaging" feature BNEE provides Users with a Private Messaging feature, allowing Users to directly communicate with other members of the Bandai Namco loyalty programme. Users agree to respect the Code of Conduct (article 9) when using this feature.

7.6 Moderation of messages Messages are moderated by self-declared voluntary moderators and other Bandai Namco loyalty programme Users. Unwelcome or offensive messages from impolite Users should be reported through private message or via the "Report Abuse" button to BNEE and the Website administrator, who are able to delete unwelcome or offensive messages, and issue a warning or suspension to the author of the offensive private message.

Any abuse of the "Report Abuse" feature will be punished. Improper reporting of messages may lead to points removal, a warning or a ban from the Website. Under no circumstances can BNEE be held liable for comments that do not comply with the Code of Conduct included in these Terms of Use, nor for any damage that may result.

7.7 Registering games to a User account Games are registered via a User account so Users can register any games purchased by following the registration procedure in the Bandai Namco loyalty programme. BNEE cannot be held liable for any error while registering games. By registering games, Users can earn Points, as defined in the Bandai Namco loyalty programme. These bonus points can be changed at any time by BNEE.
Registration of games is reserved for Users who have purchased their games from BNEE-authorised retailers. Any User registering a game may be asked to provide proof of purchase (invoice or copy of registration code). Proof of purchase must be provided within a maximum of five (5) working days. If proof of purchase is not provided within the deadline, Points will not be awarded for registration. BNEE reserves the right to ban any User who has clearly abused the system by registering what BNEE deems to be a much higher number of games than the norm.

8
Intellectual property rights

8.1 BNEE 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. BNEE 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 BNEE or a third party, BNEE may terminate your account without notice.

8.2 BNEE 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 BNEE or to its licensors and rights holders, are protected under United States 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 BNEE or its partners licensed to use the Content as part 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 BNEE 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. BNEE 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 BNEE'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 BNEE 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 BNEE.

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 BNEE 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 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 punished by provisions of the Intellectual Property Code. 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 BNEE, for violation of intellectual property rights. You agree to defend and hold BNEE harmless for any unauthorised or illegal conduct by yourself or through your Account regarding use of Services and/or Content.

9
Code of Conduct

9.1The 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. BNEE reserves the right to take any action it deems necessary to enforce this Code of Conduct.

9.2By 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 BNEE, try to deceive Users by claiming to represent BNEE or a company partnering or affiliated with BNEE.
• 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 BNEE'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 BNEE.
• 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 BNEE Software on or through a Service that is not controlled nor authorised by BNEE. By using BNEE software is such a way, you do so at your own risk and you may be subject to additional or different terms. BNEE accepts no liability for any use of BNEE Software on or through a Service that is not controlled by BNEE.
• Obstruct other Users in their use of a Service.
• Unless expressly authorized by BNEE, you may not sell, purchase, exchange or transfer by any means your BNEE 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.

9.3You must comply with all federal, national, regional and local laws, rules and regulations that apply to your actions when using the Services. BNEE 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.

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

10
Services not controlled by BNEE

Certain products may allow you to use BNEE Software on or through a Service that is not controlled by BNEE. For example, you may be able to play with BNEE Software online on servers that BNEE does not own or does not control. BNEE accepts no liability regarding your use of BNEE 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 BNEE 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 BNEE or its licensors (the "BNEE Software") on to your computer, entertainment system or device. You acknowledge that some updates and changes may be necessary to continue to use BNEE Software and Services. BNEE grants you a limited and non-exclusive licence allowing you to use BNEE Software for the sole purposes intended by BNEE from the moment it is made available to you. If an End-User Licence Agreement ("EULA") is provided with BNEE Software, your use of the BNEE Software is subject to the provisions of this EULA. You are not permitted to sublicense or charge others for access to BNEE Software. You are not permitted to translate, reverse engineer or reverse compile, decompile or disassemble BNEE Software, nor create derived works from BNEE Software. You may not modify BNEE software, nor use it in any way that is not expressly permitted in writing by BNEE. You agree that BNEE's use of different technologies may not be consistent across all platforms and that the performance of BNEE Software and related Services may vary according to your computer and other hardware.

12
Updates to Services

IMPORTANT: BNEE MAY FIND IT NECESSARY TO UPDATE OR RESET CERTAIN SETTINGS FOR USE OF THE SERVICES. BNEE 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 LAW. THE SERVICES, PRODUCTS AND CONTENT OFFERED BY BNEE 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 BNEE SOFTWARE, CONTENT OR SERVICES. BNEE ACCEPTS NO LIABILITY FOR AN INABILITY TO OBTAIN OR USE CONTENT, RIGHTS, PRODUCTS OR SERVICES. BNEE 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 LAW, YOUR ONE AND ONLY REMEDY IN CASE OF DISPUTE WITH BNEE OR ITS LICENSORS IS TO CEASE USING THE SERVICES AND TO TERMINATE YOUR BNEE ACCOUNT. YOU ALSO ACKNOWLEDGE AND AGREE THAT BNEE, 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 BNEE SOFTWARE. UNDER NO CIRCUMSTANCES CAN BNEE'S LIABILITY TO YOU, OR THAT OF ITS LICENSORS, ITS AFFILIATED COMPANIES, ITS EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY "BNEE AFFILIATES"), EXCEED THE AMOUNT YOU HAVE PAID BNEE FOR BNEE SERVICES. BNEE, ITS LICENSORS AND BNEE AFFILIATES CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF SERVICES, BNEE 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 BNEE SOFTWARE OR SERVICES. BNEE 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 BNEE, ITS LICENSORS AND BNEE AFFILIATES WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BNEE DOES NOT ENDORSE OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH BNEE, 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 BNEE's liability to you in the event of fraudulent statement, death or personal injury resulting from negligence on the part of BNEE, or any other liability where such liability cannot be excluded or limited under the law in force.

14
Indemnification

14.1 If BNEE so requests, you agree to defend and hold BNEE, its licensors and BNEE 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 BNEE, its licensors and BNEE affiliates harmless against all liability in the event of inappropriate or illegal use of your account, including in the event of illegal or inappropriate 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 BNEE, its licensors and BNEE Affiliates harmless against all liability and against any damages resulting from your conduct on the Services, including the Content you provide.

14.2 BNEE 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 BNEE 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. BNEE 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

16.1 About us

Data Controller

The following information are communicated to you so that you know the commitments regarding the protection of personal data made by BNEE, SAS, located 49-51 rue des Docks, 69258 Lyon Cedex 09, who acts as the controller for the processing of personal data referred to in this document.

Data Protection Officer

The Data protection Officer is Ms. Nathalie Plouviet, lawyer at the law firm Alain Bensoussan Avocats whose contact details are as follows:

Maître Nathalie Plouviet, Alain Bensoussan Avocats, Immeuble Cap Etoile, 58 boulevard Gouvion-Saint-Cyr 75017 Paris
nathalie-plouviet@alain-bensoussan.com
01 82 73 05 05

16.2 Personal data we process

In the context of processing of personal data, Bandai collects and processes the following data:

• Identification data and data for communication purposes such as your name, postal address (promotion, billing, delivery), email address, telephone number, or any other information we can use to personally identify you, or contact you online or by any other means on BANDAI NAMCO network or any other social network that BANDAI NAMCO would use.
• Demographic data, which could contain the following types of information: age, date of birth, sex, products owned/played, favourite games, favourite genres, favourite subjects, favourite characters, and any other non-personal or survey-type information, such as hobbies, preferences, interests and specific skills. This list is not exhaustive.
• Login data, such as usernames, passwords or similar information we may use to accurately identify you or your account before authorising you to access account information or certain online activities.
• All personal data you choose to share about yourself (on BANDAI NAMCO's social networks, for example, or as part of user-generated content on websites).
• Technical data, which may include certain information or details about your personal computer (e.g. operating system, web browser, your computer's IP [Internet Protocol] address, name and version of programs installed on your computer and any data allowing geolocation).
• Usage data, which may contain collectively non-technical information about: (i) how you use, browse or view content on our websites ("website usage" or "browsing history"), (ii) the products you buy or download online ("order history"), and (iii) your results or progress in certain BANDAI NAMCO games ("game data") and (iv) your presence on a promotional event.

16.3 Purposes and legal bases of our data processing

Purposes of our data processing

We may use the information (all types combined) we collect about you for various purposes, such as to:

• Personalise and enhance your browsing experience and to allow us to offer the type of content and offers that might interest you
• Offer and provide products and services, and any solutions required
• Send you important messages, such as welcome letters, order confirmations, reminders or any other type of commercial or administrative notice
• Create and manage customers' accounts and billing history
• Contact you about our products and services, and to tailor our special offers and promotions to your preferences, habits and requirements
• Monitor our websites' statistics
• Monitor the performance of our customer service employees
• Create your online account and recognise you when you try to log in
• Quickly process your requests for information
• Allow us to respond to your questions efficiently
• Organise a contest, promotion, survey or similar
• Send you advertising or other promotional material
• Allow us to share information about you within the limits provided by law and according to the full terms below.

Legal bases of our data processing

We process data only if at least one of the following applies:

• You have given consent to the processing of your data;
• the existence of our legitimate interest, or that of a third party, which justifies that we process the personal data concerned;
• the performance of a contract between you and us requires that we process the personal data concerned;
• we are required to comply with legal and regulatory obligations, which require the processing of the personal data concerned.

16.4 Recipients of your data

The personal data that we collect, as well as those that will collect subsequently, are intended for us in our capacity as data controller.

We ensure that only authorised persons have access to these data. Our service providers can be recipients of these data to perform the services we entrust to them. Some personal data may be sent to third parties or to legally authorised authorities in order to meet our legal, regulatory or contractual obligations.

Your personal data may be aligned, combined or shared with all Bandai Namco Group entities.

They may be communicated to these entities for purposes set out in these terms of use. These operations are carried out on the basis of instruments that comply with applicable regulations and are capable of ensuring that your rights are protected and respected.

16.5 Transfers or your data

Personal data may be transferred to the United States. Each of these transfers is carried out on the basis of legal instruments that comply with the applicable legal framework.

The recipients of these data have adhere to the Privacy Shield recognized as offering a level of protection equivalent to the one applied on the European Union territory pursuant to the decision on the adequacy of the protection provided by the EU-U.S. Privacy Shield adopted by the European Commission on 12 July 2016.

Transfers made to the United States to processors who have not adhered to the Privacy Shield are governed by standard contractual clauses approved by Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council.

16.6 Retention period

The retention periods we apply to your personal data are proportionate to the purposes for which they were collected. Our data retention policy is organized as follows:

16.7 Your rights

Your right of information

You acknowledge that these terms of use provides you with information about the purposes, legal framework, interests, recipients or categories of recipients with whom your personal data are shared, and the possibility of a data transfer to a third country or international organisation.

In addition to this information and with the aim of ensuring fair and transparent processing of your data, you further acknowledge that you have received additional information concerning:

• the period for which your personal data will be kept;
• the existence of the rights which are granted to you and how you can exercise them.

If we decide to process data for purposes other than those indicated, all information relating to those new purposes will be communicated to you.

Your right of access to and rectification of your data

You have the right to access and rectify your personal data, which you can exercise by contacting our customer service on the following website: service.bandainamcoent.eu

You will obtain confirmation as to whether or not your personal data are being processed and where this is the case, access to your data and the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipient as well as the international organisations to whom the personal data have been or will be disclosed, in particular recipients in third countries;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subjects, any available information as to their source;
• the existence of automated decision-making, including profiling, and in this case, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You can ask us to, as the case may be, rectify or complete your personal data that are inaccurate, incomplete, equivocal or expired.

Your right to erasure of your data

You can ask us to erase your personal data where one of the following grounds applies:

• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• you withdraw the consent you have previously given;
• you object to the processing of your personal data and there is no legal reason for such processing;
• the processing of personal data does not comply with the provisions of the applicable laws and regulations;
• your personal data have been collected in relation to the offer of information society services to children under 16 years of age.

However, the exercise of this right will not be possible when the retention of your personal data is necessary for compliance with laws and regulations and in particular for example for the establishment, exercise or defence of legal claims.

Your right to restriction of processing

You may request restriction of processing of your personal data in the cases provided for by law and regulations.

Your right to object to data processing

You have the right to object to the processing of personal data concerning you when the processing is based on the legitimate interest of the controller.

Your right to data portability

You have the right to portability of your personal data.

The data on which this right can be exercised are:

• only your personal data, which excludes anonymised personal data or data that do not concern you;
• declarative personal data and personal data relating to our functioning as mentioned above;
• personal data which do not adversely affect the rights and freedoms of others such as those protected by trade secrets.

This right is limited to processing based on consent or contract as well as to personal data that you have personally generated.

This right does not include derived or inferred data, which are personal data created by BANDAI NAMCO.

Your right to withdraw your consent

When the data processing we carry out is based on your consent, you may withdraw it at any time. We will then stop processing your personal data but this will have no impact on the previous transactions based on the consent you gave before the withdrawal, subject to compliance with the statutory and regulatory obligations which requires data retention to which we are subject.

Your right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with the French data protection authority (CNIL) on the French territory without prejudice to any administrative or judicial remedy.

Your right to define post-mortem directives

You can give instructions in relation to the storage, erasure and communication of your personal date after your death to a certified trusted third party in charge of enforcing the wishes of the deceased in compliance with the applicable legal framework.

How to exercise your rights?

All the rights enumerated above can be exercised by sending a request, together a copy of an ID document, to BANDAI NAMCO Entertainment Europe SAS by email to privacy@bandainamcoent.eu , or by post to 49-51, rue des Docks, 69258 Lyon Cedex 09.

Regarding the exercise of your right of information, we are not required to provide you with information where:

• you already possess the information;
• the recording or disclosure of your personal data is expressly laid down by law;
• the provision of information to you proves to be impossible;
• the provision of information to you would involve a disproportionate effort.

16.8 Why are your data communicated to us

Your personal data are communicated to us to be able to enter into the contract allowing you in particular to play our games. As part of that, you are likely to be the subject of direct marketing.

In this context, if you refuse to provide us with your personal data, you will not be able to benefit from our online services.

16.9 The existence of automated decision-making

When you have agreed to receive direct marketing messages, we inform you that we implement profiling operations in order to target opt-in marketing campaigns, reactivation campaigns and emailing campaigns in relation to your game preferences.

These operations, which have no impact on the operation of our services, do not produce legal effects.

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, BNEE's Privacy Policy, including BNEE'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 BNEE, and the other parts will remain in full force and effect.

17.3 Waiver. A failure by BNEE 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 BNEE.

17.4 Governing law. These Terms of Use are subject to French law.

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

17.6 Entire agreement. These Terms of Use (including BNEE'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 BNEE 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, BNEE 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 BNEE's customer support web page at service.bandainamcoent.eu, or write to us at the following address:

BANDAI NAMCO ENTERTAINMENT EUROPE S.A.S.
49-51 Rue des Docks, CS 90618,
69258 LYON Cedex 09, FRANCE.