Terms of use (browsing)

1. Purpose and description

The purpose of these terms and conditions is to set out the conditions of use of the Site and of all the pages of the Site accessible at the following address: bandainamcoent.eu.

This Site gives Visitors access to editorial content such as articles presenting games or news about the world of video games, as well as to the store. You can also buy games and related products and join the loyalty programme offered by BNE (Club! loyalty programme), provided you have created a member Account.

2. Definitions

The terms defined below will have the following meaning between the Parties:

• "Member Account" : refers to the area created by the user and accessible after authentication to access the functionalities reserved for them in their capacity as a member;
• "Internet": network of networks enabling the exchange of information using a protocol known as TCP/IP. The data is routed through different networks that are capable of reading the messages according to this technical standard. Each element of this network belongs to private or public bodies which operate them in cooperation without necessarily implying a bilateral obligation of quality;
• "Visitor": refers to any person visiting the Site to consult the content and information published on the Site which is freely accessible, i.e. without having to be connected to the member Account.

3.Site access

Access to the Website is free. The Site is accessible 24 hours a day, 7 days a week.

BNE endeavours to provide quality access and to enable Visitors to use the means of communication made available to them under the best possible conditions.

Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, BNE makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Site. BNE cannot guarantee absolute accessibility or availability of the Site.

However, BNE reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more remote services, in particular to carry out updates, maintenance operations, modifications or changes to operating methods, servers and accessibility times, without this list being exhaustive.

BNE is not liable for any damage of any kind that may result from these changes or from the temporary unavailability or permanent closure of all or part of the Site or the services associated with it.

BNE reserves the right to add to or modify, at any time, the Site and the services available on it in line with technological developments.

It is the Visitor's responsibility to ensure that the IT and transmission resources at their disposal can be adapted to changes in the Site.

4. Conditions of access to the Site

Any Visitor to the Site is deemed to have read these terms of use and is required, on each visit, to read any changes to them, as BNE reserves the right to amend them at any time.

Browsing all or part of the Site constitutes full acceptance of these terms of use by the Visitor. 

In the event of modification, a notice of modification will be published on the page https://www.bandainamcoent.eu/terms-of-use so that you can take note of any new provisions or conditions governing your use of the Services. Any update will come into force thirty (30) days after publication of the notice of change, and the Terms of Use of the new Services will come into force as soon as they are published on the page https://www.bandainamcoent.eu/terms-of-use. If you do not accept the modifications, you must stop browsing the Site. Any use of the Site following changes to these Terms of Use will constitute acceptance of the changes in question.

5. Advertising or promotion on the Site

BNE reserves the right to publish, free of charge or for a fee, advertising or promotional messages on its site.

6. Hypertext links

BNE reserves the right to set up hyperlinks on its website giving access to web pages other than those of its Site, over which BNE exercises no control.

BNE declines all responsibility for the conditions of access to these sites and for the content of the information provided on these sites as a result of the activation of hyperlinks.

Any link to the Site must be authorised by BNE.

Under no circumstances may this authorisation be construed as an implicit affiliation agreement.

In any event, hypertext links to the Site must be withdrawn at BNE's first request.

7. Personal data

In accordance with the Regulations on the protection of personal data, the Visitor is informed that BNE, as data controller, processes personal data.

To find out more about this processing of personal data and the extent of their rights, Visitors are invited to refer to the Privacy Policy.

8. Cookies

The Site uses cookies to enable Visitors to benefit from the services offered by the Site, such as consultation, optimisation of use or personalisation according to the Visitor. To find out more about our policy on cookies, Visitors are invited to read the Site's Cookie Usage Policy.

9. Liability of BNE

General liability

BNE cannot be held liable for

• the quality of the Site, the Site being offered "as is";
• disruption to the use of the Site;
• the impossibility of using the Site;
• breaches of computer security, which may cause damage to the Visitor's computer equipment and data;
• infringement of the Visitor's rights in general;

direct or indirect damage resulting from access to or use of the Site or the information contained therein, whatever its nature.

Liability for information on the Site

BNE may not be held liable for any direct or indirect damage that may result from access to or use of the Site or the information contained therein, whatever its nature.

BNE makes every effort to provide up-to-date information on its Site. All information brought to the attention of persons accessing the Site has been selected on a given date.

The information appearing on the Site reflects an opinion at the time it was produced and not at the time the Site was consulted. It may require updating, which may not have taken place at the time of consultation for technical or other reasons.

BNE cannot be held responsible for any errors or omissions. Any update, new service or new feature that improves or enhances one or more existing information content will be subject to these conditions.

BNE declines all responsibility concerning the appropriateness of decisions and the methods of their execution taken by Internet users solely on the basis of information published on the Site.

10. Obligations of the Visitor

The Visitor undertakes to use the Site and all the information to which they may have access only for purposes that comply with public policy, accepted standards of behaviour and the rights of third parties.

Visitors undertake to provide accurate and up-to-date information, in particular when creating their member Account.

Visitors also undertake not to disrupt the use that other Visitors may make of the Site and not to access parts of the Site to which access is reserved.

11. Intellectual property

The content of the Site, the general structure as well as the software, texts, animated or non-animated images, photographs, its know-how, the "Club!" Loyalty Programme, associated gifts and all other elements making up the Site are the exclusive property of BNE or third parties who have granted it a licence.

These Terms of Use do not imply any assignment of any kind of intellectual property rights to elements belonging to BNE or its assignees such as sounds, photographs, images, literary texts, artistic works, software, trademarks, graphic charters or logos to the Visitor.

In particular, the Visitor is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the services, the pages of the Site and their content, or the computer codes of the elements making up the services and the Site.

Any reproduction and/or representation, in whole or in part, of any of these rights without the express authorisation of BNE is prohibited and would constitute an infringement liable to incur the civil and criminal liability of the infringer.

Consequently, the Visitor undertakes to refrain from any action likely to infringe, directly or indirectly, BNE's intellectual property rights.

The same applies to any databases appearing on the Site, which are protected by the articles of the French Intellectual Property Code.

The distinctive signs of BNE and its partners, such as domain names, brands, names and logos appearing on the Website are protected by the French Intellectual Property Code. Any reproduction in whole or in part of these distinctive signs made from elements of the Site without the express authorisation of BNE is therefore prohibited under the French Intellectual Property Code.

This Site may only be used in accordance with its intended purpose.

Any other use not expressly authorised in writing and in advance by BNE is prohibited and constitutes an infringement.

12. Reservation of rights relating to text and data mining

In accordance with Article 4 of Directive (EU) 2019/790, BNE expressly reserves all rights concerning the use of this website for text and data mining. This reservation applies in accordance with the individual implementing acts of the European Union and the Member States of the European Economic Area.

Any use of the content of the Website for the development, training, programming, improvement and/or enhancement of artificial intelligence systems (including, but not limited to, generative AI systems) that may generate content directly or indirectly, whether protected by copyright or not, is strictly prohibited without prior authorisation.

To request a user licence, please contact us at the following address: licence@namcobandai.eu.

13. Non-waiver

BNE and the Visitor mutually agree that the fact that one of them tolerates a situation does not have the effect of granting the other acquired rights.

Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

14. Titles

In the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the top of the clauses and any of the clauses, the titles will be declared non-existent.

15. Severability

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

16. Entry into force - Term

These terms of use come into force on the date they are put online and will be enforceable from the date on which the Visitor first uses the Site.

These terms of use apply throughout the period of use of the Site and until they are replaced by new general terms and conditions of browsing.