TABLE OF CONTENTS
1 Acceptance of Terms
3 Termination of services and closing of accounts
5 Availability of Content and Services
6 Users and Website functionality
7 Intellectual property rights
8 Code of Conduct
9 Services not controlled by BNEE
10 Software, utilities and tools
11 Updates to Services
12 Limitations of warranty and liability
14 Links to third-party sites
15 General provisions
Acceptance of Terms
2.2 Age criteria. To create an account, you must be at least 13 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. 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.
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.
3.4 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.
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). If you believe the action taken on your account or device was in error, please contact BNEE Customer Support at https://en.bandainamcoent.eu/support or at the address mentioned in section 15.6.
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.
4.1 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.
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 15.6.
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.
Users and Website functionality
6.1 Principles of the Bandai Namco loyalty programme
The loyalty programme offered on Bandai Namco's Website allows registered users to earn points by registering games or by purchasing products.
When a User has enough points, they can be redeemed for a corresponding gift. The "Gift-Points Table" is available in the Bandai Namco loyalty programme. It is defined at BNEE's sole discretion and BNEE reserves the right to change the format and terms at any time.
6.2 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.
6.3 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.
6.4 "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 when using this feature.
6.5 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.
6.6 Contests organised by BNEE on the Website
Contests organised by BNEE on BNEE's Website are subject to the specific rules of each contest, which can be viewed on the contest page.
6.7 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.
Intellectual property rights
7.1 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.
7.2 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.
7.4 Unauthorised reproduction of all or part of the Content and/or Services 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.
Code of Conduct
8.1 The following provisions constitute the Code of Conduct that you must respect to use the Services. Any breach of this Code of Conduct may result in suspension or termination of your account and access to Services. BNEE reserves the right to take any action it deems necessary to enforce this Code of Conduct.
8.2 By using the Services or accessing Content, you must not:
- Publish, send, promote or distribute illegal content.
- Harass, threaten, make life difficult for or do anything disrespectful to a third party or another User, such as spam repeatedly, launch personal attacks or make disparaging remarks about ethnic origin, sexual orientation, religion, culture, etc.
- Send or facilitate the spread of hurtful, offensive, hateful or unkind Content of a racial, religious, ethnic, vulgar, obscene, defamatory or illegal nature, or that invades the privacy or personality rights and/or of displaced persons from a reasonable person's view.
- Use pseudonyms and/or offensive, aggressive or defamatory avatars.
- Interrupt discussions in forums with vulgar or offensive comments, by pressing the Enter key repeatedly, by inserting large images so the screen scrolls too fast to read, by excessive use of capital letters to annoy other Users, or to indulge in "spamming" or "flooding" (repeatedly sending text).
- Impersonate anyone (including a celebrity), mislead others that you are an employee or representative of 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.
8.4 If 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.
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.
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.
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.
Limitations of warranty and liability
12.1 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.
12.2 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.
12.3 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.
Links to third-party sites
15.6 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 https://en.bandainamcoent.eu/support, 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.