Official Website | Bandai Namco Entertainment Inc.

Welcome to Bandai Namco Entertainment America!

The following terms of service (the “Terms of Service”) govern Your access to and use of Online Services (as defined below), to the extent operated by Bandai Namco Entertainment America Inc. (“BNEA”) and form a legally-binding agreement between You and BNEA, as set forth below.

IF THIS DOCUMENT HAS BEEN PRESENTED TO YOU IN A LANGUAGE OTHER THAN ENGLISH, PLEASE NOTE THAT ANY DISAGREEMENT OR INCONSISTENCY BETWEEN THE TERMS OF THE ENGLISH LANGUAGE VERSION AND THE VERSION PRESENTED TO YOU SHALL BE RESOLVED IN FAVOR OF THE ENGLISH LANGUAGE VERSION, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

DEFINITIONS, SCOPE OF SERVICES, ACCEPTANCE, & UPDATES TO TERMS OF SERVICE.
1. Definitions. Throughout this Terms of Service, certain capitalized words and phrases have been given specific definitions, which can be identified wherever those words or phrases first appear in quotes. For example, for the purposes of this Terms of Service, “You” refers to any individual, natural person that has lawfully accessed and used the Online Services.
2. Scope of Services. These Terms of Service set out the terms and conditions under which You may access and/or utilize the website accessible at www.bandainamcoent.com, any other BNEA-operated website where these Terms of Service are displayed, any Community Events provided through such Website (as defined below), and any BNEA-operated forum or other service provided through such website(s), (collectively, the “Online Services”). BNEA reserves the right to refuse offering the Online Services to any individual, to the fullest extent permitted by applicable law.
3. Effective Date & Updates to Terms of Service. If, at any time, on or after the Effective Date first set forth above (the “Effective Date”), You access the Online Services and were presented with these Terms of Service, You and BNEA are legally bound by the terms of these Terms of Service until either: (i) these Terms of Service are terminated by You or by BNEA, as permitted herein; or (ii) these Terms of Service are superseded by an updated terms of service applicable to the Online Services that were presented to, and accepted by You after the Effective Date. BNEA reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service or any element of the Online Services. Any revisions to Terms of Service affecting existing Online Services shall be effective thirty (30) days after posting, and terms of service for additional services (i.e., those not covered by these Terms of Service) are effective immediately upon posting at: https://www.bandainamcoent.com/legal/terms, which You hereby agree to periodically visit and check, for any changes, updates, or additions to these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS.
1. Intellectual Property Rights in the Online Services. The Online Services are licensed for use only under these Terms of Service, unless superseded, as described in Subsection 1.c above, or by a separate written license agreement, executed by an authorized representative of BNEA, in which case the terms of that separate BNEA license agreement will control over these Terms of Service. Except for the rights granted under the License set forth in Subsection 2.c, all intellectual property rights in and to the Online Services and all title and interest therein, are owned exclusively by BNEA and/or its licensors and are protected by domestic and foreign copyright laws and international treaties. Except as required by applicable law, the License granted to You by BNEA does not convey to You, nor authorize You to earn or acquire any interest, monetary or otherwise, in any Online Service(s) or any element, feature, or Online Service Content therein. As between You and BNEA, BNEA reserves all rights in and to the Online Services that are not expressly granted to You through these Terms of Service.
2. Preconditions of License. The License set forth in Subsection 2.c, below, is specifically conditioned upon the following and Your full compliance with all other terms and conditions set forth in these Terms of Service:
  1. You have reached the age of majority in Your jurisdiction. If You are under the age of majority in Your jurisdiction, Your legal representative (e.g., a parent or a person who has legal parental authority over You) must agree on Your behalf to comply, and take full responsibility for Your compliance, with these Terms of Service prior to Your use of the Online Services;
  2. You agree to and comply with all of the terms in these Terms of Service, and any additional terms as may be applicable to the Online Services, Your acceptance of which is evidenced by Your access to and use of the Online Services;
  3. You agree not to access or otherwise use the Online Services in any way except on a device owned or controlled exclusively by You, running a validly-licensed copy of the operating system with which the Online Services are designed to operate; and
  4. You have fully complied with all security measures necessary for You to make full use of the Online Services, which may require registration of an Online Services account and access to the Internet, and/or the acceptance of certain security/digital rights management features. Your failure or inability to fully comply with such security measures may impair or prevent You from accessing or making use of the Online Services.
3. Limited Use License. Subject to Your strict compliance with the terms of these Terms of Service, BNEA grants You a non-exclusive, non-transferable, revocable, limited right and license to access and use the Online Services, solely for Your own personal use (the “License”). Any commercial use of the Online Services by You is strictly prohibited. You are responsible for paying all fees, taxes, and other costs You may incur to access and use the Online Services, including costs for obtaining or maintaining Your Internet service, and any other third party products or Third Party Services required to access any of the Online Services. Neither these Terms of Service, nor Your access to or use of the Online Services, entitles You to such Internet service, such other third party products or third party services, or similar or ancillary products or services. You hereby expressly acknowledge that You do not have and will not acquire any interest, monetary or otherwise, in any Online Service or any Online Service Content, as defined below.
CODE OF CONDUCT, ONLINE COMMUNICATIONS, USER-GENERATED CONTENT & COMMUNITY EVENTS.
1. Code of Conduct. You are solely responsible for Your behavior when accessing or using the Online Services, in any way. Any violation of the “Code of Conduct” set forth in this Section 3.a may result in suspension or termination of Your Online Services account and/or Your access to the Online Services and any other action BNEA deems necessary to enforce this Code of Conduct. The License granted to You in Subsection 2.c is strictly conditioned upon Your strict compliance with the terms of these Terms of Service, including Your forbearance, whenever You access the Online Services, from:
  1. Harassing, threatening, stalking, coercing, embarrassing, or doing anything else to another user of the Online Services that is unwanted, including by making personal attacks or statements about race, ethnicity, heritage, sexual orientation, religion, or disability, or using offensive or defamatory usernames or personas;
  2. Impersonating any person or entity, including celebrities, government officials, BNEA officials, forum leaders, guides, hosts, employees, or agents, or otherwise misrepresenting Your affiliation with any person or entity;
  3. Accessing the Online Services using any technology intended to mask or conceal Your IP address, including any proxies, virtual private networks, or remote access services;
  4. Transmitting or facilitating distribution of “hate speech” or any other content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by BNEA, in its sole discretion;
  5. Promoting or encouraging any illegal activity, including hacking, cracking, or distribution of counterfeit software;
  6. Uploading files that contain a virus, worm, spyware, time bombs, corrupted data, or other computer programs that may damage, interfere with or disrupt the Online Services;
  7. Disclosing Your own or other users’ personal information to third parties or attempting to get a password, Online Services account information, or other private information from any other user of the Online Services;
  8. Impeding or disrupting the Online Services or use of vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods in an attempt to disturb other users of the Online Services;
  9. Violating any applicable laws or regulations including, but not limited to, by posting, transmitting, promoting, or distributing content without all necessary permissions;
  10. Doing anything that interferes with the ability of other users to enjoy an Online Service or that materially increases the expense or difficulty of BNEA to maintain an Online Service for the enjoyment of all users;
  11. Allowing any third party to access the Online Services through any Online Services account created by You;
  12. Violating any other terms or policies communicated by BNEA, from time to time.
  13. Posting messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities;
  14. Improperly using support or complaint buttons or making false reports to BNEA customer support;
  15. Modifying any part of the Online Services without BNEA’s express written authorization to do so;
  16. Attempting to interfere with, hack into, decrypt, or decipher any transmissions to or from any server supporting the Online Services; or
  17. Attempting to sell, buy, trade or otherwise transfer Your Online Services account or any personal access to the Online Services, the Game, or any portion thereof, including through the use of third party “auction” websites.
2. Reporting Code of Conduct Violations. If You encounter another user who is violating any provision of the Code of Conduct set forth in Subsection 3.a, through a specific Service, please report this activity to BNEA using the “Help” or “Report Abuse” functions available through such Service.
3. Online Communications. Certain Online Services may enable You to communicate with other users of such Online Services. You acknowledge and agree that such communications shall be subject to these Terms of Service, and that BNEA does not screen content of postings or communications through the Online Services before such content is shown to You. BNEA does not assume any liability for User-Generated Content, including for any failure to remove, or any delay in removing User-Generated Content. BNEA expressly disclaims any expectation of privacy with respect to any User-Generated Content You may create or contribute through the Online Services, including through any forum posting or online chats, and reserves the right to review all such User-Generated Content whenever BNEA reasonably suspects a violation of this Section, or any other provision of these Terms of Service may have occurred. BNEA may, but is not obligated to store all such User-Generated Content for a period of no fewer than ninety (90) days. Without limiting any of its other rights and remedies under these Terms of Service or applicable law, if BNEA objects to any User-Generated Content for any reason, BNEA, in its sole discretion may: (i) remove the User-Generated Content; (ii) give warnings to responsible users; and/or (iii) restrict, suspend, or terminate access to and use of the Online Services without prior notice. You agree that You are and will be, at all times, personally responsible for Your access to and use of the Online Services, and for all of Your communication and activity in connection with the Online Services, including any User-Generated Content.
4. User-Generated Content. The Online Services may enable You to create, upload, publicly distribute, or otherwise take attribution for certain forms of creative content (“User-Generated Content”) through such Online Services. BNEA may, without prior notice to You and in its sole discretion, remove User Generated Content that violate any term or provision of these Terms of Service. With respect to any such User-Generated Content created, uploaded, or otherwise attributable to You:
  1. You hereby grant BNEA and its licensors a perpetual, irrevocable, royalty-free, fully-transferable, and sub-licensable right and license to use such User-Generated Content in any way, throughout the world, for any purpose, including copying, adapting, modifying, creating derivative works from, publicly performing, displaying, publishing, broadcasting, transmitting, distributing, and otherwise exploiting such User-Generated Content, by any and all means and media, whether now known or hereafter devised, for the entire duration of any intellectual property rights You hold, in whole or in part, in such User-Generated Content, without any further notice or compensation of any kind to You (the “UGC License”), provided that such UGC License is granted on a non-exclusive basis (unless subject to Subpart 3.e.iv, below);
  2. To the extent permitted by applicable law, You hereby waive any moral rights of attribution, publication, reputation, or paternity, with respect to any use or enjoyment of such User-Generated Content, by BNEA, its licensors, and any other users of the Online Services, for the entire duration of such rights under applicable law (the “UGC Waiver”); and
  3. You agree that You shall not, and shall not allow any third party to create, upload, or otherwise attribute to You any User-Generated Content in which any third party holds any intellectual property rights.
5. User-Generated Content Incorporating Online Service Content. Unless otherwise expressly authorized by BNEA in writing (including through notifications and/or the rules or terms of certain Community Events), by incorporating or utilizing in any User-Generated Content any imagery, video, audio, or other creative elements from an Online Service (collectively, “Online Service Content”), You acknowledge and agree that:
  1. Doing so is prohibited by, and violates the terms of these Terms of Service;
  2. BNEA and its licensors reserve the right to enforce any intellectual property rights BNEA and/or its licensors hold in or to any Game Content incorporated in such User-Generated Content;
  3. Any delay or failure by BNEA or its licensors to remove or demand the removal of such User-Generated Content shall not constitute a waiver of any right to remove or demand the removal of such User-Generated Content;
  4. All such User-Generated Content shall be subject to the UGC Waiver set forth above, and the UGC License, but granted solely to BNEA, on an exclusive basis; and
  5. Upon request by BNEA, at Your own expense, You shall take all reasonable steps to ensure that all copies of such User-Generated Content within Your possession, custody, or control are securely destroyed or deleted, including all copies uploaded to or stored on or accessible through any third party services.
6. Unsolicited Submissions. BNEA does not accept unsolicited submissions, including any game, product or service ideas, artwork, characters, stories, or concepts (collectively, “Submissions”). Please do not send any such Submissions to BNEA, or to any representative thereof, unless specifically requested by BNEA, in writing, in advance. By sending such Submissions to BNEA or its representatives, You acknowledge and agree that BNEA may, in its sole discretion, use or disclose such Submissions without any obligation to You, including with regard to confidentiality or payment obligations.
7. Community Events. The Online Services may enable You to participate in certain community events, such as tournaments, sweepstakes, contests, and giveaways (collectively, “Community Events”), provided, however, that Your eligibility, entry, competition, and participation in any such Community Event will be strictly subject to any terms, conditions, or rules applicable to such Community Event, as available and posted, from to time, at: https://www.bandainamcoent.com/legal/community-events/
ACCOUNT ACCESS, SUSPENSION & TERMINATION OF SERVICES & ACCOUNTS. These Terms of Service are effective and legally-binding upon You and BNEA, as set forth in Subsection 1.c, and will remain in effect until terminated by You or BNEA as set forth below.
1. Account Access. An Online Services account may be required to access and use certain Services. To create an Online Services account, You must satisfy all preconditions of these Terms of Service, as set forth in Subsection 2.b, have a valid email address, and provide truthful and accurate information in creating such Online Services account. You must be eligible to use the Service for which You are registering. Some Online Services may require creation of a “user name” or a “persona,” which may be linked to any Online Services account You create. You are solely responsible for all activity on Your Online Services account. Your Online Services account may be terminated if someone else uses it to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You should not reveal Your Online Services account password to others. BNEA will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.
2. Voluntary Termination by You. You have the right to cancel Your Online Services account, Your access to the Online Services, and these Terms of Service, as applicable to You, at any time, by contacting BNEA’s customer support at: https://www.bandainamcoent.com/support, provided that, following permanent deletion of Your Online Services account(s), You refrain from resuming access to or use of the Online Services. BNEA reserves the right to collect fees, surcharges, or costs incurred before You cancel Your Online Services account or a subscription to an Online Service, as applicable. You are also responsible for any amounts owed to third parties or content providers before Your cancellation. Any delinquent or unpaid fees and other unresolved issues with Online Services must be settled before You establish a new Online Services account.
3. Suspension by BNEA. Except as otherwise prohibited by applicable law, if You fail to comply with any provision of these Terms of Service, BNEA may issue a warning to You, or limit or temporarily suspend Your access to and use of the Online Services for up to thirty (30) days, without prior notice. If You believe that any action has been taken against You in error, please contact BNEA 's Customer Service Department at https://www.bandainamcoent.com/support.
4. Termination by BNEA. BNEA may terminate these Terms of Service, as applicable to You, all Online Services accounts You’ve created for accessing the Online Services and the License granted hereunder, if You fail to cure any violation of these Terms of Service within thirty (30) days’ of being given notice of such violation. If You are a repeat violator of provisions of these Terms of Service, BNEA expressly reserves the right to terminate these Terms of Service, as applicable to You, including Your access to any Online Services account You’ve created for accessing the Service, without prior notice to You. If BNEA limits, suspends, or terminates Your access to the Online Services or these Terms of Service, as applicable to You, BNEA may take such action(s) with respect to each and every Online Services account You have created for accessing the Online Services (i.e., not only with respect to the Online Services account associated with any violation), and may cause You to lose any user name(s) or persona(s) associated with such Online Services accounts. Except as otherwise prohibited by applicable law, if BNEA terminates these Terms of Service, as applicable to You, Your rights to access and use the Online Services, user data, points, and any other information of any kind related to the Online Services, will terminate immediately, You must cease all use of the Online Services, and You may not resume participating in any Service offered by BNEA without BNEA's express written permission. Except as required by applicable law, no refund will be issued to You following termination of these Terms of Service, as applicable to You.
PRIVACY. BNEA respects Your privacy rights. Any personal information provided by You to BNEA, or collected from You through the Online Services, will be subject to the applicable BNEA privacy policy made available to You: https://bandainamcoent.com/legal/privacy.
THIRD PARTY SERVICES & LINKS TO THIRD PARTY SITES.
1. Third Party Services. For Your convenience, the Online Services may enable integration with and access to certain services operated by a third party (“Third Party Services”), as set forth in any Addendum attached hereto. To the fullest extent permitted by applicable law, Your use of the Online Services constitutes Your acknowledgement that: (i) Accessing such Third Party Services may require the purchase of additional third party products, Internet access, and/or entering into a separate paid license agreement with the provider of such Third Party Services; (ii) BNEA is not affiliated with, does not endorse, and has no authority to exercise direct control over the providers of such Third Party Services; (iii) BNEA is not responsible for examining or evaluating and expressly disclaims all representations and warranties regarding the accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect of such Third Party services, or the privacy practices of the providers of such Third Party Services; (iv) any use of such Third Party Services is at Your sole risk and liability, including compliance with any terms, conditions or laws applicable to such Third Party Services; (v) any costs incurred by accessing such Third Party Services, shall be borne solely by You; and (vi) except as otherwise expressly set forth in these Terms of Service, BNEA is not and will not be liable for any failure or loss of access to or use of such Third Party Services, even if caused by BNEA’s termination of the License granted to You under these Terms of Service, these Services or the Game’s integration with Third Party Services. Notwithstanding the foregoing, BNEA reserves the right to change, suspend, remove, or disable any integration between the Online Services or the Game and such Third Party Services, at any time, without prior notice to You.
2. Links to Third Party Sites. The Online Services may include hyperlinks to websites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from You. BNEA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Any access to or use of such third party sites is solely at Your own risk and liability.
DMCA COPYRIGHT INFORMATION.
1. DMCA Infringement Notification Procedure. If You are a copyright owner or an agent thereof and believe that any posting or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting BNEA’s Copyright Agent by email at copyright@bandainamcoent.com or at the following address: 23 Odyssey, Irvine, CA 92618, USA. You acknowledge that if You fail to comply with all of the requirements of Subsection 7.b, Your DMCA notice may not be valid.
2. DMCA Infringement Notification Content. Your notification to BNEA’s Copyright Agent must be made in writing and contain the following information (see 17 U.S.C 512(c)(3) for further detail):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and email address;
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. DMCA Counter-Notification Procedure. If You have had a posting removed under the above take-down procedure, and You believe that the posting is not infringing, You may send to BNEA's Copyright Agent a counter-notification containing the information described in Subsection 7.d, below. If a counter-notice is received by BNEA's Copyright Agent, BNEA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BNEA's sole discretion.
4. DMCA Counter-Notification Content. Your counter-notification to BNEA’s Copyright Agent must be made in writing and contain the following information:
  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that You consent the jurisdiction of the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
EXPORT COMPLIANCE. Software may be subject to United States export controls, and export controls of other jurisdictions. By accepting these Terms of Service, You warrant that You are not located in any country, or exporting Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed the Game, the Online Services, or any element thereof. You further agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Game Content restricted under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any necessary government authorization. You further agree not to upload to the Online Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
LIMITATION OF LIABILITY AND DAMAGES & DISCLAIMER OF WARRANTIES.
1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNEA, ITS SUPPLIERS, ITS LICENSORS, OR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS THEREOF, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR ANY CLAIM FOR ARISING FROM OR RELATING TO YOUR POSSESSION OF, ACCESS TO, USE OF, OR INABILITY TO USE THE ONLINE SERVICES, OR THE FAILURE TO PROVIDE SUPPORT SERVICES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM ARISING FROM BREACH OF CONTRACT, NEGLIGENCE (OTHER THAN GROSS NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, OR PRODUCT LIABILITY.
2. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY AVAILABLE TO YOU FROM BNEA, ITS SUPPLIERS, ITS LICENSORS, AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS THEREOF, FOR ANY AND ALL DAMAGES ARISING FROM OR RELATING TO THE ONLINE SERVICES OR THESE TERMS OF SERVICE SHALL BE LIMITED TO THE LESSER OF EITHER: (i) THE TOTAL AMOUNT PAID BY YOU TO BNEA THROUGH YOUR USE OF THE ONLINE SERVICES (AND NOT REFUNDED OR CHARGED BACK); OR (ii) ONE HUNDRED U.S. DOLLARS AND ZERO CENTS (US$100.00).
3. Disclaimer of Warranties. BNEA AND ITS SUPPLIERS AND LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE ONLINE SERVICES WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNEA AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY: (i) VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE ONLINE SERVICES; (ii) INCOMPATIBILITY BETWEEN THE ONLINE SERVICES AND ANY OTHER PRODUCTS OR SERVICES; (iii) DELAYS OR FAILURES IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ONLINE SERVICES IN AN ACCURATE OR TIMELY MANNER; OR (iv) OTHER DISRUPTIONS OF YOUR ENJOYMENT AND USE OF THE ONLINE SERVICES BEYOND BNEA’S REASONABLE CONTROL. THE ONLINE SERVICES AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, BNEA AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4. Jurisdictional Restrictions on Limitations of Liability and Damages. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE LOCAL LAW RESTRICTS OF PROHIBITS LIMITATIONS OF LIABILITY OR DAMAGES IN ANY MANNER THAT IS INCONSISTENT WITH SUBSECTION 9.a or 9.b (INCLUDING FOR DEATH OR PERSONAL INJURY CAUSED BY BNEA’S NEGLIGENCE, ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY BNEA TO YOU, AND ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED OR LIMITED), THE LIMITATIONS SET FORTH IN SUBSECTION 9.a or 9.b, ABOVE, SHALL BE DEEMED MODIFIED AS NECESSARY TO COMPLY WITH SUCH LOCAL LAWS.
DISPUTE RESOLUTION (NON-U.S. RESIDENTS ONLY). If You are a resident of any nation other than the United States of America, either You or BNEA may refer any dispute relating to or arising from these Terms of Service or the Online Services to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. Notwithstanding the foregoing, these Terms of Service will not prevent You from bringing any dispute or claim that may be subject to this Section 10: (a) to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from BNEA on Your behalf; (b) bringing against BNEA, in any court of competent jurisdiction, any claim that is not arbitrable or for which arbitration is prohibited or restricted by applicable law; or (c) from bringing any claim before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
DISPUTE RESOLUTION (U.S. RESIDENTS ONLY). If You are a resident of the United States of America, by accepting the terms of these Terms of Service, You and BNEA: (a) agree to resolve certain disputes through mandatory binding arbitration, as set forth in Subsection 11.a, and each subpart thereof (collectively, the “Arbitration Agreement”); and (b) expressly waive the right to a trial by jury or to participate in any class action brought against the other party, pursuant to Subsection 11.b (the “Class Action Waiver”); unless (b) You exercise Your right to opt out of the Arbitration Agreement and/or the Class Action Waiver, as set forth in Subsection 11.c.
1. MANDATORY, BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BNEA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SUBPART 11.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BNEA, ANY TERM OR PROVISION OF THESE TERMS OF SERVICE, OR YOUR ACCESS TO OR USE OF THE ONLINE SERVICES (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iii) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THESE TERMS OF SERVICE. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 11.c), YOU AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.
  1. Pre-Arbitration Informal Dispute Resolution. Prior to initiating arbitration of any Claim subject to this Arbitration Agreement, You and BNEA agree to make reasonable, good faith efforts to informally resolve any dispute or Claim between You and BNEA. The party seeking to raise such dispute or Claim shall send to the other party a written notice describing the nature and basis of such dispute or Claim and identifying the relief sought. All such written notices to BNEA must be sent via first class mail to: Bandai Namco Entertainment America Inc., Attn: Legal, 23 Odyssey, Irvine, CA 92618, USA. If You and BNEA do not agree to resolve such dispute or Claim within 30 days after such written notice is received, the party seeking to raise such dispute or Claim may initiate an arbitration action against the other, as permitted by the Arbitration Agreement, above.
  2. Arbitration Procedure. Arbitration is a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to limited review by courts. The procedure for arbitration of any Claim under this Arbitration Agreement will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org. Notwithstanding the foregoing, You and BNEA agree that any such arbitration will be conducted in English, and permit the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location.
  3. Excluded Claims. Notwithstanding the foregoing, the terms of this Arbitration Agreement will not prevent You or BNEA from bringing any Claim: (a) to the attention of any federal, state, or local government agencies with the governmental authority and competent jurisdiction to seek relief on Your or BNEA’s behalf, from the other party; or (b) before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
  4. Severability of Arbitration Agreement. You and BNEA agree that, no provision of this Arbitration Agreement shall be enforceable against You or BNEA and all Claims shall be governed by Section 12, below, in the event either: (a) a court of competent jurisdiction conclusively determines that any term or provision of this Arbitration Agreement is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (b) You submit a proper Opt Out Notice (in compliance with Subsection 11.c), wherein You have expressed Your election to opt out of this Arbitration Agreement.
2. CLASS ACTION WAIVER. YOU AND BNEA HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND BNEA, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 11.a.iii) AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE ARBITRATOR (OR COURT, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 11.a.iii) MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 11.a.iii), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED IN SUBSECTION 11.c), YOU AND BNEA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  1. Severability of Class Action Waiver. You and BNEA agree that, no provision of this Class Action Waiver shall be enforceable against You or BNEA and all Claims shall be governed by Section 12, below, in the event either: (a) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (b) You submit a proper Opt Out Notice (in compliance with Subsection 11.c), wherein You have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by You or BNEA to participate in a class action or class arbitration.
3. OPT OUT PROCEDURE. You have the right to opt out and not be bound by the foregoing Arbitration Agreement and Class Action Waiver, by sending a written notice of Your election to opt out from such Arbitration Agreement and/or Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of Subparts 11.c.i – 11.c.iii:
  1. Form & Address. Your Opt Out Notice must be sent to the following address: Bandai Namco Entertainment America Inc., Attn: Legal, 23 Odyssey, Irvine, CA 92618, USA, and either by: (a) first class mail, postage prepaid, certified and return receipt requested; or (b) overnight courier service (such as Federal Express).
  2. Time Limitations. Unless a longer period is required by applicable law, Your Opt Out Notice must be postmarked (if sent by first class mail) or deposited (if sent by overnight courier service) within thirty (30) days of Your initial access to the Online Services.
  3. Required Information. Your Opt Out Notice must include: (a) the title of the specific Services to which Your Opt Out Notice is intended to apply; (b) Your first and last name; (c) Your address; (d) Your phone number; (e) Your email address; (f) if You are a registered user of the Online Services or any other BNEA product or service, each of Your usernames for the Online Services and such other BNEA products and services; and (g) a statement that You do not agree to the Arbitration Agreement and/or to the Class Action Waiver. BNEA may use the foregoing information included in the Opt Out Notice to record, process, maintain, and administer Your opting out of the Arbitration Agreement and/or Class Action Waiver, as applicable, but not for marketing purposes.
  4. Effects of Proper Opt Out Notice. If Your Opt Out Notice meets all of the above requirements, You and BNEA will be deemed to have opted out of the Arbitration Agreement and/or Class Action Waiver, subject to Your statement in such Opt Out Notice, with respect to these Terms of Service. Submission of a valid Opt Out Notice applies only to Claims arising from or relating to the Online Services and the Terms of Service identified therein, as between BNEA and the individual identified in such Opt Out Notice.
  5. Effects of Improper Opt Out Notice. If You submit an Opt Out Notice that fails to meet any of the requirements set forth in Subparts 11.c.i – 11.c.iii, You and BNEA will be bound by the Arbitration Agreement and Class Action Waiver set forth in these Terms of Service.
GOVERNING LAW & VENUE. To the extent required by applicable law, all terms and provisions of these Terms of Service shall be governed and construed in accordance with all applicable mandatory laws, even if inconsistent with the governing law set forth in the following subsections of this Section 12:
1. If You reside in the European Union: (i) the laws of Your country of residence govern these Terms of Service and Your use of the Online Services; and (ii) You expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and/or Your use of the Online Services shall be the Courts of Your country of residence, and You expressly consent to the exercise of personal jurisdiction of such courts.
2. If You reside in the Republic of Korea: (i) the laws of the Republic of Korea, excluding its conflicts-of-law rules, govern these Terms of Service and Your use of the Online Services; and (ii) You expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and/or Your use of the Online Services shall be the Courts of Korea, and You expressly consent to the exercise of personal jurisdiction of such courts.
3. For all other users: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern these Terms of Service and/or Your use of the Online Services; and (ii) You expressly agree that for claims and disputes not subject to the Arbitration Agreement in Subsection 11.a, above, exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and/or Your use of the Online Services shall be the federal or state courts that govern Los Angeles County, California, and You expressly consent to the exercise of personal jurisdiction of such courts. 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 (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of these Terms of Service.
4. In no event shall the application, interpretation, or enforcement of the terms of these Terms of Service, under any jurisdictional law contemplated by any subsection of Section 12 exclude, limit, or otherwise restrict any rights vested with You, as a consumer, under any applicable consumer protection law(s).
GENERAL TERMS.
1. Miscellaneous. If a court of competent jurisdiction conclusively determines that any term or provision of these Terms of Service is unenforceable, prohibited by applicable law, or inapplicable, such provision shall be struck and the remaining provisions will remain in effect and be enforced as if such unenforceable, prohibited, or invalid provision were not contained in these Terms of Service. BNEA’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. To the extent permitted by applicable law, You may not assign or transfer these Terms of Service or Your rights granted to You under these Terms of Service and, unless otherwise prohibited, any attempt to the contrary is void ab initio. These Terms of Service, sets forth the entire understanding and agreement between BNEA and You with respect to Your access to and use of the Online Services, in any way. These Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than You and BNEA.
2. Special Notice to California Residents. Pursuant to Cal. Civil Code § 1789.3, residents of California are entitled to the following specific consumer rights notice:
  1. The Online Services offered under these Terms of Service are provided by Bandai Namco Entertainment America Inc., who can be contacted in writing at: 23 Odyssey, Irvine, CA 92618, USA.
  2. Any charges imposed upon You for Your use of the Online Services hereunder will be disclosed to You in writing at the time such charges are incurred.
  3. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at: Dept. of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Any revisions to Terms of Service affecting existing Services shall be effective thirty (30) days after posting, except that any revisions applicable to additional services (i.e., those not covered by these Terms of Service) are effective immediately upon posting at the following URL: https://www.bandainamcoent.com/legal. Please visit bookmark and visit the foregoing URL regularly for updates to these Terms of Service.

ADDENDUM

Third Party Services, include, but are not limited to:

YouTube API: The Online Services use the YouTube API Services. By using the Online Services, You also agree to be bound by the YouTube Terms of Service, available at: https://www.youtube.com/t/terms.