Welcome to Bandai Namco Entertainment!
TABLE OF CONTENTS
- Acceptance of Terms
- Terms of access and security of the Website
- Intellectual property rights
- Code of Conduct
- Services not controlled by BNEE
- Software, utilities and tools
- Updates to Services
- Limitations of warranty and liability
- Links to third-party sites
- Data Protection
- General provisions
Acceptance of Terms
Terms of access and security of Website
2.1 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 , BNE Asia makes its best efforts to enable access and use of the Website and the Services in accordance with the rules of the art. BNE Asia 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. BNE Asia shall not be responsible for the proper functioning of your IT device and your internet access.
BNE Asia reserves the right to enhance or modify the Website or the Services at any time according to technological developments.
You must ensure that your and transmission means are capable of following the technological developments of the Website.
BNE Asia acknowledges that all personal data are subject to compliance with the legal framework applicable to the security of personal data.
BNE Asia undertakes to take the necessary measures to ensure the security of the processing of personal data in compliance with data protection regulations.
Intellectual property rights
3.3 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 BNE Asia 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.
3.4 Unauthorised reproduction of all or part of the Content is prohibited and could constitute in particular an infringement punished by provisions of the Intellectual Property Code, and may lead to legal action. Similarly, you run the risk of facing criminal or civil action from BNE Asia, for violation of intellectual property rights. You agree to defend and hold BNE Asia harmless for any unauthorised or illegal conduct by yourself or through your Account regarding use of Services and/or Content.
Code of Conduct
4.1 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 access to Services. BNE Asia reserves the right to take any action it deems necessary to enforce this Code of Conduct.
4.2 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.
- Impersonate anyone (including a celebrity), mislead others that you are an employee or representative of BNE Asia, try to deceive Users by claiming to represent BNE Asia or a company partnering or affiliated with BNE Asia.
- Promote or encourage any activity related to piracy, cracking or distribution of counterfeit software.
- 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 BNE Asia Software on or through a Service that is not controlled nor authorised by BNE Asia. By using BNE Asia Software is such a way, you do so at your own risk and you may be subject to additional or different terms. BNE Asia accepts no liability for any use of BNE Asia Software on or through a Service that is not controlled by BNE Asia.
- Obstruct other Users in their use of a Service.
- 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.
Services not controlled by BNE Asia
Certain products may allow you to use BNE Asia Software on or through a Service that is not controlled by BNE Asia. For example, you may be able to play with BNEE Software online on servers that BNE Asia does not own or does not control. BNE Asia accepts no liability regarding your use of BNE Asia 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 BNE Asia 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 BNE Asia or its licensors (the “BNE Asia Software”) on to your computer, entertainment system or device. You acknowledge that some updates and changes may be necessary to continue to use BNE Asia Software and Services. BNE Asia grants you a limited and non-exclusive licence allowing you to use BNE Asia Software for the sole purposes intended by BNE Asia from the moment it is made available to you. If an End-User Licence Agreement (“EULA”) is provided with BNE Asia Software, your use of the BNE Asia Software is subject to the provisions of this EULA. You are not permitted to sublicense or charge others for access to BNE Asia Software. You are not permitted to translate, reverse engineer or reverse compile, decompile or disassemble BNE Asia Software, nor create derived works from BNE Asia Software. You may not modify BNE Asia Software, nor use it in any way that is not expressly permitted in writing by BNE Asia. You agree that BNE Asia’s use of different technologies may not be consistent across all platforms and that the performance of BNE Asia Software and related Services may vary according to your computer and other hardware.
Updates to Services
IMPORTANT: BNE ASIA MAY FIND IT NECESSARY TO UPDATE OR RESET CERTAIN SETTINGS FOR USE OF THE SERVICES. BNE ASIA RESERVES THE RIGHT TO MAKE THESE UPDATES AND ACCEPTS NO LIABILITY TO YOU FOR THESE CHANGES.
Limitations of warranty and liability
8.1 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 BNE ASIA 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 BNE ASIA SOFTWARE, CONTENT OR SERVICES. BNE ASIA ACCEPTS NO LIABILITY FOR AN INABILITY TO OBTAIN OR USE CONTENT, RIGHTS, PRODUCTS OR SERVICES. BNE ASIA 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.
8.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOUR ONE AND ONLY REMEDY IN CASE OF DISPUTE WITH BNE ASIA OR ITS LICENSORS IS TO CEASE USING THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT BNE ASIA, 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 BNE ASIA SOFTWARE. UNDER NO CIRCUMSTANCES CAN BNE ASIA’S LIABILITY TO YOU, OR THAT OF ITS LICENSORS, ITS AFFILIATED COMPANIES, ITS EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY “BNE ASIA AFFILIATES”), EXCEED THE AMOUNT YOU HAVE PAID BNE ASIA FOR BNE ASIA SERVICES. BNE ASIA, ITS LICENSORS AND BNE ASIA AFFILIATES CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF SERVICES, BNE ASIA 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 BNE ASIA SOFTWARE OR SERVICES. BNE ASIA ACCEPTS NO LIABILITY FOR AN INABILITY TO OBTAIN OR USE CONTENT, RIGHTS, PRODUCTS OR SERVICES.
8.3 FOR THOSE COUNTRIES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF BNE ASIA, ITS LICENSORS AND BNE ASIA AFFILIATES WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BNE ASIA DOES NOT ENDORSE OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH BNE ASIA, 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
11.1 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.
- 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 non-technical information about how you use, browse or view content on our websites (“website usage” or “browsing history”).
11.2 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, reminders or any other type of commercial or administrative notice
- 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
- Quickly process your requests for information
- 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.
11.3 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.
11.4 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.
11.5 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.
12.4 Entire agreement