The following terms and conditions (collectively, the “Terms of Use") govern customers’ access to and use of the various web-based services which may be available to customers who purchase Bandai card products (the "Products") and which enables purchasers of the Products to play online matches in a Virtual Space called “BANDAI CARD GAMEA METAVERSE LOBBY”(the "Services"). These Terms of Use are entered into by and between you and Bandai Co., Ltd. (“Company,” “we” or “us”) and form a legally binding agreement between you and us.
Please carefully review these terms of use before registering for or otherwise using our web-based services by starting to use the services or by clicking to accept the terms of use when this option is available to you, you accept and agree to be bound by these terms of use as of the date you first take such action. If you do not wish to agree to these terms of use, you must not register for or otherwise use our web-based services.
These Terms of Use shall apply to all persons using the Services ("User(s)" or “you”). If you are under 18 years old or the age of minority as defined by the laws of your jurisdiction, you must first review these Terms of Use together with your parent or legal guardian and obtain the consent of your parent or legal guardian before starting to use the Services. Where parental consent or authorization is required under applicable laws and regulations, you have the obligation to provide to us evidence of such consent or authorization, including as required under applicable laws and regulations, the consent or authorization of the holder of parental responsibility for the minor. If you are a parent or legal guardian and do not consent, you must stop your child from using the Services, and if you do not, you are deemed to have consented. If you have consented or authorized your child’s use, these Terms of Use apply to you and you are responsible for your child’s activity on or in connection with the Services.
By using the Services, you represent and warrant that you are either the age of majority or older, or have the consent of a parent or legal guardian to use the Services. If you do not satisfy the foregoing eligibility requirements, you must not access or use the Services.
This Service is intended to provide a virtual space where purchasers of Products are able to play online matches against other purchasers using the Product. Users may be required to agree to other terms and conditions which may be made available to Users from time to time (including, without limitation, Bandai TCG CONNECT Terms of Use) in order to use the Services. You acknowledge and agree that license granted to Users shall be a non-exclusive, non-transferable, non-sublicensable, personal, limited license to use the Services solely in accordance with these Terms of Use during the period in which the Services are provided.
3.1: To use this Service, users must register for a Bandai Namco ID operated by Bandai Namco Entertainment, Inc. Users can log in to this Service using their Bandai Namco ID.
3.2: Your Badai Namco ID is personal to you and not authorized to allow any person or entity to your own Bandai Namco ID. Users are responsible for preventing unauthorized use of your Bandai Namco ID.
3.3: Company considers the user of this Service to be the person associated with the Bandai Namco ID used for this Service. Company shall not be responsible for any damage incurred by you due to unauthorized use by any third party of Bandai Namco ID and password. In the event that you come to knowledge that the Bandai Namco ID or password is being or has been fraudulently used by any third party or otherwise compromised, you shall immediately inform the Company to that effect.
3.4: You may be required to fulfill specific qualification criteria set by Company for using certain Services. In case you don not fulfill such criteria, you are not allowed to use such Services.
4.1: Users shall use this Service at their own risk. In addition, this Service does not guarantee compatibility with all devices and environments.
4.2: Users may use this Service free of charge, provided, however that, Users are responsible for any and all fees for devices and communications required to use this Service.
4.3: Company reserves the right to set, construct, and alter the specifications, rules, design, audio and visual expression and effects, parameters, and any other matters of this Service.
(1) In using the Services, User shall not:
(a) Infringe any intellectual property or proprietary rights associated with the Services or any content associated therewith or infringe any intellectual property or proprietary rights of any third party;
(b) Register false personal information or register for multiple accounts,
(c) Lend or transfer ID or password to any third party or other similar acts,
(d) Advertise or perform any commercial solicitation on the Services;
(e) Discriminate against, harass, harm, hurt, scare, distress, embarrass or upset any third party, promote sexually explicit material;
(f) Disclose any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document;
(g) Violate any applicable law or regulation; (h) Copy the Services or any content, programs or software associated therewith, in whole or in part;
(i) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or any content, programs or software associated therewith;
(j) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any programs or software associated therewith;
(k) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any content associated therewith, including any copies thereof; or
(l) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where they are capable of being accessed by more than one device at any given time.
(2) User additionally agrees not to:
(a) Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
(b) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
(c) Use any external tools in connection with the Services without the Company’s prior written consent;
(d) Use, provide, transmit, support or advertise a program, software or the like, including computer viruses, which is malicious or technologically harmful;
(e) Engage in actions that the Company considers to interfere or are likely to interfere with the operation of the Services;
(f) Use the Services in any way that violates these Terms of Use, other rules separately established by the Company, or any applicable federal, state, local, or international law or regulation;
(g) In connection with the Services, promote any illegal activity, or advocate, promote, or assist any unlawful act;
(h) Engage in any conduct which, as determined by us, may damage the reputation or goodwill of the Products, the Services and/or the Company; or
(i) Otherwise engage in any conduct considered inappropriate by the Company.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or its service providers and are protected by United States and international copyright(including Articles 27 and 28 of Japanese Copyright Law), trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms of Use, or any other rights thereto other than to use the Services in accordance with the limited license granted, and subject to all terms, conditions, and restrictions, in these Terms of Use.
(1) The Company has the right, but not the obligation, to suspend or terminate your access to all or part of the Services at any time without prior notice to you for any violation of these Terms of Use.
(2) The Company further reserves the right to suspend, change, modify or eliminate the Services in whole or in part at any time without prior notice or consent of the User.
(3) The Company may terminate the Services in their entirety by giving thirty (30) days' prior notice to the User.
The company provides the services to user on an “as is” and “as available” basis without any representations or warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of non-infringement, merchantability, or fitness for a particular purpose. The company specifically makes no representation or warranty with respect to the completeness, accuracy, security, reliability, quality, timeliness, or availability of the services or the content associated therewith. Without limiting the foregoing, the company makes no representation or warranty that the services or the content associated therewith will be accurate, reliable, error-free, or uninterrupted, that the user’s data will always be stored correctly, that defects or malfunctions will be corrected, that the services or the server that makes them available are free of viruses or other harmful components, or that the services or any content associated therewith will otherwise meet your needs or expectations.
To the fullest extent permitted by law, in no event (a) will company or its affiliates or their respective licensors or suppliers be liable to user or any third party for any incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation, damages resulting from delay of delivery, from loss of profits, data, business or goodwill, or from business interruption or any other commercial damages or losses, arising out of or related to this terms of use or user’s use or inability to use the services, or any other services, software or materials provided to user, however caused and under any theory of liability, including contract, strict liability, or tort (including negligence), regardless of whether such damages were foreseeable or company has been advised of the possibility of such damages and (b) shall company’s total liability to user under these terms of use for any and all damages exceed the amount of fifty dollars ($50.00).
Your use of the Services is at your own risk, and you shall be fully responsible for your use of the Services and any and all actions arising therefrom. In the event that you cause damage to another User or other third party as a result of using the Services, it is your responsibility to resolve the matter at your own expense, and you agree not to cause any harm against or inconvenience to the Company.
(1) User agrees to defend, indemnify and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any and all third-party claims, suits, actions, or proceedings (in each case including all related liabilities, losses, costs, damages, judgments, awards, expenses, and fees, including reasonable attorneys’ fees) arising out of or relating to: (i) User’s breach of these Terms of Use; (ii) User’s use of the Services; or (iii) User’s distribution or use of any materials or information related to the Services, including any alleged infringement or misappropriation of any third party’s intellectual property rights.
(2) Company shall have the right to participate, at Company’s expense, in its defense with counsel of its choosing. In no event will User enter into any settlement or like agreement with any third party that affects Company’s or its affiliates’ rights or binds Company or its affiliates in any way without Company’s prior written consent.
The Company reserves the right, in its sole discretion, to modify or change these Terms of Use from time to time. In such a case, the Company shall notify Users via any appropriate means (such as posting on the website providing the Services), and the revised Terms of Use shall become effective at the time of posting and shall apply to all use of the Services thereafter. If we make any material changes to these Terms of Use, the Company shall provide Users with reasonable advance notice and the opportunity to review such material changes. If you do not agree to the revised Terms of Use, you should stop using the Services.
(1) These Terms of Use shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.
(2) The Tokyo District Court shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms of Use.
(3) User acknowledges and agrees that User’s breach of these Terms of Use may cause irreparable harm to Company, its affiliates, and/or its and their respective suppliers and licensors, for which they may not have an adequate remedy at law; therefore, Company, its affiliates and its and their respective suppliers and licensors will be entitled to immediate equitable relief, including injunctive relief, to enjoin such a breach, without posting bond or other security.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a future waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is invalid or unenforceable, such provision will be limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use may not be assigned or transferred by User (in whole or in part and whether voluntarily, involuntarily or by operation of law) without the prior written consent of Company, and any attempt by User to do so will be null and void and of no effect.
These Terms of Use constitute the entire agreement between the you and the Company with respect to its subject matter and supersede all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions in these Terms of Use will be binding on Company unless made in writing and signed by an authorized representative of Company.
These Terms of Use are for the sole benefit of the parties hereto and their successors and permitted assigns, and nothing herein express or implied shall give, or be construed to give, any person or entity other than the parties hereto any legal or equitable rights hereunder.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
We, BANDAI CO., LTD., respect your privacy. We process your personal information in accordance with applicable data protection laws, including the General Data Protection Regulation of the European Union (the “GDPR”).
If you want to know how we process and protect your personal information, please refer to our general privacy policy, which explains our policies, standards, or code to process and protect your personal information. https://www.bandai.co.jp/en/site/privacy/
As we provide you with our services on the website or application, we collect, use, store, generate or disclose to third-parties (hereinafter collectively referred to as “process”) your personal information for the following purposes:
i. Categories of your personal data we process: Bandai Namco ID, nickname, profile, game data and Service Usage History. We collect the nickname, residential address, gender, date of birth, List of services in use and email address from Bandai Namco Entertainment Inc. by referring to your Bandai Namco ID. If you do not provide this personal information, we are not able to provide you with the service. We collect this personal information directly from you via our website or application.
ii. Lawful basis: the processing is necessary for the performance of a contract.
iii. Period for which we store your personal data: During the service provision period.
iv. Recipients we disclose your personal data to: Our server hosting partners, our contractors that assist us in providing our service and our group companies in Japan In the event that we transfer your data to an entity located outside your country, we protect your rights with personal data by virtue of a data transfer contract with the relevant recipient, which imposes on such recipients contractual obligations to ensure an adequate level of data protection.
i. Categories of your personal data we process: Bandai Namco ID, gender, age, state/province, your device, type of equipment, type of network, and contents of the questionnaire. We collect the name, nickname, residential address, gender, date of birth, List of services in use and email address from Bandai Namco Entertainment Inc. by referring to your Bandai Namco ID. If you do not provide this personal information, we are not able to provide you with the service. We collect this personal information directly from you via our website or application.
ii. Lawful basis: the processing is necessary for the performance of a contract.
iii. Period for which we store your personal data: During the service provision period.
iv. Recipients we disclose your personal data to: Our server hosting partners, our contractors that assist us in providing our service and our group companies in Japan In the event that we transfer your data to an entity located outside your country, we protect your rights with personal data by virtue of a data transfer contract with the relevant recipient, which imposes on such recipients contractual obligations to ensure an adequate level of data protection.
i. Categories of your personal data we process: the name, email address and detail of inquiry. If you do not provide this personal information, we are not able to respond to you. We collect this personal information directly from you via our website or application.
ii. Lawful basis: the processing is necessary for the performance of a contract or necessary in order to take steps at your request prior to entering into a contract.
iii. Period for which we store your personal data: During the service provision period.
iv. Recipients we disclose your personal data to: Our server hosting partners, our contractors that assist us in providing our service and our group companies in Japan In the event that we transfer your data to an entity located outside your country, we protect your rights with personal data by virtue of a data transfer contract with the relevant recipient, which imposes on such recipients contractual obligations to ensure an adequate level of data protection.
i. Categories of your personal data we process: Device information, Log information, Service usage history, Purchase information We collect this personal information directly from you via our website or application.
ii. Lawful basis: your consent. You can withdraw your consent at any time. Your withdrawal of consent does not affect the lawfulness of our processing of your personal data based on consent before its withdrawal.
iii. Period for which we store your personal data: During the service provision period.
iv. Recipients we disclose your personal data to: Analytics Service Providers in the U.S.A. In the event that we transfer your data to an entity located outside your country, we protect your rights with personal data by virtue of a data transfer contract with the relevant recipient, which imposes on such recipients contractual obligations to ensure an adequate level of data protection.
For further information and inquiry, contact:
Privacy Manager ppolicy@bandai.jp
BANDAI CO., LTD.
If you want to know how we process and protect your personal data, please refer to our privacy policy https://www.bandai.co.jp/en/site/privacy/
i. Categories of your personal data we process(as stipulated in CCPA 1798.140(v)): Identifiers (Bandai Namco ID, nickname, profile), Commercial information (Service Usage History), game data. We collect Identifiers (the nickname, residential address, gender, date of birth, email address) and Commercial information (List of services in use) from Bandai Namco Entertainment Inc. by referring to your Bandai Namco ID.
ii. CATEGORY OF THIRD PARTIES WE DISCLOSE: Our server hosting partners, our contractors that assist us in providing our service, and our group companies
iii. CATEGORY OF THIRD PARTIES WE SELL OR SHARE (stipulated in CCPA 1798.140(ad)(ah)): None
iv. SOURCES OF COLLECTED PERSONAL INFORMATION: Through Your service sign-up
v. THE LENGTH OF TIME TO RETAIN: During the service provision period.
i. Categories of your personal data we process(as stipulated in CCPA 1798.140(v)): Identifiers (Bandai Namco ID, gender, age, state/province, your device, type of equipment, type of network), contents of the questionnaire. We collect Identifiers (the name, nickname, residential address, gender, date of birth, email address) and Commercial information (List of services in use) from Bandai Namco Entertainment Inc. by referring to your Bandai Namco ID.
ii. CATEGORY OF THIRD PARTIES WE DISCLOSE: Our server hosting partners, our contractors that assist us in providing our service, and our group companies
iii. CATEGORY OF THIRD PARTIES WE SELL OR SHARE (stipulated in CCPA 1798.140(ad)(ah)): None
iv. SOURCES OF COLLECTED PERSONAL INFORMATION: Through Your service sign-up
v. THE LENGTH OF TIME TO RETAIN: During the service provision period.
i. Categories of your personal data we process(as stipulated in CCPA 1798.140(v)): Identifiers (your name, email address), detail of inquiry.
ii. CATEGORY OF THIRD PARTIES WE DISCLOSE: Our server hosting partners, providers that respond to inquiries, and our group companies
iii. CATEGORY OF THIRD PARTIES WE SELL OR SHARE (stipulated in CCPA 1798.140(ad)(ah)): None
iv. SOURCES OF COLLECTED PERSONAL INFORMATION: From your input through the inquiry system of the Company and the use of the Service
v. THE LENGTH OF TIME TO RETAIN: During the service provision period.
i. Categories of your personal data we process(as stipulated in CCPA 1798.140(v)): Internet or other electronic network activity information, Inferences drawn from the information, Commercial information (Device information, Log information, Service usage history, Purchase information)
ii. CATEGORY OF THIRD PARTIES WE DISCLOSE: None
iii. CATEGORY OF THIRD PARTIES WE SELL OR SHARE (stipulated in CCPA 1798.140(ad)(ah)): Analytics Service Providers
iv. SOURCES OF COLLECTED PERSONAL INFORMATION: Through the use of the Service
v. THE LENGTH OF TIME TO RETAIN: During the service provision period.
(1) We do not disclose but use your identity card information, which may be considered Sensitive personal information under the CCPA. Your Bandai Namco ID and its password are managed by Bandai Namco Entertainment Inc. We do not use or disclose your Sensitive personal information for reasons other than those set forth in section 7027, subsection (m) of CALIFORNIA CONSUMER PRIVACY ACT REGULATIONS.
(1) We do not have actual knowledge that we Sell or Share personal information about residents who we know are younger than 16 years old. Under the CCPA, "Sell" means disclosing by electronic or other means, a consumer's personal information to a third party for monetary or other valuable consideration, and "Share" means sharing a consumer's personal Information to a third party for cross-context behavioral advertising. Opt-out rights can be exercised by clicking on the "Do Not Sell or Share My Personal Information" link.
We do not collect and store personal information about a Child (in this provision, we call the children under 13 years old) if a Child submits this information without prior parental consent. If we discover that we've unintentionally collected information from a Child in a way that does not meet COPPA requirements, we will delete the information immediately.
Please contact us by phone or email if you have any questions or concerns about the information we hold about you. https://global.carddass.com/inquiry.php
These Country- / Region-Specific Provisions are incorporated into and form part of the Terms of Use. These additional terms shall apply, supersede, and override and conflicting provisions to the extent of any inconsistency in the main body of the Terms in relation to Users of the Services located in the jurisdictions set out below.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
(1) This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
(2) Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Services, or relating in any way to the communications between you and the Company or any other User of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and the Company. However, this arbitration agreement does not (i) govern any Claim by the Company for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use or (ii) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the dates on which you access or use the Services by following the procedure described below.
(3) You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms of Use.
(4) The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section).
(5) Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your Claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your Claim or the relief sought was frivolous or brought for an improper purpose.
(6) The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
(7) Class action waiver: any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“class action”). The parties expressly waive any ability to maintain any class action in any forum. If the claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any class action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
(8) If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. If for any reason a Claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.