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Terms of Use

Effective Date: November 4, 2011
Last Updated: November 22, 2011

Welcome to NAMCO BANDAI Games America!

The terms of this agreement (“Terms of Use”) govern your relation with NAMCO BANDAI Games America Inc., and its subsidiaries and affiliates (collectively, “NAMCO BANDAI”), as well as your use of the various online products, services, games, and other offerings made available to you on NAMCO BANDAI’s websites. 

TABLE OF CONTENTS
1.  Agreement to Terms
2.  Account
3.  Termination or Cancellation of Services and Accounts
4.  Content
5.  Content and Service Availability
6.  Intellectual Property Rights
7.  DMCA Copyright Information
8.  Code of Conduct
9.  Services Not Controlled by NAMCO BANDAI
10.  Software, Utilities, and Tools
11.  Export Control Laws
12.  Updates to Services
13.  Limitations on Warranty and Liability
14.  Indemnification
15.  Links to Third-Party Sites
16.  General Terms

1.  Agreement to Terms.

1.1 The following agreement ("Terms of Use") sets out the terms and conditions under which you may access and utilize any web site or service (the "Services") offered by NAMCO BANDAI Games America Inc., or any of its subsidiaries or affiliates (collectively, "NAMCO BANDAI"). 

1.2 These Terms of Use form a legally binding contract between you and NAMCO BANDAI.  By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Use on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Use, and to abide and comply with these Terms of Use.

1.3 NAMCO BANDAI reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use.  You agree to check www.NamcoBandaiGames.com/Terms periodically for new information and terms that govern your use of the Services.  Revisions to terms affecting existing Services shall be effective thirty (30) days after posting, and Terms of Use for new Services are effective immediately upon posting at www.NamcoBandaiGames.com/Terms.

1.4 In addition to these Terms of Use, when using particular Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use.  Your continued use of the Services after the posting of changes to these terms will be deemed to constitute your acceptance of those changes.

1.5 The Services are provided by NAMCO BANDAI Games America Inc.  If you have any questions, comments, or complaints regarding this agreement, the Services or desire further information on use of the Services, you may visit NAMCO BANDAI’s customer support web page at www.NamcoBandaiGames.com/Support or write to us at: 1740 Technology Drive, Suite 600, San Jose, CA 95110.

1.6 Special Notice to California Residents: Pursuant to Cal.  Civil Code ¤ 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

2.  Account

2.1 An account may be required to access and use some Services.  To create an account, you must be over the age of thirteen, have a valid email address, and provide truthful and accurate information.  You must be eligible to use the Service for which you are registering.  Some NAMCO BANDAI Services may require creation of a "user name" or a "persona".  User names and personas are tied to your account.  You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates these Terms of Use.

2.2 You are solely responsible for all activity on your account.  Your account may be terminated if someone else uses it to engage in activity that violates these Terms of Use or is otherwise improper or illegal.  You should not reveal your account password to others.  NAMCO BANDAI will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2.3 Your privacy is important to us.  Please read NAMCO BANDAI’s Privacy Policy carefully for information relating to NAMCO BANDAI’s collection and use of personal information.  You can find NAMCO BANDAI’s Privacy Policy at www.NamcoBandaiGames.com/Privacy.

3.  Termination or Cancellation of Services and Accounts

3.1 NAMCO BANDAI may terminate any Service at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Service. 

3.2 NAMCO BANDAI may also terminate your account(s) (and access to all related Content and Services) for violation of these Terms of Use, illegal or improper use of your account, or illegal or improper use of the Services, products, or NAMCO BANDAI 's Intellectual Property.  You may lose your user name(s) and persona(s) as a result of account termination.  If you have more than one (1) account, NAMCO BANDAI may terminate all of your accounts.  In response to a violation of these Terms of Service or any other agreement applicable to NAMCO BANDAI Services accessed by you, NAMCO BANDAI may issue you a warning; suspend your account; selectively remove, revoke, or garnish Content associated with your account; or immediately terminate any and all accounts that you have established.  You acknowledge that NAMCO BANDAI is not required to provide you notice before suspending or terminating your account(s),or selectively removing, revoking, or garnishing Content associated with your account.  If NAMCO BANDAI terminates your account, you may not participate in a NAMCO BANDAI Service again without NAMCO BANDAI 's express permission.  NAMCO BANDAI reserves the right to refuse to keep accounts for, and provide NAMCO BANDAI Services to, any individual.  You may not allow individuals whose accounts have been terminated by NAMCO BANDAI to use your account.

3.3 If your account, or a particular subscription for a NAMCO BANDAI Service associated with your account, is terminated, and/or if any Content accessible by you are selectively removed, revoked or garnished from your Account, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Content associated with your account or the particular Service (such as points, tokens or other digital items).  If you believe that any action has been taken against your Account in error, please contact NAMCO BANDAI 's Customer Service Department at www.NamcoBandaiGames.com/Support.

3.4 You have the right to cancel your account or a particular subscription to a Service at any time.  If you do not agree to the terms in these Terms of Use, your sole remedy is to not use the Services and to cancel your account or applicable subscriptions.  For assistance in canceling your account, you may Contact NAMCO BANDAI 's Customer Service Department at www.NamcoBandaiGames.com/Support.  You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with NAMCO BANDAI, including any dispute related to, or arising out of: (1) any term of this Terms of Use or NAMCO BANDAI’S enforcement or application of this Terms of Use; (2) the Content available through NAMCO BANDAI Services or any change in Content provided through NAMCO BANDAI Services; (3) your ability to access and/or use NAMCO BANDAI Services and/or any Content thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for NAMCO BANDAI Services and/or any Content thereon.

3.5 Contact NAMCO BANDAI’s Customer Service Department at www.NamcoBandaiGames.com/Support to cancel your account.  NAMCO BANDAI reserves the right to collect fees, surcharges, or costs incurred before you cancel your account or a subscription to a NAMCO BANDAI Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with NAMCO BANDAI Services must be settled before you establish a new account.

4.  Content

4.1 "Content" on the Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of our websites.  Content may be provided by you or third parties, including other users of the Services (“User Generated Content”).  To the extent that you create any User Generated Content, you grant to NAMCO BANDAI a royalty free, exclusive, worldwide, sublicensable, perpetual, irrevocable license to quote, re-post, use, reproduce, modify, create derivative works from (including inclusion of your User Generated Content in future Services and other products offered by NAMCO BANDAI), syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform your User Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant NAMCO BANDAI all licenses, consents, and clearances to enable NAMCO BANDAI to use such User Generated Content for these purposes, and you waive, and agree not to assert, any moral or similar rights you may have in the User Generated Content to the fullest extent permitted by law.  For the purposes of this document, User Generated Content will be deemed to be part of the Content.

4.2 NAMCO BANDAI does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to the Services.  You are personally responsible for your use of the Services for all User Generated Content you contribute.  Furthermore, you represent and warrant to NAMCO BANDAI that any User Generated Content you contribute to the Services will comply in full with the terms and conditions contained in this document.

4.3 NAMCO BANDAI reserves the right (but has no obligation) to remove, block, edit, move or disable Content that is objectionable to us for any reason.  The decision to remove Content at any time is in NAMCO BANDAI’s sole and final discretion.  To the maximum extent permitted by applicable law, NAMCO BANDAI does not assume any responsibility or liability for User Generated Content or for any failure to or delay in removing any Content.  IF YOU BELIEVE THAT ANY USER GENERATED CONTENT ON THE SERVICES INFRINGES UPON YOUR EXCLUSIVE COPYRIGHTS, PLEASE NOTIFY NAMCO BANDAI PURSUANT TO OUR DIGITAL MILLENNIUM COPYRIGHT ACT POLICY IN SECTION 7 BELOW.

4.4 If the Service on which you contribute User Generated Content permits other users to access and use that User Generated Content as part of the Service, then you also grant all other users of the relevant Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Generated Content on or through the relevant Service without further notice, attribution, or compensation to you. 

5.  Content and Service Availability

5.1 Content may be purchased or acquired only from NAMCO BANDAI or an authorized retailer.  NAMCO BANDAI reserves the right to refuse your request(s) to acquire Content, and NAMCO BANDAI reserves the right to limit or block any request to acquire Content for any reason. 

5.2 We do not guarantee that any Content or Service will be available at all times or at any given time or that we will continue to offer particular Content or Services for any particular length of time.  We reserve the right to change and update Content and Services without notice to you.

6.  Intellectual Property Rights

6.1 NAMCO BANDAI respects the intellectual property rights of others.  You must have the legal right to upload any User Generated Content to the Services.  You may not upload or post any User Generated Content on the Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content.  NAMCO BANDAI may, without prior notice to you and in its sole judgment, remove User Generated Content that may infringe the intellectual property rights of a third party.  If you are a repeat infringer of NAMCO BANDAI 's or a third party’s intellectual property or other rights, NAMCO BANDAI may terminate your account without notice to you.  If your account(s) are terminated, you will lose access to the Services and assets associated with your account (such as points, digital items or tokens).

6.2 NAMCO BANDAI grants you a personal, limited, non-exclusive license to use Content to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you.  Content and all other intellectual property rights in or on NAMCO BANDAI Services as well as the products and services offered through NAMCO BANDAI Services are owned by NAMCO BANDAI or NAMCO BANDAI’s third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.  You may not copy or download any Content from a Service unless you are expressly authorized to do so. 

6.3 You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content.  NAMCO BANDAI reserves all rights in NAMCO BANDAI owned and licensed Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Use.  Your permitted use of Content and Services described above is limited by the intellectual property rights of NAMCO BANDAI and does not include any rights to other patents or intellectual property.

6.4 Making unauthorized copies of Content and/or the Services, including any part thereof, may result in the termination of your account(s), prohibition on use of the Services, and further legal action.  Content owners including NAMCO BANDAI may take criminal or civil action against you for unauthorized use of intellectual property.  You agree to indemnify and hold harmless NAMCO BANDAI from any unauthorized or illegal conduct by you, or through the use of your account, on the Services.

7.  DMCA Copyright Information

7.1 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 providing NAMCO BANDAI’s Copyright Agent with the following information in writing (see 17 U.S.C  512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email address;
  • 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
  • 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.

NAMCO BANDAI’s Copyright Agent designated to receive notifications of claimed infringement is: Eamon Ho, 1740 Technology Drive, Suite 320, San Jose, CA 95110; Phone: (408) 200-7700.  For clarity, only DMCA notices should go to the Copyright Agent.  All other feedback, comments, or questions should be directed to NAMCO BANDAI’s customer support at www.NamcoBandaiGames.com/Support or 4555 Great America Parkway, Second Floor, Santa Clara, CA 95054.

You acknowledge that if you fail to comply with all of the requirements of this Section 7.1, your DMCA notice may not be valid.

7.2 Counter-Notice.  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 a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • 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;
  • 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
  • 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.

If a counter-notice is received by the Copyright Agent, NAMCO BANDAI 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 NAMCO BANDAI’s sole discretion.

8.  Code of Conduct. 

8.1 You are responsible for your behavior when using the Services, including the posting or uploading of any User Generated Content. The following provisions constitute the Code of Conduct to which you must abide if you want to use the Services in any way.  Violation of the Code of Conduct may result in suspension or termination of your account and access to the Services.  NAMCO BANDAI reserves the right to take any action it deems appropriate to enforce the Code of Conduct.

8.2 In using the Services or accessing any Content, you may not:

  • Post, transmit, promote, or distribute Content that is illegal. 
  • Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. 
  • Transmit or facilitate distribution of Content that is harmful; abusive; hateful; racially, religiously, or ethnically offensive; vulgar; sexually explicit; defamatory; infringing; invasive of personal privacy or publicity rights; or, in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated. 
  • Use abusive, offensive, or defamatory screen names and/or personas.
  • Disrupt the flow of discussion in chat rooms or forums with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text]. 
  • Impersonate another person (including celebrities), indicate falsely that you are a NAMCO BANDAI employee or a representative of NAMCO BANDAI, or attempt to mislead users by indicating that you represent NAMCO BANDAI or any of NAMCO BANDAI 's partners or affiliates. 
  • Attempt to get a password, account information, or other private information from anyone else on the Services. 
  • Upload any software or Content that you do not own or have permission to freely distribute. 
  • Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software. 
  • Upload files that contain a virus, worm, spyware, time bombs, corrupted data, or other computer programs that may damage, interfere with or disrupt.the Services. 
  • Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. 
  • Improperly use in-game support or complaint buttons or make false reports to NAMCO BANDAI staff.
  • Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications. 
  • Modify any part of the NAMCO BANDAI Services that NAMCO BANDAI does not specifically authorize you to modify. 
  • Post or communicate any user’s real-world personal information using a NAMCO BANDAI Service. 
  • Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for a NAMCO BANDAI Service.
  • Use and communicate exploits to gain unfair advantage in a game.
  • Attempt to use NAMCO BANDAI Software on or through any service that is not controlled or authorized by NAMCO BANDAI.  Any such use is at your own risk and may subject you to additional or different terms.  NAMCO BANDAI takes no responsibility for your use of NAMCO BANDAI Software on or through any service that is not controlled by NAMCO BANDAI.
  • Interfere with the ability of others to enjoy use of a Service or take actions that interfere with or materially increase the costs to provide a Service for the enjoyment of all its users. 
  • Unless expressly authorized by NAMCO BANDAI, you may not sell, buy, trade or otherwise transfer your NAMCO BANDAI account or any personal access to the Services, Content, or any part thereof, including by use of auction websites.
  • You may not conduct any activities that violate the laws of any jurisdiction including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, and the distribution of counterfeit software.

8.3 Specific Services may also post additional rules that apply to your conduct on those services.  Any additional rules or codes of conduct will be deemed to be incorporated in to these Terms of Use, and violation of those additional rules or codes of conduct will be a violation of these Terms of Use. 

8.4 You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Services.  NAMCO BANDAI reserves the right to terminate your account and to prevent your use of any and all Services if your account is used to engage in illegal activity or to violate these Terms of Use. 

8.5 Unless otherwise specified, there is no requirement or expectation that NAMCO BANDAI will monitor or record any online activity on the Services, including communications.  However, NAMCO BANDAI reserves the right to monitor and/or record any online activity on the Services and you give NAMCO BANDAI your express consent to monitor and record your activities.  NAMCO BANDAI reserves the right to remove any content from any Service at NAMCO BANDAI’s sole discretion.  NAMCO BANDAI has no liability for your or any third party's violation of this Agreement.

8.6 If you encounter another user who is violating any provision of the Code of Conduct, please report this activity to NAMCO BANDAI using the "Help" or "Report Abuse" functions in the relevant Service.

9.  Services Not Controlled By NAMCO BANDAI

Some products may give you the option of using NAMCO BANDAI Software on or through a service that is not controlled by NAMCO BANDAI.  For example, you may be given the option to play NAMCO BANDAI Software online on servers not owned or controlled by NAMCO BANDAI.  NAMCO BANDAI takes no responsibility for your use of NAMCO BANDAI Software on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-NAMCO BANDAI controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

10.  Software, Utilities and Tools

10.1 NAMCO BANDAI Services may require or allow you to download software, software updates or patches, or other utilities and tools from NAMCO BANDAI or its licensors onto your computer (the "Software").  NAMCO BANDAI grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by NAMCO BANDAI at the time the Software is made available to you.  If an End User License Agreement is provided with the Software, your use of the Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access the Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software.  You may not modify the Software or use it in any way not expressly authorized in writing by NAMCO BANDAI.  You understand that NAMCO BANDAI’s introduction of various technologies may not be consistent across all platforms and that the performance of Software and related Services may vary depending on your computer and other equipment.

10.2 From time to time, NAMCO BANDAI may provide you with updates or modifications to the Software.  You understand that certain updates and modifications may be required in order to continue use the Software and the Services.

11.  Export Control Laws

11.1 Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading the Software from NAMCO BANDAI, 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 goods.

11.2 You agree to abide by U.S.  and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to the 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.

12.  Updates to Services

IMPORTANT: NAMCO BANDAI MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE SERVICES.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ACHIEVEMENTS EARNED, COMPLETED, OR UNDER YOUR CONTROL.  NAMCO BANDAI RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

13.  Limitations on Warranty and Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK.  THE SERVICES, SOFTWARE, NAMCO BANDAI’S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SOFTWARE OR THE SERVICES.  NAMCO BANDAI DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS, OR SERVICES.  NAMCO BANDAI PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT NAMCO BANDAI WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NAMCO BANDAI OR ITS LICENSORS IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR NAMCO BANDAI ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT NAMCO BANDAI, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE SOFTWARE.  IN NO CASE SHALL NAMCO BANDAI OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "NAMCO BANDAI AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO NAMCO BANDAI FOR NAMCO BANDAI SERVICES.  IN NO CASE SHALL NAMCO BANDAI OR NAMCO BANDAI AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ACCOUNTS.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SOFTWARE OR THE SERVICES.  NAMCO BANDAI DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS OR SERVICES. 

13.3 BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NAMCO BANDAI’S AND NAMCO BANDAI AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  NAMCO BANDAI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH NAMCO BANDAI AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13.4 Notwithstanding the foregoing, nothing contained in these Terms of Use limits NAMCO BANDAI’s liability to you for fraudulent misrepresentations, death, or personal injury caused by NAMCO BANDAI’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

14.  Indemnification

14.1 Upon NAMCO BANDAI’s request, you agree to defend, indemnify, and hold harmless NAMCO BANDAI and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims, and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your distribution of any Content on or through the Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold NAMCO BANDAI harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account.  You agree that you will be personally responsible for your use of the Services and for all of your communication and activity on the Services, including any Content you contribute, and that you will indemnify and hold harmless NAMCO BANDAI, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Services, including any Content that you contribute.

14.2 NAMCO BANDAI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to NAMCO BANDAI in that matter.  This Section shall survive termination of these Terms of Use. 

15.  Links to Third-Party Sites
The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  NAMCO BANDAI 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.

16.  General Terms

16.1 Remedies.  You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.  You also understand and agree that these Terms of Use, and the NAMCO BANDAI Privacy Policy, including NAMCO BANDAI’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. 

16.2 Severability.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of NAMCO BANDAI, and the remaining portions shall remain in full force and effect. 

16.3 Waiver.  The failure of NAMCO BANDAI to exercise or enforce any right or provision of these Terms of Use will not constitute waiver of such right or provision.  Any waiver of any provision of these Terms of Use will be effective only if in a writing signed by NAMCO BANDAI.

16.4 Governing Law.  The laws of the State of California, excluding its conflicts-of-law rules, govern these Terms of Use and your account(s); and you expressly agree that exclusive jurisdiction for any claim or dispute with NAMCO BANDAI, arising out of or relating in any way to your account(s) or your use of the Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving NAMCO BANDAI or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

16.5 Entire Agreement.  These Terms of Use (including the NAMCO BANDAI Privacy Policy incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and NAMCO BANDAI relating to your rights and obligations in the use of the Services.  If there is any conflict between the Terms of Use and any other rules or instructions posted on a Service, NAMCO BANDAI shall resolve the conflict in its sole discretion.

Bookmark www.NamcoBandaiGames.com/Terms and visit this site regularly for updates to NAMCO BANDAI Terms of Use.

©2012 NAMCO BANDAI GAMES AMERICA INC. ALL RIGHTS RESERVED

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