TERMS OF SERVICE

TERMS OF SERVICE

Revised January 5, 2009

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 You must acknowledge your agreement to comply with the Terms of Use by clicking the "I Agree" button at the foot of this page. Your access to and use of the Services is subject to these Terms of Use, whether or not you create an account. If you do not agree to the Terms of Use, you may not be able to access or use some of the Services.

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 Service 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 pages at NamcoBandaiGames.com/Support or write to us at: 4555 Great America Parkway, Second Floor, Santa Clara, CA 95054.

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 1-916-445-1254 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 have 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 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 entitlements) 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 names and personas as a result of account termination. If you have more than one account, NAMCO BANDAI may terminate all of your accounts and all related entitlements. NAMCO BANDAI may issue you a warning, or NAMCO BANDAI may immediately terminate any and all accounts that you have established. You acknowledge that NAMCO BANDAI is not required to provide you notice before terminating your account(s). 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, 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 form of reimbursement, and you will have no further access to your account or entitlements associated with your account or the particular Service (such as points, tokens or other digital items).

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 NamcoBandaiGames.com/support.

4. Content

4.1 "Content" on the Services may include images, drawings, artwork, music, sounds, software, technology, text and other audio visual material, and the design and appearance of our websites. In certain cases, Content may be provided by you or third parties, including other users of the Services. 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 agree that you will be personally responsible for your use of the Services and for all of your communication and activity in connection with the Services (including any Content you contribute).

4.2 NAMCO BANDAI reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content 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 Content that is generated by third parties or for any failure to or delay in removing such Content.

4.3 You are solely responsible for your Content and may be held liable for Content that you post.

4.4 In exchange for NAMCO BANDAI enabling your contribution of Content, when you contribute Content to a Service, you expressly grant to NAMCO BANDAI a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the 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 Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.

4.5 If the Service on which you contribute Content permits other users to access and use that contributed Content as part of the Service, than 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 contributed Content on or through the relevant Service without further notice, attribution or compensation to you.

4.6 NAMCO BANDAI respects the intellectual property rights of others. You must have the legal right to upload Content to the Services. You may not upload or post any 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 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 rights, NAMCO BANDAI may terminate your account without notice to you. If your account(s) are terminated, you will lose access to entitlements and assets associated with your account (such as points, digital items or tokens).

5. Intellectual Property Rights

5.1 Content on the Services is owned by NAMCO BANDAI or NAMCO BANDAI’s third party licensors and is 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.

5.2 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 that are not expressly granted to you in these Terms.

5.3 Making unauthorized copies of Content found on the Services may result in the termination of your account(s), prohibition on use of the Services, and further legal action. Content owners 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.

6. Code of Conduct.

6.1 You are responsible for the Content that you publish, display or transmit (hereinafter "post") on the Services. Except for personal information we may collect from you under the guidelines established in our Privacy Policy, any feedback, data, answers, questions, comments, suggestions, ideas, or the like that you post to the Services by electronic mail, message boards, forums or otherwise ("Communications") will be treated as non-confidential and non-proprietary. You understand that Communications are NOT private or confidential, and may be viewed and used by others accessing the Services.

6.2 You may violate these Terms of Use if you:

• 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, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.


• 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 or corrupted data.


• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.


• Use or distribute "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.


• 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.

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.

7. Software, Utilities and Tools

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.

8.      Export Control Laws

8.1 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.

8.2 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.

9.1 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. 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.

9.2 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. 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.

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.

10. Indemnification

10.1 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.

10.2 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.

11. Links to Third-Party Sites

The Services may include links 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.

12. General Terms

12.1 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.

12.2 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.

12.3 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.

12.4 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.

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