BANDAI AMERICA

TERMS AND CONDITIONS

Welcome to www.bandai.com (the "Site" ). This Site is maintained and operated by Bandai America Incorporated ("BAI", "we", or "us").

WHAT INFORMATION DO WE COLLECT?

BY VISITING OR USING THIS SITE IN ANY WAY, OR LINKING TO THIS SITE, YOU ARE ENTERING INTO AN AGREEMENT WITH BAI TO BE BOUND BY THE THEN-CURRENT VERSION OF THESE TERMS AND CONDITIONS. THIS IS THE ENTIRE AGREEMENT BETWEEN YOU AND BAI RELATING TO THIS SITE.

YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. BAI HAS THE RIGHT TO REVISE THESE TERMS AND CONDITIONS AT ANY TIME.

Authorized Use of Site: This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of BAI.

Unauthorized Use of Site: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Registration and Passwords: In order to access certain areas on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords. To understand how we use information collected from you, please read our Privacy Policy, http://www.bandai.com/privacy.html, which is incorporated herein.

Proprietary Rights: BAI owns or has the right to use all of the data, information, text, images, sounds, icons, and other content contained on this Site (including software and transmissions to this Site), and the copyrights and other intellectual property rights therein, unless otherwise noted. By using the Site, you agree not to copy, download, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Such copying, downloading, modification, distribution or transmission, display, or use would breach this agreement and infringe BAI's copyrights, copyrights licensed to BAI, and/or other intellectual property rights owned by or licensed to BAI. BAI has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other Site that you access from this Site. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by BAI.

No Ideas Accepted: BAI does not accept any unsolicited ideas from outside the company, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and BAI assumes no obligation, expressed or implied, by considering it. You further understand that BAI shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to BAI. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant BAI an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

No Warranties: WHILE BAI USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, BAI MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. BAI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT OF THIS SITE, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BAI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH BAI WISHES THE CONTENT OF THIS SITE TO BE ACCURATE, COMPLETE, AND CURRENT, BAI DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS SITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.UNDER NO CIRCUMSTANCES WILL BAI BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS SITE OR ANY OTHER SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH SITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF BAI HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if BAI is otherwise found to be liable to you in any manner, then BAI’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Site.

Links: Links to other web sites or Internet locations from this Site have been provided for your convenience only. BAI does not endorse, sponsor, or approve any of the content of such web sites or locations. BAI has no control over any of the web sites or other Internet locations that you may access through this web site, and is not responsible for the content or accuracy of the content of any such web sites or locations. If you access any other web site or Internet locations through this web site, you do so at your own risk.

Changes: All information posted on the Site is subject to change without notice. BAI reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this Site, or the availability thereof. Products, methods, and processes described on this Site may be covered by U.S. or foreign patents and/or other intellectual property rights. In addition, these Terms and Conditions may be changed at any time without prior notice. BAI will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Prohibited Activities: The following is a partial list of the types of conduct that are prohibited on the Site. BAI reserves the right to investigate and take appropriate legal action against anyone who, in BAI’s sole discretion, engages in any of the prohibited activities. Without limitation, the following is a partial list of the kinds of conduct that prohibited on the Site. You agree that you will not post or transmit to other users anything that contains content that:

 

infringes or violates another party's intellectual property rights;

violates any party’s right of publicity or right of privacy;

is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

promotes or encourages violence;

is inaccurate, false or misleading in any way;

is illegal or promotes any illegal activities;

promotes illegal or unauthorized coping of another person's copyrighted work or links to them or providing information to circumvent security measures;

contains “masked” profanity (e.g., F*@&#)

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.


BAI is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. BAI disclaims all responsibility for the content of such transmissions and all liability arising from such content.

If you transmit any information of any kind (including software) to this Site, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that BAI may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to BAI and without acknowledgment of authorship or source. BAI shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold BAI harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.

Indemnification: You agree to indemnify, defend and hold harmless BAI, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any content you transmit or post via the Site and any breach by you of any of these Terms and Conditions or applicable law.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of BAI to partially or fully exercise any rights or the waiver of BAI of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by BAI or be deemed a waiver by BAI of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of BAI under these Terms and Conditions and any other applicable agreement between you and BAI shall be cumulative, and the exercise of any such right or remedy shall not limit BAI's right to exercise any other right or remedy.

International Access: Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law: THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THESE TERMS AND CONDITIONS. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at customerservice@bandai.com.

Intellectual Property Rights:

Bandai.com is a service mark of Bandai America Incorporated.

Bandai logo is a registered trademark of Bandai. All Rights Reserved.

BEN 10: TM and © CARTOON NETWORK

Big Hero 6: © Disney.

Digimon: © Akiyoshi Hongo • Toei Animation. TM Licensed by SCG Characters LLC.

Doraemon: © Fujiko Pro. All Rights Reserved. Used Under Authorization.

GODZILLA is a trademark of Toho Co., Ltd. The GODZILLA character and design are trademarks of and copyrighted by Toho Co., Ltd. Used with permission. All Rights Reserved. © Warner Bros. Entertainment Inc.

LEGENDS OF OZ is a trademark of Dorothy of Oz, LLC. © 2014 Dorothy of Oz, LLC. All rights reserved.

Locksies is a trademark of Bandai. All Rights Reserved.

PAC-MANTM and the Ghostly Adventures & © NAMCO BANDAI Games Inc.

Power Rangers: TM & © 2014 SCG Power Rangers LLC. All Rights Reserved. Used Under Authorization.

TAMAGOTCHI, TAMAGOTCHI FRIENDS and all related logos, names and distinctive likenesses are the exclusive property of Bandai. © B,W/T,T © BANDAI,WiZ.

All other trademarks are property of their respective owners.

You may not use any of these trademarks or service marks in any way, without express permission of the owner. For example, you may not use any such marks as links to this Site from other web sites, or as machine-readable search terms ("metatags").

These Terms and Conditions are effective and were last updated on October 17, 2014.

© 2014 Bandai America Incorporated. All Rights Reserved.