Acceptance of the Terms of Use
These terms of use are entered into by and between You (or User) and
BANDAI CO., LTD ("Company") (collectively "we," or "us"). The
following terms and conditions ("Terms of Use") govern your access to
and use of the application and/or web site of “BANDAI TCG+”
(including, but not limited to any service in such application or
website. herein after referred to as collectively the “Tools”),
whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the
Tools. By accessing and/or using the Tools, you accept and agree to be
bound and abide by these Terms of Use and the separately-specified
"'PRIVACY POLICY'" (the “Privacy Policy”) incorporated herein by
reference. If you do not want to agree to these Terms of Use or the
Privacy Policy, you must not access or use the Tools.
The following terms of use contain a provision that generally requires
the use of arbitration on an individual basis to resolve disputes,
rather than jury trials and class actions, and also limits the
remedies available to you in the event of a dispute. Please see below
for more information.
1.Eligibility Requirements
We make no claims that the Tools or any of its content is accessible
or appropriate in any country or region. Access to the Tools may not
be legal by certain persons or in certain countries. When you access
the Tools, you do so on your own initiative and are responsible for
compliance with local laws.
By using this Tools, you represent and warrant that you meet all of
the foregoing eligibility requirements. If you do not meet all of
these requirements, you must not access or use the Tools.
2.Changes to the Terms of Use
We may revise and update these Terms of Use from time to time and for any reason in our sole discretion. You shall be notified of any change to these Terms of Use by notice on the Tools screen. All changes are effective when posted, and apply to all access to and use of the Tools thereafter. Your continued use of the Tools following notice of revised Terms of Use means that you accept and agree to the changes. If you cannot agree to the revised Terms of Use, you shall immediately stop using the Tools.
3.Accessing the Tools
You are solely responsible for accessing the Tools, and we do not
guarantee that the Tools will be compatible with your device (ex PC,
Mobile phone, and so on. herein after referred to as the “Device”).
You shall bear any and all expenses for the Device and any service or
usage fees associated with the Device required to use the Tools.
We reserve the right to withdraw or amend this Tools, and any service
or material we provide on the Tools, in our sole discretion without
notice. We will not be liable if for any reason all or any part of the
Tools is unavailable at any time or for any period. From time to time,
we may restrict access to some parts of the Tools, or the entire
Tools, to users, including registered users. The Company reserves the
right to stop offering and/or supporting the Tools or a particular
part of the Tools at any time either permanently or temporarily, at
which point your right to use the Tools or any part will be
automatically terminated or suspended. If that happens, unless
applicable law requires otherwise, we are not required to provide any
compensation to you in connection with discontinued elements of the
Tools.
4.Registration and Account Security
To access the Tools or some of the resources it offers, you may be
asked to provide certain registration details or other information. It
is a condition of your use of the Tools that all the information you
provide on the Tools is correct, current, and complete. You agree that
all information you provide to register with this Tools or otherwise,
including, but not limited to, through the use of any interactive
features on the Tools, is governed by our Privacy Policy, and you
consent to all actions we take with respect to your information
consistent with our Privacy Policy.
The following provisions in this section (Registration and Account
Security) shall apply if you acquire an account with regard to the
Tools and/or if we provide you with login services of the Tools.
If you choose, or are provided with, a user name, password, or any
other piece of information as part of our security procedures, you
must treat such information as confidential, and you must not disclose
it to any other person or entity. You also acknowledge that your
account is personal to you and agree not to provide any other person
with access to this Tools or portions of it using your user name,
password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or
password or any other breach of security. You also agree to ensure
that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or
shared device so that others are not able to view or record your
password or other personal information. If we determine that you have
violated any provision of these Terms of Use, we have the right to
suspend the use of the Tools or delete your account (“Suspension”)
without any notification to you, and we shall not be responsible for
any damage caused to you. You shall continue to be responsible for any
and all obligations incurred up to and including the effective date of
such Suspension.
To avoid retaining data that is no longer needed and/or to improve our
services, we may delete or terminate accounts that are inactive (i.e.
not logged into) for 180 days.
5.Intellectual Property Rights
The Tools and its entire contents, features, and functionality
(including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other
providers of such material and are protected by Japan, United States
and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws. All items
provided to you through the Tools (“Items”) and any data related to
the use of the Tools belong to the Company or third parties from whom
the Company has obtained use permission thereof.
You acknowledge and agree that the specifications, rules, designs,
audiovisual expressions and effects, parameters, scenarios and all
other aspects of the Tools may be configured, constructed and changed
by the Company at will.
These Terms of Use permit you to use the Tools for your personal,
non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on the
Tools other than as expressly authorized by us, except that your
Device may temporarily store copies of such materials incidental to
your accessing and viewing those materials. You must not modify copies
of any materials from the Tools.
6.Trademarks
The Company name, the terms COMPANY TRADEMARKS, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Tools are the trademarks of their respective owners.
7.Prohibited Uses
You may use the Tools only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Tools:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Japan, US or other countries).
- Where it is prohibited or inappropriate such as while driving a vehicle or in dangerous places.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Tools, or which, as determined by us, may harm the Company or users of the Tools, or expose them to liability.
- For any activity intended to make a profit.
- For any other acts which the Company determines are inappropriate.
Additionally, you agree not to:
- Use another person’s account with or without consent.
- Provide false information in using the Tools.
- Use the Tools in any manner that could disable, overburden, damage, or impair the Tools or interfere with any other party's use of the Tools, including their ability to engage in real time activities through the Tools.
- Use any robot, spider, or other automatic device, process, or means to access the Tools for any purpose, including monitoring or copying any of the material on the Tools.
- Use any manual process to monitor or copy any of the material on the Tools, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Decompile, reverse engineer or undertake other acts that would analyze the source code, structure, ideas, etc. of the Tools.
- Use any device, software, or routine that interferes with the proper working of the Tools.
- Duplicate, send, transfer, lend, translate, adapt, modify, destroy or combine the Tools with other software.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Tools, the server on which the Tools is stored, or any server, computer, or database connected to the Tools.
- Attack the Tools via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Tools.
8.Monitoring and Enforcement; Termination
We have the right to:
- Take any action with respect to any User Created Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Created Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Tools or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material created by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Tools.
- In the Company’s sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the Tools or any portion of the Tools; or delay or remove hosted content, and we are under no obligation to compensate you for any losses or results.
You shall resolve any and all disputes with any third party arising
from your use of the Tools (including prohibited acts) on your own and
at your own expense. If the Company or any third parties suffer any
damage due to such disputes, you shall be obligated to compensate the
Company and/or any third party for such damage.
Without limiting the foregoing, we have the right to cooperate fully
with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone
using the Tools. You waive and hold harmless the company from any
claims resulting from any action taken by the company during, or taken
as a consequence of, investigations by either the company or law
enforcement authorities.
However, we do not undertake to review any contents before it is made
available or released on the Tools, and cannot ensure prompt removal
of objectionable contents after it has been made available or
released. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications, or content provided
by any user or third party. We have no liability or responsibility to
anyone for performance or nonperformance of the activities described
in this section.
You may stop using the Tools at any time at your own discretion. The
Company shall have no obligation to retain any information (including
card data or profile information) of a user who has stopped using the
Tools. (If any) we may delete or terminate accounts if the tools is
accounts that are inactive (i.e., not logged into) for 180 days.
9.Content Standards
These content standards apply to use of the Tools By any and all User. The content you open or release must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, The content you open or release must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10.Information About You and Your Visits to the Tools
All information we collect on the Tools is subject to our Privacy Policy. By using the Tools, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11.Links from the Tools; Third Party Advertising
If the Tools contains links to other tools, sites, or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we are not responsible for these other companies’ content, business practices, or practices, or privacy policies, or for how they collect, use, or share the information they get from you. We accept no responsibility for those sites our resources or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party content linked to the Tools, you do so entirely at your own risk and subject to the terms and conditions of use for such content.
12.Feedback and Unsolicited Ideas
We may request, or you may provide, your feedback on certain features through a promotion or other customer insights program. The following terms shall apply to your Submission:
- The Company will consider the Submissions to be non-confidential and non-proprietary.
- The Company shall have no obligations concerning the Submissions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Submissions.
- The Company may use, redistribute, or disclose the Submissions for any purpose and in any way, without any compensation to you or any third party.
13.Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any
content available for the Tools will be free of viruses or other
destructive code. Further, the Company does not guarantee the
completeness or accuracy of the information provided by the Company,
and the Company will not guarantee that the Tools can be used or that
the usage data of the user will be reflected on the Tools. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. To the
fullest extent provided by law, we will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses, or
other technologically harmful material that may infect your device,
programs, data, or other proprietary material due to your use of the
tools or any services or items obtained through the tools or to your
downloading of any material posted on it, or on any website linked to
it.
Your use of the tools, its content, and any services or items obtained
through the tools is at your own risk. The tools, its content, and any
services or items obtained through the tools are provided on an "as
is" and "as available" basis, without any warranties of any kind,
either express or implied. Neither the company nor any person
associated with the company makes any warranty or representation with
respect to the completeness, security, reliability, quality, accuracy,
or availability of the tools. Without limiting the foregoing, neither
the company nor anyone associated with the company represents or
warrants that the tools, its content, or any services or items
obtained through the tools will be accurate, reliable, error-free, or
uninterrupted, that defects will be corrected, that our tools or the
server that makes it available are free of viruses or other harmful
components, or that the tools or any services or items obtained
through the tools will otherwise meet your needs or expectations.
To the fullest extent provided by law, the company hereby disclaims
all warranties of any kind, whether express or implied, statutory, or
otherwise, including but not limited to any warranties of
merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded
or limited under applicable law.
14.Limitation on Liability
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the tools, any content linked to it, any content on the tools or such other websites or tools, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
15.Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Tools, including, but not limited to, any use of the Tools's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Tools, as well as any such use through your user account, if applicable, whether or not authorized by you.
16.Governing Law and Jurisdiction
All matters relating to the Tools and these Terms of Use, and any
dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by
and construed in accordance with the internal laws of Japan without
giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to,
these Terms of Use or the Tools shall be instituted in Tokyo, Japan,
although we retain the right to bring any suit, action, or proceeding
against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive any and all
objections to the exercise of jurisdiction over you by such courts and
to venue in such courts.
17.Arbitration
Notwithstanding the foregoing, if required by the Company in its sole
discretion, you agree to the fullest extent permitted by law to
resolve any claims arising out of, relating to, or in connection with
the Terms of Use, your relationship with us, or the Tools, including
but not limited to your use of the Tools and information you provide
via the Tools, through final and binding arbitration in accordance
with the then-current International Chamber of Commerce (“ICC”) rules
and procedures. This applies to all claims under any legal theory.
This agreement to arbitrate also applies even after you stop using the
Tools or your account or delete it. (In this Section “Arbitration”,
you and the Company may be referred to individually as “a party” or
collectively as “the parties.”)
An arbitration proceeding is before a neutral arbitrator instead of a
judge and jury, so by voluntarily accepting these Terms of Use, you
and the Company agree to give up the right to a trial before a judge
and jury.
In addition, if you or the Company brings a claim in court that should
be arbitrated, or any party refuses to arbitrate a claim that should
be arbitrated, any other party can ask a court to force the parties to
go to arbitration to resolve the claim.
Arbitration shall be initiated in Tokyo, Japan. You and the Company
further agree to submit to Tokyo District court in Japan in order to
compel arbitration, to stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If your claim is for ten thousand dollars ($10,000) or less, we agree
that you may choose whether the arbitration will be conducted solely
on the basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by the
ICC Rules. If your claim exceeds ten thousand dollars ($10,000), the
right to a hearing will be determined by the ICC Rules.
Payment of all filing, administration, and arbitrator costs and
expenses imposed by the ICC will be governed by the ICC rules.
The parties all agree that they will go to court to resolve the
following disputes:
- Relating to your or the Company’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents);
- Where the sole form of relief sought is injunctive relief; or
- Within the jurisdiction of small claims courts.
18.Class Action Waiver
By voluntarily accepting these Terms of Use, you and the Company agree
that the parties can only bring a claim against each other on an
individual basis.
That means:
- The parties agree that neither you nor the Company can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
- The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this).
- The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Tools users, and cannot be used to decide other disputes with other users.
If this section (Class Action Waiver) is found to not be enforceable or valid, then the entire Sections Arbitration and Class Action Waiver will be null and void, but the rest of the Terms of Use will still apply.
19.Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms of use or the tools must be commenced within 1 year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
20.Waiver and Severability
No waiver by the Company of any term or condition set out in these
Terms of Use shall be deemed a further or continuing 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 held by a court or other
tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of
the Terms of Use will continue in full force and effect.
21.Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BANDAI CO., LTD. regarding the Tools and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Tools.
22.Your Comments and Concerns
This Tools is operated by BANDAI CO., LTD.
All other feedback, comments, requests for technical support, and
other communications relating to the Tools should be directed to: [https://global.carddass.com/inquiry.php].
Established on February 18,2022