Article 1 Website Operator
Article 2 Restriction on Use of Data Materials
- Information and data posted on Premium Bandai such as graphics, pictures, movies, music, sounds, text, games and programs, as well as character designs (hereinafter collectively referred to as “Data Materials”) is protected by the copyright (or neighboring rights) of the Company or a right holder which has granted its license to the Company.
- Downloading these Data Materials is allowed only if all of the following conditions are satisfied:
- The intended use is non-profit and personal use;
- Only one (1) copy is made by one (1) computer for household use; and
- Notice of all copyright, trademark, and all other rights indicated in the Data Materials are kept intact and as originally presented.
- The customer agrees to refrain from using the Data Materials for the following purposes:
- Installation of downloaded Data Materials on other computers;
- Copying, modifying or editing, and distributing or selling to any third party, or reverse engineering, decompiling, disassembling, or making any other changes to the readable form of downloaded Data Materials. Typical examples include making alterations to downloaded Data Materials, posting the Data Materials to any other website, or printing out and distributing the Data Materials to others;
- Access, use, license, sell, transfer, disclose, publish, transmit, display, distribute, provide or permit access to, in any way for any public or commercial purpose, any Data Materials, or any modifications, adaptations, translations, summaries, abstracts, derivative works or materials thereof;
- Collect, compile or recompile any Data Materials, including any photographs, product listings, product designs, descriptions, references, images, terms of purchase or sale, prices or other data, information or other content obtained or derived from or through Premium Bandai ;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through Premium Bandai through any means, including through means not intentionally made publicly available or provided through Premium Bandai;
- Engage in any automatic or unauthorized means of accessing, logging-in or registering on Premium Bandai, or obtaining lists of users or other information from or through Premium Bandai, including any information residing on any server or database connected to Premium Bandai;
- Use Premium Bandai in any manner that could interrupt, damage, disable, overburden, or impair Premium Bandai or interfere with any other party’s use and enjoyment of Premium Bandai, including sending mass unsolicited messages or “flooding” servers;
- Use Premium Bandai or the services in violation of our intellectual property or other proprietary or legal rights, or the rights of any third party;
- The downloaded Data Materials can only be used for the purposes expressly set forth in this Agreement.
- If the customer violates this Agreement, the Company may revoke or suspend the customer’s rights hereunder. In the event a customer’s rights are revoked or suspended, the customer agrees to immediately stop using the Data Materials and destroy all downloaded Data Materials and the copies thereof.
- Regardless of whether the Company has revoked rights or not, if the customer uses the Data Materials other than for personal use (unless specifically permitted without permission from the Company by applicable copyright laws), such use will constitute an infringement of the copyright and related rights which are protected by applicable copyright laws. Copyright infringement is regarded as illegal under applicable copyright laws and the customer may be subject not only to an injunction against infringement activities and/or claims for damage compensation from the rights holder, but also to severe criminal penalties.
- While Premium Bandai is transmitted from Japan, it is also protected under the domestic laws of the countries where Premium Bandai is received in accordance with the Berne Convention, Universal Copyright Convention, and other applicable treaties and laws. Therefore, unauthorized use of the Data Materials in foreign countries still constitutes an infringement of the copyright or neighboring rights.
Article 3 Disclaimers and Indemnity of the Company
- PREMIUM BANDAI AND DATA MATERIALS (INCLUDING ALL SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE COMPANY PARTIES (DEFINED IN ARTICLE 8) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF CONDITION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR USEFULNESS OF DATA MATERIALS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW.
- THE COMPANY PARTIES DO NOT WARRANT THAT PREMIUM BANDAI, DATA MATERIALS OR SERVICES, ANY SERVERS HOSTING PREMIUM BANDAI, OR ANY COMMUNICATION SENT BY OR ON BEHALF OF THE COMPANY PARTIES, ARE OR WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, DISABLING DEVICES, INACCURACIES, ERRORS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR REQUIREMENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS OR UNINTERRUPTED ACCESS TO OR USE OF PREMIUM BANDAI OR ANY DATA MATERIAL, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF PREMIUM BANDAI OR DATA MATERIALS WILL BE CORRECTED. YOU USE AND ACCESS PREMIUM BANDAI AND DATA MATERIALS AT YOUR OWN RISK AND DISCRETION.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH PREMIUM BANDAI IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF PREMIUM BANDAI.
- To the fullest extent permitted by applicable law, unless otherwise specified in writing, the Company will not be liable for any damages, expenses, repair of data or any other matters (including without limitation direct, indirect, incidental, punitive, and consequential damages), arising from the use of Premium Bandai or from any information, content, materials, products or services included on or otherwise made available to you through Premium Bandai, including without limitation any damages arising out of the following:
- When any problem occurs with respect to Data Material(including normality, accuracy, reliability, merchantability, and suitability for a specific purpose);
- When a virus or other harmful item exists on any site or server; and
- When any issues arise with respect to transmission and reception of the Data Materials of each site.
- Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This limitation on liability shall be to the maximum extent permitted by applicable law.
- YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH ANY OF THEM, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF PREMIUM BANDAI; OR (B) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF THE COMPANY OR ANY THIRD PARTY.
- The Company reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with the Company with respect to such defense and settlement. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- THE SERVICE AND THIS AGREEMENT WILL BE INTERPRETED IN ACCORDANCE WITH JAPANESE LAW WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS THEREOF.
- In the event that this Agreement is translated into languages other than English, the English-language version will prevail.
- IN THE EVENT THAT ANY DISPUTE ARISES IN CONNECTION WITH THIS AGREEMENT, THE DISPUTE WILL BE SUBJECT TO THE EXCUSIVE JURISDICTION OF THE TOKYO DISTRICT COURT.
INDEMNITY OF THE COMPANY
Article 4 Severability
If any provision of this Agreement or any part thereof is deemed invalid or unenforceable by a court of competent jurisdiction applying applicable laws and regulations, the remaining provisions of this Agreement and the remaining portion of the provision found to be invalid or unenforceable will continue to be fully effective.
Article 6 Links to Third Party Sites
THE LINKS IN PREMIUM BANDAI WILL LET YOU LEAVE THE COMPANY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY THE COMPANY.
Article 8 Ownership
The Company and/or its affiliates, service providers, vendors, contractors, sponsors, advertisers, licensors and/or licensees (collectively, the “Company Parties”) are the exclusive owners or licensees of all Data Materials and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity, and patent rights therein or thereto. The Data Materials is the subject of a copyright as a collective work and elements of the Data Materials are the subject of copyrights as individual works. The collective work includes works that are licensed to the Company Parties.
All trademarks, service marks, and trade names of the Company used on or in connection with Premium Bandai are trademarks of the Company (collectively, the “Marks”) and are the exclusive property of the Company. Unauthorized use of any of the Marks, or of any word, term, name, or symbol that dilutes, or is likely to cause confusion or mistake with respect to, the Marks is strictly prohibited by law. All other trade names, trademarks, and service marks that appear on Premium Bandai are the property of their respective owners.
You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Data Materials or the Marks.
You do not acquire any ownership interests in the Data Materials or the Marks by accessing, browsing or otherwise using Premium Bandai.
Article 9 Product and Service Purchases
TO THE FULLERST EXTENT PERMITTED UNDER APPLICABLE LAWS YOU ACKNOWLEDGE AND AGREE THAT ANY CHARGES FOR PRODUCTS OR SERVICES ORDERED THROUGH PREMIUM BANDAI ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.