PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. By using this site, you signify your consent to these terms of use.
If you do not agree to these terms of use, please do not use this site.
This site (the "Site") is owned and operated by Bandai America Incorporated
("Bandai") (referred to as "we," "us" or "our"
herein) for your personal entertainment, information, education and communication.
We welcome you to browse our Site, but want you to know that your access to,
and use of, the Site is subject to the following terms and conditions ("Terms
and Conditions") and all applicable laws. By accessing and browsing the
Site, you accept, without limitation or qualification, the Terms and Conditions.
IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU
ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU
ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE
COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH
AUTHORIZED PERSONNEL OF THE COMPANY. If you do not agree with any of the following
terms of use, please do not use this site. Bandai reserves the right to, in
its sole discretion, modify these Terms of Use at any time and you agree to
be bound by such modifications. If any such change is unacceptable to you, you
may discontinue your use of the Site. You agree to periodically review the Terms
and Conditions to be aware of such revisions. Your use of the Site may also
be subject to additional or different terms or conditions imposed by third party
content providers in connection with third party content, products or services
accessible through the Site.
LAWFUL USE
You agree to use the Site or its contents for lawful purposes and only as expressly
permitted in this Terms of Use and for no other purpose. Except where otherwise
noted, you may download, print or view individual pages for non-commercial use
only, provided you do not delete or change any of the information, including
copyright or trademark notices. Except as otherwise permitted herein and as
we may expressly authorize, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from the content or materials on the Site or
otherwise in any way exploit any of the content of the Site, in whole or in
part. Systematic retrieval of data or other content from the Site to create
or compile, directly or indirectly, a collection, compilation, database or directory
in any form whatsoever without our prior written permission is strictly prohibited.
You agree that you will not post or transmit through the Site any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without Bandai’s express prior approval, contains advertising
or any solicitation with respect to products or services. You also agree not
to post any material protected by copyright, trademark or other proprietary
rights without the express permission of the owner of the copyright, trademark
or other proprietary rights and the burden of determining that any material
is not protected by copyright rests with you. Any conduct by you that in our
discretion restricts or inhibits any other user from using or enjoying Bandai
will not be permitted.
RESTRICTIONS ON USE OF MATERIALS
The Site contains material which is protected, nationally and internationally,
by copyright and trademark laws. No material (including without limitation the
text, images, audio and/or video) from http://www.Bandai.com, or any Web site
owned, operated, licensed or controlled by us and/or by our affiliates and no
software (including without limitation any images or files incorporated in or
generated by the software or data accompanying such software) (individually
and collectively the "Materials") may be copied, reproduced, republished,
uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled,
reverse engineered or disassembled, except that you may download one copy of
only such Material which is expressly so designated, and in such event, only
on any single computer for your personal, non-commercial home use only, provided
you keep intact any and all copyright and other proprietary notices. Modification
of the Materials or use of the Materials for any other purpose is a violation
of our and/or one or more third party's copyright, trademark and/or other proprietary
rights. The use of any such Materials on any other Web site or networked computer
environment is prohibited without our express written consent.
If you download software from the Site, the software, including any files and/or
images incorporated in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you by us.
We do not transfer title to the Software to you. You own the medium on which
the Software is recorded, but we retain full and complete title to the Software,
and all intellectual property rights therein. You may not re-sell, decompile,
reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable
form. Use of this Material on any other web site or other networked computer
environment is prohibited. To notify Bandai of a copyright infringement, contact
comments@HobbyWave.com.
INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on this Site, including
the selection, coordination, arrangement and enhancement of such content as
well as content original to it are protected by national and international copyrights,
trademarks, service marks, patents, patent registration rights, trade secrets,
know-how or other proprietary rights and laws and are owned by Bandai or our
licensors or Bandai has obtained the necessary permission of the owner of the
intellectual property in such content to use the content on our Site. Unless
otherwise indicated, all logos, names, package designs and marks on the Site
are trademarks or service marks of, or used under license by, Bandai. The use
or misuse of any of these materials is strictly prohibited. Bandai, our licensors
or associates retain exclusive ownership of all data, material and other information
regarding your use of the Site.
SUBMISSIONS
We are pleased to hear from our loyal fans and welcome your comments regarding
our products, including our on-line services. Our long-standing company policy,
however does not allow us to accept or consider unsolicited creative ideas,
suggestions or materials. We hope you will understand that it is the intent
of this policy to avoid the possibility of future misunderstandings when projects
developed by our professional staff might seem to others to be similar to their
own creative work. Accordingly, we ask that you do not send us and we will not
accept, consider or review any original creative materials such as songs, stories
or character ideas, screenplays, or original artwork. While we do value your
feedback on our services and products, we request that you be specific in your
comments on those services and products, and not submit any creative ideas,
suggestions or materials.
If, despite our request that you not send us any creative materials, you send
us creative suggestions, ideas, notes, drawings, songs, concepts or other information
or if you transmit to the Site by electronic mail or otherwise, communications
including any data, questions, comments, suggestions, or the like (collectively,
the "Information"), then by such action you have waived any and all
proprietary rights which you may have in such materials. None of the Information
shall be subject to any obligation of confidentiality on our part and we shall
not be liable for any use or disclosure of any Information. Without limitation
of the foregoing, we shall exclusively own all now known or hereafter existing
rights to the Information of every kind and nature throughout the universe,
shall be entitled to unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, and we shall not owe any compensation to any third
party.
LINKS TO THIRD PARTY SITES & SERVICES
Bandai's site contains links to and from sites operated by third parties. Bandai
makes no representations whatsoever about any third party content (including
streaming) that you may access from the Site or about any web site from which
you may access the Site and/or which may be linked to this Site. We provide
third party content and links only as a courtesy to our users, and such links
/ content do not imply our endorsement of any linked site / content. The linked
sites / content are not under our influence or control, and we are not responsible
for any third party content or the contents of any linked site or subsequent
links from that site. Our Privacy Policy is only applicable when you are on
this Site. Please review the streaming provider's and the linked site's use
agreements and privacy policies, and if you do not agree to be bound by the
terms, we recommend that you terminate your use of that service or your visit
to the site.
PERSONAL ADVICE
The information contained in or made available through the Bandai Sites (including
but not limited to information contained on message boards, in text files, or
in chats) cannot replace or substitute for the services of trained professionals
in any field, including, but not limited to, financial, medical, or legal matters.
In particular, you should regularly consult a doctor in all matters relating
to physical or mental health, particularly concerning any symptoms that may
require diagnosis or medical attention. Neither Bandai nor any of its affiliated
companies nor any of its or their respective licensors or suppliers make representations
or warranties concerning any treatment, action, or application of medication
or preparation by any person following the information offered or provided within
or through the Bandai Sites. Neither we nor our partners, or any of their affiliates,
will be liable for any direct, indirect, consequential, special, exemplary or
other damages that may result, including but not limited to economic loss, injury,
illness or death.
PARENTAL PERMISSION
WE STRONGLY RECOMMEND
THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND
ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS
OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. Bandai may, at its discretion,
require users under 18 to obtain the consent of a parent or guardian to view
certain content and Bandai may limit access to certain content to users above
a specified age. You agree to abide by any such restrictions, and not to help
anyone avoid these restrictions.
BULLETIN BOARDS
The Site may include bulletin boards, message boards and chat rooms ("Bulletin
Boards") which allow feedback to us and real-time interaction between users.
We do not control the messages, information or files delivered to Bulletin Boards,
unless otherwise noted therein, and we have no obligation to monitor such Bulletin
Boards. Use of Bulletin Boards is entirely at your own risk. However, we reserve
the right at all times to disclose any information arising out of or relating
to transmissions through Bulletin Boards including without limitation as necessary
to satisfy any law, regulation or governmental request, and further reserve
the right to edit, refuse to post or to remove any information or materials,
in whole or in part, that in our sole discretion are objectionable or in violation
of these Terms and Conditions. You should assume that Bulletin Board communications
are not confidential. We further reserve the right to use any Bulletin Board
posts, in whole or in part, on Bandai and affiliated networks.
It is a condition of your use of the Bulletin Boards and this Site that you
do not:
• Restrict or inhibit any other users from using and enjoying the Bulletin
Boards;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmission constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, provincial, national or foreign law;
• Post or transmit any information, software or other material which violates
or infringes upon the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by copyright, trademark
or other proprietary right or derivative works with respect thereto, without
first obtaining permission from the owner or right holder;
• Post or transmit any information, software or other material which contains
a virus or other harmful component;
• Post, or transmit or in any way exploit any information, software or
other material for commercial purposes or which contains advertising, promotion
or marketing.
Bandai reserves the right to delete any postings deemed inconsistent with its
policies. If you are aware of any such material posted on Bandai's web site,
please contact us at comments@HobbyWave.com. Please provide as much detail as possible,
including a copy of the underlying material, the location where Bandai may find
it, the reason(s) such postings should be removed and a statement, signed under
penalty of perjury, certifying the accuracy of the information you provide to
us.
TERMINATION
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from any and
all of our sites and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise. This agreement
will terminate immediately without notice from us if, in our sole discretion,
you fail to comply with any term or provision of this agreement. Upon termination,
you must destroy all materials obtained from this Site and any and all of our
other sites and all copies thereof, whether made under the terms of this agreement
or otherwise.
DISCLAIMER
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND
THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK.
Bandai DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. NEITHER BANDAI, NOR ITS PARTNERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS
OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE
OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE
SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM
FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND/OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. BY USING THIS WEB SITE AND/OR
POSTING MATERIAL, YOU AGREE TO INDEMNIFY BANDAI, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES
AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT.
You specifically acknowledge and agree that we and/or our affiliates are not
liable for any defamatory, offensive or illegal conduct of any user. We also
assume no responsibility, and shall not be liable for any damages to, or viruses
or other harmful components that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in the Site (including
any Bulletin Board) or the server that makes it available, or your downloading
of any Materials from the Site.
We are distributor of content supplied by third parties. Any opinions, advice,
statements, services, offers or other information or content expressed or made
available by third parties are those of the respective authors or distributors
and not of us. Without limiting any of the foregoing limitation or disclaimers,
neither we nor any third party provider of information guarantees the accuracy,
completeness, or usefulness of any content provided on or through the Site.
We will have the right at any time to change or discontinue any aspect or feature
of the Site, including without limitation content, hours of availability, and
equipment required for access or use.
We do not warrant or make any representations of any kind or nature with respect
to the Materials. Therefore, you are responsible for compliance with local laws,
if and to the extent local laws are applicable.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING
OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE
OR THE MATERIALS CONTAINED WITHIN THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST
REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS
SHALL APPLY WHETHER OR NOT WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER
PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE, OUR AFFILIATES, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH
THE CREATION, PRODUCTION OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE
FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY'S
TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR
ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA
FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS
OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL
ACT OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH
THE CREATION, PRODUCTION OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY
SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental
or consequential damages so the above limitation or exclusion may not apply
to you. In no event shall our total liability to you if any for all damages,
losses, and causes of action, whether in contract, tort (including without limitation
negligence), or otherwise exceed the amount paid by you, if any, for accessing
this Site.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION
OF OUR SITE OR THE SERVICES TRANSMITTING OUR SITE TO YOU, YOU AGREE TO BE RESPONSIBLE
FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES)
ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL
DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, "TECHNICAL DISRUPTION"
MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION
OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE
UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER
SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE
NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED
BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS
PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT YOU SHALL BE SOLELY LIABLE
FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES)
ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING
FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold Bandai and its partners and their
respective employees, officers, directors, shareholders, agents, consultants
and licensees harmless from and against any and all liabilities, claims and
expenses, including attorney's fees, that arise from your use or misuse of the
Site or the Content therein, including without limitation your violation of
the Terms of Use herein. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in asserting any available
defenses.
MONITORING
Bandai shall have the right, but not the obligation, to monitor the content
of the Site, including chat rooms and forums, to determine compliance with this
Agreement and any operating rules established by Bandai and to satisfy any law,
regulation or authorized government request. Bandai shall have the right in
its sole discretion to edit, refuse to post or remove any material submitted
to or posted on the Site without your permission. Without limiting the foregoing,
Bandai shall have the right to remove any material that we, in our sole discretion,
find to be in violation of the provisions hereof or otherwise objectionable.
Notwithstanding the foregoing, Bandai is not responsible for the content that
you or any user posts on any forum on the Site and your reliance on any such
content is solely at your own risk.
MISCELLANEOUS
This agreement shall be governed by and construed in accordance with the laws of the United States of America, Canada, and Mexico, without giving effect to any principles of conflicts
of law. If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating to the
subject matter herein and shall not be modified except in writing, signed by
both parties.
IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS
OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT
THE SITE.
You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.
Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.
After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.
Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.