1. Subject General Terms and Conditions of Use Agreement
The General Terms and Conditions of Use set out below define the rules of use and the rights and obligations of Users of the Internet site www.namcobandaigames.eu (hereafter: the Website) and subdomain hosted third party content as part of the promotion of our Group’s products, published by Namco Bandai Partners SAS part of the Namco Bandai group whose head office is situated 49-51, rue des Docks, CS 90618, 69258 Lyon Cedex 09, France.
Namco Bandai Partners SAS is responsible for the Website on behalf of itself and its associated and affiliated companies.
1.1 - Acceptance of these Terms and Conditions of Use
This Agreement constitutes a contract between the User and Namco Bandai Partners SAS.
By registering on the Website the User declares his/her explicit acceptance without reserve of the present Terms and Conditions of Use, and his/her undertaking to respect the contents of this Agreement. The User declares to have read and entirely understood these Terms and Conditions of Use.
1.2 - Definitions
Beta Version: designates the current status of the Website which does not yet include final functionality.
Catalog: designates the page of the Website that presents the different gifts and goodies.
Community: the group of Users registered on the Website.
Community Zone: a zone of the Website that allows registered Users to put content online including notably images and videos, and to post messages addressed to the Community.
Content: the totality of information, data, text, photos, videos, made available online by Namco Bandai Partners SAS.
Content posted by the Community: the totality of information, data, text, photos, videos, links, made available online by the Community.
My Profile: User accounts can be accessed within the Community Zone via login and password. Users can add or modify his/her Personal Data from the My Profile tab.
Personal Data: all information provided by the User during registration for the Community Zone. Personal Data such as surname, first name, nick name, address, can be provided and modified in the My Profile tab.
User: any visitor to the Website.
Website: the website www.namcobandaigames.eu and all associated sub-domains.
1.3 - Access to the Community
To be able to exploit all elements of Website functionality, the User is invited to create an account by completing the registration form intended for this end. When the registration form is validated by the User, he/she receives an email that contains a registration confirmation hyperlink. Access to the community is via login and associated password for whose confidentiality the User is wholly responsible.
1.4 - Access to the Website by minors
Parents and guardians are advised to supervise the use of the Website by a minor. The Website may contain content intended for adult Users. It is the responsibility of parents and guardians to determine whether content is appropriate for minor Users, and to supervise his/her use of the Website.
In using the Website, a minor User declares that he/she has taken meaning of this Agreement with a parent or guardian.
1.5 - Applicable law and jurisdiction
This Agreement is subject to French law. Any litigation resultant from this Agreement is the exclusive jurisdiction of the courts of Lyon.
1.6 - Availability of the Website
Access to the Website is planned 24 hours per day, seven days per week, except in case of maintenance for upgrades or corrections. Under no circumstances will Namco Bandai Partners SAS bear any responsibility for any losses incurred due to limited access or lack of access.
2. Protection of Users Personal Data
The Website is hosted in the United States by Rackspace US, Inc. whose head office is situated 5000 Walzem Road, San Antonio, Texas, 78218, Safe Harbour certification protects Personal Data. Any information provided or collected via the Website will be stored on the server(s) allocated to Namco Bandai Partners SAS.
Namco Bandai Partners SAS declines any responsibility concerning personal data passing through third party services such as Facebook and Janrain.
2.1 - Applicable data protection law
The storage of Personal Data is subject to loi n°78/17 of 6 January 1978, called Informatique et Libertés, (French law), or subject to local laws pertaining to the protection of Personal Data. Namco Bandai Partners SAS reserves the right to send User Personal Data to any other company of the parent group and, if the User ticked the "Opt-in" option during his/her registration, specifically to send User Personal Data to companies of the parent group in the country of residence of the User in order to facilitate the processing of User requests. In this second case, the storage of User Personal Data will be subject to the applicable laws for the protection of Personal Data in the country where the company is located.
2.2 - Use of Personal Data provided at registration
The Personal Data provided by the User at registration is treated as strictly confidential. Namco Bandai Partners SAS undertakes never to sell or transmit Personal Data to third parties, except under legal obligation.
Notwithstanding the above Namco Bandai Partners SAS reserves the right to transmit User Personal Data to any other company of the parent group in order to facilitate the processing of User requests.
Personal Data is not visible to other member of the Community with the exception of data published on the public profile.
2.3 - Modification and removal of Personal Data
At any time, a User can update or remove Personal Data about him/her in the My Profile tab. Account removal is irreversible and results in the permanent loss of all data provided by the User and any associated information.
2.4 - Use of cookies
Forms on the Website use cookies to facilitate browsing the Website and to improve the User experience.
2.5 - Use of Third Party Services
Sites published by Namco Bandai Partners SAS may be linked to Third Party Services in order to facilitate the subscription, connection and/or participation in promotional events. NBP SAS cannot be held responsible for any issue arising from use of one these Third-Party Services.
3. Charter of Good Conduct
3.1 - Use of the Website
The User undertakes to respect the provisions of the law Informatique et Libertés (French law) and is aware that any violation of this law may result in criminal prosecution. Notably, the User undertakes not to act in any way that is an infringement upon the private life or a defamation of another person. The User also undertakes to respect the Charter of Good Conduct included in this Agreement.
Under no circumstances may Namco Bandai Partners SAS be held responsible for damages resulting from misuse of the Website.
Any commercial use of information, in form of text, sound, or graphics, presented or exchanged on the Website is strictly forbidden.
Rule #1: Respect the organisation of the platform
Posts should be created in the appropriate section of the platform. Users are requested to read the description of the different sections before posting any information. Before creating a new topic or posting a tip, Users should check that no similar topic or tip already exists. Namco Bandai Partners SAS reserves the right to remove duplicate topics or tips.
Rule #2: Respect the Community
Members of the Community should contribute to the general good conduct of the Community by respecting other Users. Any abuse, defamation, threat, or violation of the rights of another User will be met with sanctions that may range from a warning to a ban.
Rule #3: A video games Community
Members of the Community should keep in mind that the Website is a public forum for video gamers. Offensive or inappropriate content, whether text or images or links, and topics concerning politics or religion or any other topic deemed to be sensitive are prohibited.
Rule #4: Respect for Intellectual Property
The Website is designed and managed by Namco Bandai Partners SAS. All intellectual property rights pertaining to content, whether text or sound or graphics, present on the Website are the property of Namco Bandai Partners SAS, its partners and affiliated companies in the Namco Bandai group. Users undertake to respect these intellectual property rights and not to violate them.
Users equally undertake to respect the rights of authorship of other Users and those of any other person, website, or media. Any User that shares content, whether text or image or video, without the express permission of the author or without a direct link to the source of the content will receive a warning and the offending post will be removed.
Any post containing illicit content such as streaming videos or advertisements, etc., whether by linking or by direct integration, will be removed and the author of the post will be sanctioned.
Rule #5: Respect for Readers
Members of the Community undertake to show respect to all prospective viewers of published content when contributing to topics. Members will endeavour to respect the norms of spelling and grammar of their language when posting. Abbreviations and "texting" language are prohibited. Users must create meaningful posts and subjects that are legible and do not contain an excessive number of emoticons or a typeface that is too large, too small, too colourful, etc., or that contains any other embellishments that do not facilitate comprehension. Users also undertake to refrain from abusive use of capitals or excessive punctuation, (! and ?) in the titles of their posts.
Rule #6: Prohibition of spam
Spamming is prohibited. Recruiting members of the Community to external sites (forums, blogs, etc.) is considered spamming and is equally prohibited.
Rule #7: Respect for moderation procedures
The moderation and administration teams reserve the right to edit and/or remove any post at any time without warning that they deem to violate the terms of this Agreement or French law, or local law, or for any other reason.
The author of the offending post will receive a sanction that may range from a simple warning to a permanent ban from the Community in the case of a serious breach of the rules.
4. Users And Website Functionality
The creation of a User account enables the User to access Website functionality affecting interactions with the Website and other Users. These functions notably include the creation of topics and tips, and inter-User Private Messages. The functionality that is made available and its mode of operation are entirely at the discretion of Namco Bandai Partners SAS and Users have no right to redress concerning the modification or withdrawal any of all functions from the Website.
4.1 - User Connection details
The User's connection details (login and password) are chosen by the User during registration for the Website. In the case of a lost or forgotten password, Users can request an automatically generated replacement password that he/she will receive by email.
The User is responsible for the confidentiality of his/her password. Namco Bandai Partners SAS does not hold passwords and cannot be held responsible for any damages or data loss resulting from lost or forgotten connection details. The User must immediately inform the Website administrator by Private Message of any unauthorised access to his/her account.
4.2 - Principles of the Community Zone
The Community Zone of the Website enables registered Users to participate and create content that may be viewed by the Community, whether in topics or tips.
Producing content, whether in topics or tips, earns Points for the User based on the Actions-Points Table defined by Namco Bandai Partners SAS, (see Actions-Points Table section).
Points may be exchanged for gifts and goodies. When the User has accumulated sufficient Points, these may be exchanged for the corresponding gift or goody indicated in the Gift-Points Table that appears in the Catalog. The definition of the Gift-Points Table is entirely at the discretion of Namco Bandai Partners SAS which reserves the right to modify the format and details at any moment.
4.3 - Actions-Points Table
The definition of the Actions-Points Table is entirely at the discretion of Namco Bandai Partners SAS which reserves the right to modify the format and details at any moment. Users have no right to redress concerning a modification and specifically in the case of an increase in the number of Points required to obtain a gift or goody. The User is responsible for regularly checking the Actions-Points Table.
The number of Points the User has accumulated can be consulted in the My Profile tab using his/her connection details.
The Actions-Points Table is defined based on the factors described in the following hyperlink: http://www.uk.namcobandaigames.eu/community/how-it-works
In the case of a modification to the Actions-Points Table, previously accumulated Points will remain unchanged. Points will not be calculated retroactively. Users will not receive supplementary Points due to a change in the Actions-Points Table, except in exceptional circumstances.
4.4 - Gift-Points Table and exchanging Points
Users may exchange Points for the associated gifts and goodies that may be material (goodies) or immaterial (DLC).
The number of Points associated with each gift and goody can be consulted in the Gift-Points Table of the Website Catalog.
The definition of the Gift-Points Table is entirely at the discretion of Namco Bandai Partners SAS which reserves the right to modify the format and details at any moment. Users have no right to redress concerning a modification and specifically in the case of an increase in the number of Points required to obtain a gift or goody, or the temporary or permanent unavailability of a gift or goody.
Gifts and goodies are available in limited quantities. If stocks run out, Namco Bandai Partners SAS reserves the right to replace any gift or goody with another of equal value without further right to redress.
4.5 - Delivery of articles and valid postal addresses
Users requesting to receive gifts and goodies by post must provide a full and correct postal address. Namco Bandai Partners SAS reserves the right not to send articles in cases where the postal address is incomplete or missing. Under no circumstances is Namco Bandai Partners SAS responsible for delays in delivery or the loss of articles by the postal services or any other service outside Namco Bandai Partners SAS.
Namco Bandai Partners SAS assumes the full costs of postal delivery of articles.
4.6 - Personal Mailbox Functionality
Namco Bandai Partners SAS provides Personal Mailbox functionality to the User that enables him/her to enter into direct contact with other members of the Community via Private Messages. Users undertake to respect the Charter of Good Conduct when using this functionality.
Under no circumstances can Namco Bandai Partners SAS be held responsible for Private Messages exchanged using this functionality.
Undesirable or abusive Private Messages received from Users should be reported by Private Message to the Website administrator who may issue a warning or even ban the User sending the undesirable Private Message.
4.7 - Moderation of Private Messages
Moderation of a Private Message is by Users of the Community and is initiated by a self-declared voluntary moderator.
Any User may report a message that violates this Agreement and/or the Charter of Good Conduct using the Report function.
Abuse of the Report function will be met with sanctions. These sanctions may include a reduction in Points, a warning, or ban from the Website.
Under no circumstances can Namco Bandai Partners SAS be held responsible for the content of Private Message that violates the Charter of Good Conduct included in this Agreement or any resultant loss or damage.
4.8 - User Bans
Namco Bandai Partners SAS reserves the right to ban any User in violation of this Agreement and/or the Charter of Good Conduct.
In the case of a temporary ban, the User's account and Points are frozen. A permanent User ban will result in the removal of the User's account and, from this fact, the total and irreversible loss of Points, Private Messages, and all benefits of actions on the Website without possible redress.
4.9 - Sending Newsletters
When creating an account, a User can use the "Opt-in" field of the form to choose to receive newsletters related to his/her interests from Namco Bandai Partners SAS and its affiliates.
Users can choose not to continue receiving newsletters at any time from the My Info section of the My Profile tab.