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Shiftylook

Terms Of Service

Last Modified: March 9, 2012

Greetings!

Welcome and many thanks for using ShiftyLook ("Service"). NAMCO BANDAI Games Inc. ("Company"), located at 4-5-15, Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan, is the provider of the Service and sets forth the following rules, which you agree to by using the Service. You also agree to follow any additional guidelines as posted by the Company, including the ShiftyLook Privacy Policy.

BANDAI NAMCO ID Account

In order to use some parts of the Service, a BANDAI NAMCO ID account may be required. Visit the BANDAI NAMCO ID website for more information on BANDAI NAMCO ID and to view its Terms of Service and Privacy Policy. Customer support for BANDAI NAMCO ID is only available through the BANDAI NAMCO ID website.

A BANDAI NAMCO ID account is required to create a Service nickname, and you may delete your nickname via the Contact page, but not your BANDAI NAMCO ID account. Certain nicknames may not be allowed, solely at Company's discretion, and Company reserves the right to modify, block, or delete nicknames which are in violation of the Code of Conduct. Company additionally reserves the right to suspend and/or ban users who repeatedly violate the code of conduct.

User-Generated Content

Certain portions of the Service may feature content created by users. Company does not prescreen all content, and does not endorse or approve any content that you and other users may contribute to the service. You are personally responsible for your use of the Service for all User-Generated Content you contribute.

If you create any User-Generated Content, you grant to Company a royalty free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable license to utilize your User-Generated Content in any manner without notice, payment or attribution of any kind to you or any third party, and grant Company all licenses, consents, and clearances to enable Company to use such User-Generated Content for these purposes, and you waive, and agree not to assert, any moral or similar rights you may have in the User-Generated Content to the fullest extent permitted by law.

Code of Conduct

You agree to be responsible for your own behavior when using the Service, including posting or uploading User-Generated Content. Company reserves the right at its sole discretion to remove, block, edit, move or disable any content it finds objectionable for any reason.

When using the Service, you agree to refrain from the engaging in, posting, or linking to anything illegal or otherwise generally considered objectionable/inappropriate, including but not limited to use of vulgar language, spamming, promoting business services, impersonating others, sexually explicit content, and accessing or attempting to gain access to any account other than your own. Please be respectful and smart about how you use the Service so everyone can enjoy it!

Copyright

If you are a copyright owner or an agent thereof and believe that any posting or other content infringes upon your copyrights, you may submit a notification the Company's Copyright Agent as provided below.

However, in order to your notification to be effective within the United States Digital Millennium Copyright Act ("DMCA"), your notification to the Copyright Agent must be in writing (see 17 U.S.C 512(c)(3) for further detail) as satisfying the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company's Copyright Agent designated to receive notifications of claimed infringement is:
NAMCO BANDAI GAMES Inc., 4-15-5, Higashi-shinagawa, Shinagawa-ku, Tokyo 140-8590, Japan
Email: copyrightagent@shiftylook.com.
(Only copyright notices should go to the Copyright Agent.)

If you fail to comply with all of the above requirements, your copyright notice may not be valid.

If you have had a posting removed under the above take-down procedure, and you believe that the posting is not infringing, you may send a counter-notice to the Copyright Agent as satisfying the following:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent the jurisdiction of the Tokyo District Court in Tokyo, Japan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company's sole discretion.

Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, COMPANY'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS, OR SERVICES. COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO DELETE YOUR NICK NAMES AND/OR PERSONAS ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. IN NO CASE SHALL COMPANY OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY FOR COMPANY SERVICES. IN NO CASE SHALL COMPANY OR COMPANY AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR BANDAI NAMCO ID ACCOUNTS. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICE. COMPANY DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS OR SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY'S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Modification

The Company reserves the right, at its discretion, to change, modify, add or remove portions of These Terms. It is your responsibility to regularly check these Terms of Service. Revisions to terms affecting the Service shall be effective fifteen (15) days after posting, and new Terms of Service are effective immediately upon posting.

Jurisdiction

The laws of Japan govern these Terms of Service and your nicknames(s); and you expressly agree that exclusive jurisdiction for any claim or dispute with Company, arising out of or relating in any way to your nickname(s) or your use of the Service resides in the Tokyo District Court, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.

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“NAMCO HIGH” Terms of Service

“NAMCO HIGH” (the “Services”) shall be used or may be cancelled as follows:
・Before using the Services, you need to register BANDAI NAMCO ID (“BANDAI NAMCO ID Membership”). You may be required to enter BANDAI NAMCO ID while using the Services.
・Once you cancel BANDAI NAMCO ID Membership, all your play data stored through your use of the Services will be deleted. Such data will not be restored even if you re-register BANDAI NAMCO ID Membership.

Requirements for Use of the Services

1. If you are a resident of the U.S.;
(i) YOU CAN NOT USE THE SERVICES UNLESS YOU ARE 13 OR OLDER, and
(ii) if you are 13 or older but under the age of majority which shall be defined in accordance with applicable laws of the state where you reside, you should first read and understand the Terms of Service with your legal representative (e.g., your parent or a person who has parental authority) and obtain the consent of such legal representative before you agree to the Terms of Service.

2. If you are NOT a resident of the U.S., and under the age of majority which shall be defined in accordance with applicable laws of the country/region where you reside, you should first read and understand the Terms of Service with your legal representative (e.g., your parent or a person who has parental authority) and obtain the consent of such legal representative before you agree to the Terms of Service.


The following provisions provided herein by NAMCO BANDAI Games Inc. (“Company”) apply to your use of the Services. Additionally, in using the Services, you shall comply with relevant terms of use/service provided by payment services agency designated by Company (the “Payment Agency”).

Company may change the Terms of Service from time to time without giving you any prior notice. Company shall notify you of such changed Terms of Service on the homepage of “Shifty Look”service in which the Services are provided by Company.

Your continuance of use of the Services after Company has changed the Terms of Service shall be deemed your acceptance of such change.

Use of the Services requires an environment which allows connection to the Internet. Therefore, please use the Services in such environment. For the avoidance of doubt, you shall bear any and all communication fees incurred in using the Services.

Use of Paid Content

1. You can purchase non-free content within the scope of the Services (“Paid Content”) by using the digital tier (the “Code”) which is sold at Payment Agency’s website. As for the selling price of the Code, please refer to the purchase page managed and run by Payment Agency.

2. Purchase of the Code shall be made in accordance with the payment method and means designated by Payment Agency.

3. Company may change the price and the specifications of Paid Content and may decide to terminate the sale thereof at its sole discretion.

4. In the event there are defects that interfere with the use of Paid Content, such defects shall be repaired, or substitute items shall be provided by Company.

5. In the event you incurred damage because of interference with your use of Paid Content which was caused due to a reason attributable to Company, Company shall compensate you for such damage. In such event, the maximum amount of such compensation shall be the amount of Paid Content that you have purchased in the month to which the date of occurrence of such damage belongs, provided however that, the above provision shall not apply to the damage caused due to willful misconduct or gross negligence of Company.

Termination

1. In the event Company judges that you have breached the Terms of Service, Company may terminate any and all agreements related to the Services, or suspend or discontinue the provision of the Services to you without giving you notice to request you to cure such breach or notice of termination of the above agreements.

2. Even in the event Company has terminated the aforementioned agreements in accordance with the above Paragraph, you shall continue to be liable for any and all payment obligations assumed by you on or before such termination.

Prohibition

1. You shall not conduct the acts that fall under or likely to fall under the following:
・criminal acts or acts that violate public policy;
・acts that infringe any rights of Company or a third party such as property, reputation, and privacy, etc.;
・acts of providing false information or acts of using the Services for fraudulent purposes;
・acts that obstruct the provision of the Services or acts that slander the Services;
・acts of reprinting, reproducing, modifying, accumulating, or forwarding the contents of the Services;
・profit-making acts by using the Services; or
・acts that violate the Terms of Service, laws, or regulations.

2. You shall not transfer or assign any rights or obligations arising between you and Company in relation to the use of the Services to a third party without the consent of Company.

Disclaimer

1.COMPANY DOES NOT WARRANT THAT (I) THE SERVICES CAN BE USED IN ANY ENVIRONMENT, (II)YOUR PLAY DATA WILL BE REFLECTED WHEN USING THE SERVICES, OR (III) THE SERVICES ARE FREE OF ERRORS AND DEFECTS. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE SERVICES OR THE CONTENTS PROVIDED BY COMPANY THROUGH THE SERVICES.

2.COMPANY MAY, WITHOUT GIVING YOU PRIOR NOTICE, CHANGE THE CONTENTS OF THE SERVICES, SUSPEND OR DISCONTINUE THE PROVISION OF THE SERVICES WHICH INCLUDE THE USE OF PAID CONTENT.

3. EXCEPT THE CASE WHERE COMPANY ASSUMES CERTAIN LIABILITY PURSUANT TO THE ABOVE PROVISIONS OF “USE OF PAID CONTENT”, COMPANY DOES NOT ASSUME ANY LIABILITY FOR DAMAGES INCURRED BY YOU OR A THIRD PARTY DUE TO INABILITY TO USE WHOLE OR PART OF THE SERVICES, TERMINATION OF AGREEMENTS RELATED TO THE SERVICES, OR CHANGE OF THE CONTENTS OF THE SERVICES, SUSPENSION OR DISCONTINUANCE OF THE PROVISION OF THE SERVICES, ETC., REGARDLESS OF THE CAUSE THEREOF.

4. Provision of the Services, in whole or in part, may be suspended in the event that:
・an act of God has occurred;
・a rebellion, strike, or the like has occurred;
・an unforeseen accident, such as fire, blackout, or the like has occurred;
・an emergency has occurred; or
・Company deems it necessary, such as for urgent maintenance.

5. In addition to the events set forth in the above Paragraph 5, in no event shall Company assume any liability for any damage incurred by you due to a cause beyond control of Company.

6. Company shall not be held responsible for resolving disputes which arose between you and a third party.

Rights

1. Any and all rights, such as copyrights, intellectual property rights, etc. related to the Services shall belong to Company or a third party from whom Company has obtained a license for the use thereof.

2. Non-exclusive license to use all contents provided to you via the Services has been granted to you by Company for the sole purpose of private and non-profitable use thereof within the scope of the Services in accordance herewith, and you may not use such contents for other purposes.

Governing Law and Jurisdiction

1. The Services and the Terms of Service are governed and construed by the laws of Japan.

2. In case that it has become necessary to file a suit between you and Company in relation to the Services or the Terms of Service, such case shall be brought to the Tokyo District Court as the court having exclusive jurisdiction in the first instance.

Privacy Policy

Company shall strictly manage your personal information obtained by Company through the Services in accordance with “Privacy Policy” established by Company separately from the Terms of Service. Company may use the above information solely for the purpose of customer support and the operation of the Services.

End.

Effective Date: December 17, 2013

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