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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.