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terms and conditions.txt
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2001-12-28
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Terms and Conditions for Use of This Web Site
1. By visiting or using this Web site in any way, or linking to
this Web site, you are entering into an agreement with Bandai
America Incorporated ("BAI") to be bound by the then-current
version of these Terms and Conditions. You are also bound by
all other applicable laws. This is the entire agreement between
you and BAI relating to this Web site. BAI has the right to
revise these Terms and Conditions at any time.
2. ALL CONTENT OF THIS WEB SITE, INCLUDING ANY SOFTWARE, IS
PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, BAI DISCLAIMS ALL WARRANTIES
AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH
CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND
REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. ALTHOUGH BAI WISHES THE CONTENT OF THIS
WEB SITE TO BE ACCURATE, COMPLETE, AND CURRENT, BAI DOES NOT
WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEB SITE
(INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT,
THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT, AND
THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
3. UNDER NO CIRCUMSTANCES WILL BAI BE LIABLE TO ANY PERSON
OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED
ON OR CAUSED BY ANY USE OF THIS WEB SITE OR ANY OTHER WEB
SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEB
SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED
FROM ANY SUCH WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR
LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF BAI HAS
BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO
YOU IN WHOLE OR IN PART.
4. BAI controls and operates this Web site from California
and makes no representation or warranty that the content of
this Web site is appropriate, lawful, or available for use
in other geographic locations. If you use this Web site from
other locations, you are responsible for compliance with all
applicable local laws.
5. Links to other Web sites or Internet locations from this
Web site have been provided for your convenience only. BAI
does not endorse, sponsor, or approve any of the content of
such Web sites or locations. BAI has no control over any of
the Web sites or other Internet locations that you may access
through this Web site, and is not responsible for the content
or accuracy of the content of any such Web sites or locations.
If you access any other Web site or Internet locations through
this Web site, you do so at your own risk.
6. BAI owns or has the right to use all of the data,
information, text, images, sounds, icons, and other content
contained on this Web site (including software and
transmissions to this Web site), and the copyrights and other
intellectual property rights therein, unless otherwise noted.
You may review, download, and/or print one copy of the content
of this Web site, but you may not make more than one copy of
such content, modify it in any way, distribute or transmit it
to any other person or company, frame or otherwise display any
of the content of this Web site on your own or any other Web
site, or make any other use of it. Such copying, modification,
distribution or transmission, display, or use would breach this
agreement and infringe BAI's copyrights, copyrights licensed to
BAI, and/or other intellectual property rights owned by or
licensed to BAI. If you download software from this Web site,
BAI owns such copy and you are licensed to use it for its
intended purpose but may not sell copies of it, modify it,
display it, redistribute or transmit it, or use it in any other
way. If you download and/or print any content of this Web site,
you agree to maintain any and all copyright notices and other
notices or statements of proprietary rights appearing on such
content. BAI has no right or authority to authorize you to use,
download, print, copy, modify, display, distribute, or transmit
any content of any other Web site that you access from this Web
site.
7. The following are trademarks or service marks of BAI:
Bandai.com ⌐ 2002 Bandai America Incorporated.
BandaiGames.com ⌐ 2002 Bandai America Incorporated.
GundamOfficial.com ⌐ 2002 Bandai America Incorporated.
The following trademarks or service marks appear on this Web
site with the pen-permission of their owners:
Alienators: Evolution Continues TM 2002 DreamWorks L.L.C. ⌐
2002 DreamWorks L.L.C. and DIC Entertainment L.P. 3-Eyed Logo
based on "Smiley," TM Smiley Licensing Corp. Used under license
by Bandai America Incorporated. All Rights Reserved.
ANIME COLLECTORS and all related logos, names and distinctive
likenesses are the exclusive property of Bandai America
Incorporated. TM & ⌐ 2001 Bandai. All Rights Reserved. The Big
O: TM & ⌐ 2001 Sunrise: Cowboy Bebop: TM & ⌐ 2001 Sunrise;
Outlaw Star: TM & ⌐ 2001 Morning Star ╖ Sunrise/Shueisha ╖
Sotsu Agency; Escaflowne: TM & ⌐ 2001 SUNRISE ╖ TX; Pilot
Candidate: TM & ⌐ Yukiru Sugisaki ╖ Wani Books/Bandai Visual ╖
TCFG Committee. Used under license by Bandai America Incorporated.
Digimon: Digital Monsters ⌐ Akiyoshi Kongo ╖ Toei Animation.
TM & ⌐ 1997-2002 Bandai. DIGIMON, DIGITAL MONSTERS and all
related logos, names and distinctive likenesses thereof are
the property of Bandai/Toei Animation. Used under license by
Bandai America Incorporated. FOX KIDS logo TM & ⌐ 1997-2002
FOX. All Rights Reserved.
"Gundam, Gundam W, Gundam Wing, and G Gundam" and all
characters, names, distinctive likenesses, drawings and other
images contained in this product are the exclusive properties
of Sunrise Inc. and Sotsu Agency. TM & ⌐ 2001 SOTSU AGENCY ╖
SUNRISE. Used under license by Bandai America Incorporated.
Hello Kitty ⌐ 1976, 2001 SANRIO CO., LTD Used Under License.
Power Rangers Wild Force ⌐ 2002 Saban. POWER RANGERS WILD FORCE
and all related logos, names and distinctive likenesses thereof
are the exclusive property of Saban Entertainment, Inc. and
Saban International N.V. Used under license by Bandai America
Incorporated. All Rights Reserved.
You may not use any of these trademarks or service marks in any
way, for example, you may not use any such marks as links to
this Web site from other Web sites, or as machine-readable search
terms ("metatags").
8. BAI reserves the right to change or discontinue at any time,
without notice, any materials, equipment, specifications, models,
products, or services described on this Web site, or the
availability thereof. Products, methods, and processes described
on this Web site may be covered by U.S. or foreign patents
and/or other intellectual property rights.
9. Software made available on this Web site may be subject to
United States export control laws. No software from this site
may be downloaded or otherwise exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, North
Syria, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Departrnent's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using any
software made available on this Web site, you represent and warrant
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
10. If you transmit any information of any kind (including
software) to this Web site, you represent, warrant, and agree that
you have the unhindered right to do so, that such information does
not infringe the copyright, trademark, patent, trade secret, or
other intellectual property or proprietary rights of any other
person or company, that such information is not confidential or
proprietary to you or any other person or company, that such
information does not injure any other person or company, and that
BAI may copy, distribute, modify, display, disclose, obtain
intellectual property protection in its own name for, or otherwise
use such information (and any ideas embodied therein), and may
manufacture, use, and sell products, methods, and processes made
therefrom, without restriction, in any way it chooses anywhere in
the world, free of charge to BAI and without acknowledgment of
authorship or source. BAI shall not be liable for any compensation,
claims, or damages resulting from any use of any such information,
and you agree to defend and hold BAI harmless with respect to any
such compensation, claims, or damages, including attorneys fees.
11. BAI may review transmissions to this Web site from time to-time,
but is under no obligation to do so. BAI disclaims all responsibility
for the content of such transmissions and all liability arising from
such content. You may not transmit any inflammatory, libelous,
defamatory, obscene, unlawful, threatening, or otherwise objectionable
information to this Web site. BAI may remove any transmissions to this
Web site at any time. BAI shall not be liable for any compensation,
claims, or damages resulting from any transmissions to this Web site
and you agree to defend and hold BAI harmless with respect to any
such compensation, claims, or damages, including attorneys fees.
12. Your obligations under these Terms and Conditions shall continue
for as long as you access or use this Web site or use or maintain any
of the content (including software) of this Web site or copies thereof
You may terminate your obligations at any time by discontinuing your
use of this Web site and by destroying all content obtained from it,
and all copies thereof.
13. These Terms and Conditions shall be governed by the laws of
California and applicable federal laws, without giving effect to
conflicts of laws principles. If any portion of these Terms and
Conditions is unlawful, invalid, or unenforceable, then such portion
of these Terms and Conditions shall be deemed severed herefrom and
shall not affect the validity or enforceability of the remainder
of these Terms and Conditions.
⌐ 1998 Bandai America Incorporated. All Rights Reserved.