Last Modified: April 16th, 2020
These terms of use are entered into by and between You and BANDAI CO., LTD ("Company") (collectively "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of the application “ZENONZARD” (the “App”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the App. By accessing and/or using the App, you accept and agree to be bound and abide by these Terms of Use and the separately-specified "'ZENONZARD PRIVACY POLICY'" (the “Privacy Policy”) incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.
[THE FOLLOWING TERMS OF USE CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS AND CLASS ACTIONS, AND ALSO LIMTS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE BELOW FOR MORE INFORMATION.]
This App is offered and available to users who are 16 years of age or older.
We make no claims that the App or any of its content is accessible or appropriate in the country you access the App from. Access to the App may not be legal by certain persons or in certain countries. When you access the App, you do so on your own initiative and are responsible for compliance with local laws.
By using this App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
We may revise and update these Terms of Use from time to time and for any reason in our sole discretion. You shall be notified of any change to these Terms of Use by notice on the App screen. All changes are effective when posted, and apply to all access to and use of the App thereafter. Your continued use of the App following notice of revised Terms of Use means that you accept and agree to the changes. If you cannot agree to the revised Terms of Use, you shall immediately uninstall the App from your own device such as a smartphone (herein after referred to as the “Device”).
You are solely responsible for downloading and installing the App on the Device, and we do not guarantee that the App will be compatible with the Device. You shall bear any and all expenses for the Device and any service or usage fees associated with the Device required to use the Service.
We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users. The Company reserves the right to stop offering and/or supporting the App or a particular part of the App at any time either permanently or temporarily, at which point your right to use the App or any part will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the App or for Virtual Items previously earned or purchased.
To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy https://www.aicarddass.com/zenonzard/en/wb/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. If we determine that you have violated any provision of these Terms of Use, we have the right to suspend the use of the App or delete your account (“Suspension”) without any notification to you, and we shall not be responsible for any damage caused to you. You shall continue to be responsible for any and all obligations incurred up to and including the effective date of such Suspension.
“Virtual Items” means: (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services; and (b) virtual in-game items. You do not own any Virtual Items that you obtained through the App, regardless of whether you “earned” those Virtual Items or “purchased” them. Your account and any related Virtual Items are owned by the Company. The Company gives you a limited license and right to use your account and the related Virtual Items while we offer the App. You are not allowed to transfer Virtual Items outside of the App (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your account because of it.
TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E. NOT LOGGED INTO) FOR 180 DAYS.
We provide a service in the form of access to games, Virtual Items, and our other services. You may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.
You may purchase Virtual Items through the payment methods available in the App. The price of the product will be the price indicated on the order page when you place your order. You understand that while you may “earn,” “buy,” or “purchase” Virtual Items, you do not legally “own” the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your account does not constitute real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH THE APP OR ANOTHER PLATFORM.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. The Company may revise the pricing for the goods and services it licenses to you through the App at any time.
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All items provided to you through the App (including Virtual Items) (“Items”) and any data related to the use of the App belong to the Company or third parties from whom the Company has obtained use permission thereof. Words such as “purchase”, “sale”, etc. that are displayed in the App shall not transfer any rights, including ownership rights, to you.
You acknowledge and agree that the specifications, rules, designs, audiovisual expressions and effects, parameters, scenarios and all other aspects of the App may be configured, constructed and changed by the Company at will.
These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, except that your Device may temporarily store copies of such materials incidental to your accessing and viewing those materials. You must not modify copies of any materials from the App.
The Company name, the Company trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
Additionally, you agree not to:
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any content created by a user using the App (“User Created Content”) will be considered non-confidential and non-proprietary. By providing or generating any User Created Content on the App, you grant us right, title and interest in and to such User Contribution.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Created Content you create, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Created Content created by you or any other user of the App.
We have the right to:
You shall resolve any and all disputes with any third party arising from your use of the App (including prohibited acts) on your own and at your own expense. If the Company or any third parties suffer any damage due to such disputes, you shall be obligated to compensate the Company and/or any third party for such damage.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is made available on the App, and cannot ensure prompt removal of objectionable material after it has been made available. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You may uninstall the App at any time at your own discretion. The Company shall have no obligation to retain any information (including card data or profile information) of a user who has uninstalled the App. WE MAY DELETE OR TERMINATE ACCOUNTS IF THE APP IS UNINSTALLED FROM YOUR DEVICE OR ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
These content standards apply to any and all User Contributions and use of the App. User Created Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Created Content must not:
If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to the following: https://global.carddass.com/club/docs/zenoinquiry/. It is the policy of the Company to terminate the user accounts of repeat infringers.
All information we collect on the App is subject to our Privacy Policy https://www.aicarddass.com/zenonzard/en/wb/privacy/. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If the App contains links to other apps, sites, or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we are not responsible for these other companies’ content, business practices, or practices, or privacy policies, or for how they collect, use, or share the information they get from you. We accept no responsibility for those sites our resources or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party content linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such content.
We may request, or you may provide, your feedback on certain features through a promotion or other customer insights program. The following terms shall apply to your Submission:
You understand that we cannot and do not guarantee or warrant that content available for downloading from the internet or the App will be free of viruses or other destructive code. Further, the Company does not guarantee the completeness or accuracy of the information provided by the Company, and the Company will not guarantee that the App can be used or that the play data of the user will be reflected on the App. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY CONTENT LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Created Content, any use of the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App, as well as any such use through your user account, if applicable, whether or not authorized by you.
All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Japan without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be exclusively instituted at Tokyo District Court in Tokyo, Japan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the foregoing, if required by the Company in its sole discretion, you agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms of Use, your relationship with us, or the App, including but not limited to your use of the App and information you provide via the App, through final and binding arbitration in accordance with the then-current [International Chamber of Commerce (“ICC”) rules and procedures. This applies to all claims under any legal theory. This agreement to arbitrate also applies even after you stop using your account or delete it. (In this Section “Arbitration”, you and the Company may be referred to individually as “a party” or collectively as “the parties.”)
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms of Use, you and the Company agree to give up the right to a trial before a judge and jury.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms of Use, you and the Company agree to give up the right to a trial before a judge and jury.
In addition, if you or the Company brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim).
Arbitration shall be initiated in Tokyo, Japan. You and the Company further agree to submit to the personal jurisdiction of Tokyo District Court in Tokyo, Japan in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the ICC Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the ICC Rules.
Payment of all filing, administration, and arbitrator costs and expenses imposed by the ICC will be governed by the ICC rules, provided that if you are initiating an arbitration against the Company and the value of the relief sought is ten thousand dollars ($10,000) or less, then the Company will advance all filing, administrative, and arbitration costs and expenses imposed by ICC (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous, you agree to reimburse the Company for all such cost and expenses that the Company paid and that you would have been obligated to pay under the ICC rules.
The parties all agree that they will go to Tokyo District Court to resolve the following disputes:
By voluntarily accepting these Terms of Use, you and the Company agree that the parties can only bring a claim against each other on an individual basis.
That means:
If this section (Class Action Waiver) is found to not be enforceable or valid, then the entire Sections Arbitration and Class Action Waiver will be null and void, but the rest of the Terms of Use will still apply.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BANDAI CO., LTD. regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
This App is operated by BANDAI CO., LTD. 1-4-8 Komagata, Taito-ku, Tokyo, 111-8081 Japan.
All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: zenonzard-support-en@ambition.ne.jp