Gunpla Builders Note Terms of Use

Last Updated and Effective as of: August 5th, 2025

Welcome to Builders Note, a web-based platform that allows users to record and post their personal experiences related to building and customizing plastic model kits, such as photos and build logs, operated by BANDAI SPIRITS CO., LTD.  (“BANDAI SPIRITS”, “we”, “our” or “us”). By using the Builders Note website https://www.gn-app.com/, (the “Website” or the “Site”) and all related services, products, platforms, websites, and offerings (collectively, the “Services”), you agree to be bound by these Terms of Use (this “Agreement”). If you object to anything in this Agreement, do not use the Website or the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. FOR EXAMPLE, THE ARBITRATION SECTION BELOW CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT THE PARTIES MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

The Services are provided for your personal and non-commercial use. Any other use of the Services requires the prior written consent of BANDAI SPIRITS. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user's use of the Services, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Services, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not frame portions of the Services within another website or application. You may not resell use of, or access to, the Services to any third party without our prior written consent. The Services are only accessible via an Internet web browser, and are not available through a desktop or mobile application.

The Services are intended only for users who are sixteen (16) years of age or older. By using the Services, you represent and warrant that you are at least sixteen (16) years of age.

In order to access certain services on the Services, you will be required to set up an account (the “Account”) using Bandai Namco ID by following the instructions located at: https://account.bandainamcoent.com/. Any usernames or passwords provided should be safeguarded at all times. You are solely responsible for keeping your usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, BANDAI SPIRITS will not be liable for any loss you may incur as a result of someone other than you using your account to access information, either with or without your knowledge. If there is no actual use of all or part of the Service by you for a period of time determined separately by BANDAI SPIRITS (one (1) year if not specified), BANDAI SPIRITS may delete all or part of your Account, including, at BANDAI SPIRITS’ discretion, all information and data contained therein.

Once you set up your Account, more information is necessary to complete a purchase, such as your address and payment information.  You agree to pay all fees charged to your Account (“Fees”). Fees are payable in U.S. dollars, unless otherwise agreed to by BANDAI SPIRITS. Payments are nonrefundable except as provided in this Agreement. By submitting payment information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.  You further warrant and represent that all information you provide to us when you use our Services is and will remain complete and accurate.  By submitting your information, you grant us the right to use it and to provide it to third parties for the purposes of facilitating the completion of your transaction. In certain cases – including with regard to credit card information - that information may go directly to the third party and not to us, in which case additional terms and conditions will apply as specified by that party.  In addition to all other rights available to us, we reserve the right, in our sole discretion, to verify your information prior to processing your purchase, cancel any purchase, refuse service to you, or terminate your Account. Remember, you are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your Account, including any unauthorized use of your password or any other access codes.

We may provide you with in-app currency (“Builders Note Currency“) issued exclusively for the Services for a fee or for completing certain tasks and missions in connection with the Services. Builders Note Currency has no value outside the Services. Builders Note Currency can only be used within the Services on which the app currency is provided. We will not refund or redeem the Builders Note Currency for cash or exchange it for money or vouchers, except as required by law. If there is a defect in the paid content, we may substitute the repair or restoration of the defect by providing a replacement product. Builders Note Currency is void where prohibited by law and is non-transferable, non-refundable, has no cash value, and cannot be redeemed for cash. You may not assign or transfer any Builders Note Currency. Builders Note Currency cannot be sold, traded, bartered, assigned or transferred to or shared with a third party or auctioned through an online auction site. Builders Note Currency may be null and void if not obtained through authorized, legitimate channels. All Builders Note Currency details not specified in this Agreement will be determined in BANDAI SPIRITS’ sole and absolute discretion. Builders Note Currency is provided “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). We have the right to modify, delete, move, remove, or suspend any Builders Note Currency at any time with or without notice to you and with no liability of any kind to you.

Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible, however, we do not warrant that any product, measurement or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Services, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Services at any time without notice, and/or refund any amount charged.

a. Our License to You
BANDAI SPIRITS is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, any other information contained in our products such as Gunpla and Gunpla kits that are the subject of your submission, and other intellectual property or proprietary rights contained therein. Some materials on the Services belong to third parties who have authorized BANDAI SPIRITS to display the materials, such as associated creative assets, and other proprietary materials. By using the Services, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.

ou are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Services provided, however, that such license is subject to your compliance with this Agreement. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by this Agreement.

b. User Generated Content
Subject to the limitations set forth herein, you may have the ability to upload text, images, comments, video clips, and other communications and content through the Services (“Your Content”). You are responsible for Your Content and you represent and warrant that you have all rights, licenses, and permissions to Your Content and that Your Content is not false, inaccurate, or misleading, including, but not limited to, any content you input into the Services. Unless otherwise specified, you may only post Your Content to the Services if you are a resident of the United States and are sixteen (16) years of age or older. By posting or submitting Your Content to the Services, you grant BANDAI SPIRITS a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. BANDAI SPIRITS and its affiliates are free to use Your Content and any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products using such information, to improve the quality of the Services and its features and to comply with applicable law. You represent and warrant that: (i) you own or otherwise control all of the rights to Your Content and are authorized to use and distribute Your Content to the Services; (ii) Your Content is accurate; (iii) use of Your Content does not violate this Agreement and will not cause injury to any person or entity; (iv) Your Content does not and will not infringe any copyright, right of publicity, or any other third party right nor violate any law or regulation; and (v) you will indemnify BANDAI SPIRITS for all claims relating to Your Content. We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. BANDAI SPIRITS has the right, but not the obligation, to monitor and edit or remove any activity or content. BANDAI SPIRITS takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

If a derivative work is created in the process of your use of the Services, the copyright pertaining to the derivative work shall belong to BANDAI SPIRITS or a third party designated by BANDAI SPIRITS. You shall not exercise the moral rights of the author in relation to the derivative work against BANDAI SPIRITS or a third party designated by BANDAI SPIRITS. The use of any such derivative work is non-exclusively permitted by BANDAI SPIRITS to you for private and non-commercial use within the Services in accordance with this Agreement, and may not be used for any other purpose. However, notwithstanding the provisions of this Agreement, you may post images or videos including the derivative works to social networking services for personal and non-commercial purposes in accordance with this Agreement.

c. Output
You may receive output from the Services that is based on Your Content (“Output”). You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate. Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use the Services, you understand and agree:

ⅰ. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice;

ⅱ. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services;

ⅲ. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them;

ⅳ. You will not repurpose or distribute Output from the Services to harm others – for example, don’t share output from the Services to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others;

ⅴ. The Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with BANDAI SPIRITS or its licensors;

ⅵ. Due to the nature of the Services and artificial intelligence generally, Output may not be unique and other users may receive similar content from the Services. Responses that are requested by and generated for other users are not considered your Output; and

ⅶ. You will not represent that Output was human-generated when it was not.

Our licensors have additional terms of use, and privacy policies, which BANDAI SPIRITS is required to impose upon you.

d. Play Data
You will not acquire any ownership, intellectual property or other rights with respect to your account for the Services or any digital items, username, level, rank, status, title or other play data associated with such account (“Play Data“). Play Data is merely digital data that we own the rights to and grant to you on a non-exclusive basis, and has no monetary value whatsoever, including those provided for a fee, unless otherwise required by law. If we discover that the content or quantity of your play data is incorrect compared to your use of the Services, we may correct it without prior notice to you. Furthermore. your username, level, rank, status, titles, etc. included in your play data may be disclosed to other customers within the Service.

e. Trademark Notices
All other third-party trademarks, registered trademarks, and product names mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by BANDAI SPIRITS.

f. Feedback
You acknowledge and expressly agree that any contribution of feedback regarding the Services that you provide to us (the “Feedback”) does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. You agree that BANDAI SPIRITS may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to BANDAI SPIRITS any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

g. DMCA Notice
BANDAI SPIRITS prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:


BANDAI SPIRITS CO., LTD.

Attn: Copyright Agent

Sumitomo Fudosan Tokyo Mita Garden Tower

3-5-19, Mita, Minato-ku, Tokyo, 108-0073 Japan

Telephone: +81-03-3847-5127

Email: copyrightagent@bandai-sp.jp


If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to BANDAI SPIRITS at the address shown above, giving a written statement that contains:

ⅰ. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

ⅱ. identification of the allegedly infringing material on the Site that is requested to be removed;

ⅲ. your name, address, and daytime telephone number, and an e-mail address if available;

ⅳ. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

ⅴ. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

ⅵ. the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

BANDAI SPIRITS will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

h. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under this Agreement are reserved by BANDAI SPIRITS.

BANDAI SPIRITS expects all of its users to abide by certain rules and restrictions. The following is a partial list of the types of conduct that are illegal or prohibited on the Services or while using the Services. BANDAI SPIRITS reserves the right to investigate and take appropriate legal or other action against anyone who, in BANDAI SPIRITS’s sole discretion, engages in any of the prohibited activities.

Without limitation, you agree that you will not use the Services to create or in connection with any content or communication that:

・ is defamatory, abusive, obscene, profane or offensive;
・ infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Services);
・ violates any party’s right of publicity or right of privacy;
・ is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
・ promotes or encourages violence;
・ is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
・ is illegal or promotes any illegal activities;
・ promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
・ contains “masked” profanity (i.e., F*@&#);
・ contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
・ contains any advertising, promotional materials, “junk mail,” “spam, “chain letters,“ “pyramid schemes,“ or any other form of solicitation.

BANDAI SPIRITS is under no obligation to screen or monitor the Services, but may review the Services from time to time at its sole discretion. BANDAI SPIRITS will make all determinations as to what activities are appropriate in its sole discretion.

BANDAI SPIRITS does not accept any unsolicited ideas from outside the BANDAI SPIRITS including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Services, you understand and acknowledge that such idea is not submitted in confidence and BANDAI SPIRITS assumes no obligation, expressed or implied, by considering it. You further understand that BANDAI SPIRITS shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to BANDAI SPIRITS. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant BANDAI SPIRITS an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

The Services may contain links to other websites or applications not maintained by BANDAI SPIRITS. Other websites or apps may also reference or link to our Services. We encourage you to be aware when you leave our Services and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

Certain provisions of this Agreement may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Services, including on any checkout page. In order to participate in or use certain services, promotions that may be run from time to time with respect to the Services (“Offer(s)“), you may be required to agree to additional or different terms and conditions (“Additional Terms“). Certain benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of this Agreement. If there is an actual conflict between this Agreement and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in this Agreement will continue to apply. For the sake of clarity, silence with respect to a particular term in either this Agreement or any Additional Terms does not constitute a conflict.

WHILE BANDAI SPIRITS USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES AND TO USE TECHNOLOGY THAT IT BELIEVES TO BE RELIABLE, BANDAI SPIRITS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICES MAY USE TECHNOLOGY THAT MAY NOT ALWAYS BE ACCURATE. BANDAI SPIRITS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED “AS IS“ AND BANDAI SPIRITS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BANDAI SPIRITS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANDAI SPIRITS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANDAI SPIRITS SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL BANDAI SPIRITS AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE SERVICES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS BANDAI SPIRITS AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

IN NO EVENT WILL BANDAI SPIRITS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the greater of amount paid by you, if any, for accessing the Services or one hundred U.S. Dollars (U.S. $100).

BANDAI SPIRITS reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) (including changes to the content, specifications, and pricing) with or without notice. You agree that BANDAI SPIRITS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

You agree that BANDAI SPIRITS may, in its sole discretion, and at any time, terminate or suspend its operation of the Services your use of or access to the Services, without prior notice to you, for any reason that BANDAI SPIRITS, in its sole discretion, deems appropriate. You further agree that BANDAI SPIRITS will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Services, you agree that the provisions of this Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on BANDAI SPIRITS’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

The laws of the State of New York shall govern this Agreement. While we will make reasonable efforts to resolve any disagreements you may have with BANDAI SPIRITS, if these efforts fail you agree that all claims, disputes or controversies against BANDAI SPIRITS arising out of this Agreement, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and BANDAI SPIRITS agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

App: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BANDAI SPIRITS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction“); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). You may not use, export, or re-export any Services in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of this Agreement. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

You agree to indemnify, defend and hold harmless BANDAI SPIRITS, its parents, affiliates, and subsidiaries, and their respective employees, directors, officers, agents, business partners, affiliates, contractors, and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, your unauthorized or improper use of the Services, or any breach by you of any of this Agreement or applicable law.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

If you access BANDAI SPIRITS from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We make no representations regarding the legality of this Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.

If you access the Website from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.“

All information we collect via the Services is subject to our Privacy Policy, located athttps://www.bandaispirits.co.jp/e/privacy/By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Services may be intercepted or read by others.

This Agreement contains the entire agreement between you and BANDAI SPIRITS regarding the use of the Website and/or the Service. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect and the invalid provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, BANDAI SPIRITS’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect BANDAI SPIRITS’s ability to enforce such term at any point in the future.

Should you have any questions regarding this Agreement, you may contact us via the inquiry form available at https://www.gn-app.com/v/contactpage_en.