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4. They are intended to set forth the rules that must be followed by anyone using the www.tori.com website.
5. The terms defined below will have the following meaning between the parties:
– “Internet”: a network of networks that allows the exchange of information through a protocol called TCP/IP. Data is transmitted through networks of a different nature that are able to read the messages according to this technical standard. Each element of this network belongs to private or public organizations that operate them in cooperation without necessarily involving a bilateral obligation of quality;
– “Internet user”: any person who accesses and implements the features of this website.
6. The purpose of this document is to set forth the terms and conditions of use applicable to the website accessible at www.tori.com and of all the pages of the website.
4. Effective date – Term
9. Internet users may stop using the website at any time but will remain liable for any prior use.
5. Access to website
10. Access to the website is free.
11. The website is accessible 24/7.
12. BANDAI NAMCO ENTERTAINMENT EUROPE (BANDAI NAMCO) and ISKN strive to provide quality access and to enable Internet users to use the communication means made available to them in the best conditions.
13. BANDAI NAMCO and ISKN will make their best efforts to enable access and use of the website in accordance with the state of the art, but due to the nature and complexity of the internet network, and in particular its technical performances and response times for consulting, searching or transferring data, BANDAI NAMCO and ISKN cannot guarantee that the website will be accessible or available at all times.
14. However, BANDAI NAMCO and ISKN reserve the right, without notice or compensation, to temporarily or permanently close the website or the access to one or more remote services in order to perform operations such as update, maintenance, modifications or changes to the operational measures, servers and hours of access.
15. BANDAI NAMCO and ISKN will not liable for damage of any kind that may result from these changes or from the temporary unavailability or permanent closure of all or part of the website or one or more of its services.
16. BANDAI NAMCO and ISKN reserve the right to enhance or modify the website or the services available thereon at any time according to technological developments.
17. Internet users must ensure that their computer and transmission means are capable of following the technological developments of the website.
6. Advertising and promotional messages on website
18. BANDAI NAMCO and ISKN reserve the right to broadcast, free of charge or for a fee, advertising or promotional messages on their website.
19. BANDAI NAMCO and ISKN reserve the right to place hyperlinks on their website giving access to web pages other than those of their website over which BANDAI NAMCO and ISKN have no control.
20. BANDAI NAMCO and ISKN accept no responsibility for the conditions of access to these website and the content of the information provided on these websites via the activation of hyperlinks.
21. The Internet user who has a personal website and wishes to place, for personal use, on his or her website a simple link directly to the home page of the website www.tori.com of BANDAI NAMCO and ISKN, must obtain the express authorization of BANDAI NAMCO and ISKN to place this link.
22. Under no circumstances may this authorization be deemed as an implicit affiliation agreement.
23. In any case, hyperlinks to the website www.tori.com of BANDAI NAMCO and ISKN must be removed upon first request.
8. Data protection
24. In accordance with Regulation 2016/679 of 27 April 2016 on data protection and the French Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended, Internet users are informed that BANDAI NAMCO and ISKN, acting as joint controllers, carry out processing of personal data concerning them.
9.1 General liability
26. BANDAI NAMCO and ISKN cannot be responsible for:
– the quality of the website, as the website is offered “as is;”
– disturbance in the use of the website;
– the impossibility to use the website;
– computer security breaches, which can damage the computer equipment and data of the Internet users;
– infringement of Internet user rights in general.
9.2 Liability for information on website
27. BANDAI NAMCO and ISKN cannot be held liable for any direct or indirect damage that may result from access to or use of the website or the information contained therein, whatever its nature.
28. BANDAI NAMCO and ISKN make their best efforts to provide up-to-date information on their website. All the information made available to people accessing the website has been selected on a specific date.
29. The information on the website reflects an opinion at the time of its creation and not at the time of consultation of the website. It may require an update that may not have been made at the time of its consultation for technical or other reasons.
31. BANDAI NAMCO and ISKN do not accept any liability concerning the relevance and implementation of the decisions taken by Internet users solely on the basis of the information posted on the website.
10. Liability of Internet users
32. Internet users undertake to use the website and all the information to which they may have access exclusively for personal purposes and in strict compliance with public policy, morality and third party rights.
33. Internet users must not interfere with the use of the website by other Internet users.
11. Intellectual property
34. The website’s content, the general structure and software, texts, images (still or animated), pictures, know-how and all other elements composing the website are the exclusive property of BANDAI NAMCO or ISKN or their third party licensors.
36. In particular, Internet users shall not amend, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way whatsoever the services, the pages of the website, or the computer codes of the elements composing the services and the website.
37. Any total or partial reproduction and/or performance of any of these elements without the express permission of BANDAI NAMCO or ISKN is forbidden and could result in civil and criminal penalties for infringement.
38. Accordingly, Internet users must not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of BANDAI NAMCO and ISKN.
39. The same applies to any databases on the website, which are protected by the articles of the French Intellectual Property Code.
40. Distinctive signs of BANDAI NAMCO and ISKN and their partners, such as domain names, trademarks, names and logos appearing on the website are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the website without express authorization of BANDAI NAMCO or ISKN is therefore prohibited, within the meaning of the French Intellectual Property Code.
41. The website may only be used in accordance with its intended purpose.
42. Any other uses without the express prior written permission of BANDAI NAMCO or ISKN are prohibited and shall constitute infringement.
43. The parties mutually agree that any tolerance of a situation by one party shall not grant the other party any rights in that respect.
44. Moreover, such a tolerance shall not be construed as a waiver of the rights in question.
15. Entire agreement
48. However, this clause is not intended to prevent the use of the said documents but to evaluate legally the quality of the consents exchanged during the formation of this agreement.
16. Governing law
50. French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.
51. WHEN THE WEBSITE IS USED BY CUSTOMERS ACTING AS TRADERS, ALL DISPUTES OF A CONTRACTUAL OR NON-CONTRACTUAL NATURE ARISING OUT OF OR IN CONNECTION WITH ALL CONTRACTUAL RELATIONSHIPS SHALL BE SUBMITTED TO THE COMMERCIAL COURT OF LYON (TRIBUNAL DE COMMERCE DE LYON), EVEN IN CASE OF MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.