End User
License Agreement
Last Updated: October 22, 2025
This End User License Agreement (the “Terms”)
is between you (or “User”) and NCSOFT Corporation, a company registered in the Republic of Korea, with the
registered address 12, Daewangpangyo-ro 644,
Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea (“NCSOFT,”
“we,” “us,” or “our”). These Terms govern your access to and use of our PlayNC
platform (the “Platform”), games that
NCSOFT publishes (the “Games”), streaming service
available through the Platform (“Streaming Service”), websites for the
Platform, Games, and Streaming Service (the “Websites”) and related PC and
Mobile applications (the “Apps”), and any online location operated by us that
links to these Terms (collectively, the “Services”).
In using or accessing specific Services
offered through the Platform or
through a third-party platform, you may be required to consent to software-specific and/or service-specific terms, which
may include license terms and other terms of use, offered by our affiliates
(the “Affiliate Terms”) or third parties (the “Third Party Terms”). With
respect to your access and use of NCSOFT
Services, you understand that to the extent there is any conflict between the
Affiliate Terms and these
Terms or between Third Party Terms and
these Terms, these Terms shall prevail.
With respect to your access and use of an affiliate’s services or
games, you understand that to the extent there is any conflict between the Affiliate Terms and these Terms,
Affiliate Terms shall prevail, but only for the parts that relate specifically to such
affiliate’s services or games.
With
respect to your access and use of third-party services, such as their platforms
or games, you understand that to the extent there is any conflict between Third
Party Terms and these Terms, Third Party Terms shall prevail, but only for the
parts that relate specifically to such third-party’s services or games.
ARBITRATION
& CLASS ACTION WAIVER NOTICE: UNLESS YOU ARE IN THE UNITED KINGDOM, THE EUROPEAN UNION,
OR
ANOTHER JURISDICTION THAT DOES NOT PERMIT ARBITRATION AS SPECIFIED IN SECTION 11
(“DISPUTE RESOLUTION &
AGREEMENT TO ARBITRATE”), AND EXCEPT FOR CERTAIN TYPES OF
DISPUTES DESCRIBED IN SECTION 11, YOU AND NCSOFT AGREE
THAT, SUBJECT TO CERTAIN LIMITED EXCEPTIONS, DISPUTES BETWEEN YOU AND NCSOFT
WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU CAN OPT
OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY
FOLLOWING THE OPT-OUT PROCEDURES SPECIFIED IN SECTION 11.
1. Basic
Terms
Eligibility
You may use
the Services only if you can form a binding contract with us and are not barred
from receiving the Services under the laws of any applicable jurisdiction. If
you are accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that
you are authorized to do so. You may use the Services only in compliance with
these Terms and all applicable local, state, national, and international laws,
rules, and regulations. You shall not use the Services if you are under age 18
without parental consent or have previously been banned from using the
Services. If you are under age 18, you represent that you have your parent or
guardian’s permission to use the Apps, please have them read these Terms with
you. If you are a parent or legal guardian of a User under age 18, you are
subject to these Terms and responsible for your child’s activities on the Apps.
Agreement to
Terms
By accepting
these Terms, you agree to be bound by these Terms. The Services that NCSOFT
provides are always evolving and the form and nature of the Services may change
from time to time. As a result, we may need to
amend these Terms from time to time. We will provide you with notice of material changes to the Terms through the
Services, or through any other appropriate measures as determined by us in our
sole discretion. If you continue to use the
Services for 30 days after such notice we will take this as you accepting them.
If you do not accept the changes, you can terminate your agreement with us
within 30 days of receipt of notice of the proposed changes.
NCSOFT
may from time to time need to
modify or stop (permanently or temporarily) providing the
Services (or any features within the Services) to you or to Users generally;
although NCSOFT will use commercially reasonable efforts to provide notice to
you, NCSOFT may not be able to provide you with prior notice. If you continue using the Services for 30 days after any such
modifications, we will assume you have accepted them (this includes
updates). We also retain the right to create limits on use and
storage at our sole discretion at any time without prior notice to you.
Registration
If you want
to use certain features of the Services, you need to create an account and
become a registered User. It’s important that you provide us with accurate,
complete, and up-to-date information for your account and you agree to update
such information, as needed, to keep it accurate, complete, and up to date. If
you do not, we may have to suspend or terminate your account. We reserve the right to force forfeiture of any username for any
reason or to disable any log-on ID, at any time, if in
our opinion you have failed to comply with any of the provisions of these Terms
or if any details you provide for the purposes of registering as a User prove
to be false.
You are
responsible for safeguarding the password or credentials that you use to access
the Services and for any activities or actions under your account. We encourage
you to use “strong” passwords (passwords that use a combination of upper- and
lower-case letters, numbers, and symbols) with your account. We are not liable
for any loss or damage arising from your failure to comply with the above
requirements. You are responsible for all activities that occur under your
account, whether or not you know about them. If
your account is hacked or any third parties use your account, then you shall
immediately notify us and follow our instructions. We may restrict usage of
such account in our sole discretion.
Our use of
your information is subject to our Privacy Policy.
Advertisements
The Services
may include advertisements, which may be targeted to the content or information
on the Services, queries made through the Services, or other information. The
types and extent of advertising on the Services are subject to change. In
consideration for NCSOFT granting you access to and use of the Services, you
agree that NCSOFT and its subsidiaries, third party providers, and partners may
place such advertising on the Services or in connection with the display of
content or information from the Services whether submitted by you or others,
unless otherwise provided.
We may
provide patches, updates, or upgrades to the Services that must be installed
for you to continue to use the Services. Although we will use commercially
reasonable efforts to notify you of upcoming changes, we may update the
Services remotely without notifying you, including through applying patches,
updates, and upgrades. We may modify, suspend, discontinue, substitute,
replace, or limit your access to any aspect of the Services at any time. You acknowledge that
your use of the Services does not confer on you any interest, monetary or
otherwise, in any aspect or feature of the Services, including but not limited
to (where applicable) any rewards, or Content (save for where it is your own User Content). You
also acknowledge that any data, customization, or other data related to your
use of the Services may cease to be available to you at any time without
notice, including without limitation after a patch, update, or upgrade is
applied. We do not have any maintenance or support obligations with respect to
the Services.
3. App Currency and Content
We may offer
you the ability to acquire licenses to in-app currency (“App Currency”) or
Content, such as by: (a) purchasing a limited license to use App Currency for a
fee (“Purchased App Currency”), (b) earning a limited license to use App
Currency by performing or accomplishing specific tasks in the Services, or (c)
purchasing for a fee, exchanging App Currency for, or earning a limited license
to use Content.
Neither App
Currency nor Content are redeemable for money or monetary value from NCSOFT or
any other person, except as otherwise required by applicable law. App Currency
and Content do not have an equivalent value in real currency and do not act as
a substitute for real currency. Neither NCSOFT nor any other person or entity
has any obligation to exchange App Currency or Content for anything of value,
including, but not limited to, real currency. You agree that NCSOFT may engage
in actions that may impact the perceived value or purchase price, if
applicable, of App Currency and Content at any time, except as prohibited by
applicable law.
If you are
domiciled in the United Kingdom, your right of cancellation is waived if: you
grant express consent and acknowledge that such right to cancel will be lost.
If you are
domiciled in the United Kingdom, you expressly consent that the supply of
Purchased App Currency and Content will begin immediately upon your purchase
and you acknowledge that that your right to cancel the purchase contract will
be lost. All purchases of Purchased App Currency and Content are final
and are not refundable, transferable, or exchangeable under any circumstances,
except as otherwise required by applicable law. NCSOFT, in its sole discretion,
may impose limits on the amount of App Currency or Content that may be
purchased, earned, accumulated, redeemed, or otherwise used.
Except as
otherwise prohibited by applicable law, NCSOFT, in its sole discretion, has the
absolute right to manage, modify, substitute, replace, suspend, cancel, or
eliminate App Currency or Content, including your ability to access or use App
Currency or Content, without notice or liability to you. You may not transfer,
sell, gift, exchange, trade, lease, sublicense, or rent App Currency or Content
except within the Services and as expressly permitted by NCSOFT.
Except as
otherwise prohibited by applicable law or these Terms, NCSOFT reserves and
retains all rights, title, and interest, property or otherwise, in and to the
App Currency and Content. The license to App Currency and Content under the
license will terminate upon termination of the license and as otherwise
provided herein.
When you
provide payment information to NCSOFT or its authorized processor, you
represent that you are an authorized user of the payment card, PIN, key,
account, or other payment method specified by you, and you authorize NCSOFT to
charge such payment method for the full amount of the transaction. If you are a
minor, you must obtain a parent or legal guardian’s permission prior to
entering or using any payment methods.
We do our
best to describe every product or service offered on the Service as accurately
as possible. However, we do not warrant that any part of the Services,
including without limitation the product specifications, pricing, or other
Content on the Services is complete, accurate, reliable, current, or
error-free. In the event of any errors relating to the pricing or
specifications, NCSOFT shall have the right to refuse or cancel any orders in
its sole discretion unless applicable laws dictate otherwise. If we charged
your credit card or other account prior to our cancellation, we would issue a
credit to your account in the amount of the charge. Additional terms may apply,
and you will have the opportunity to review such terms in such cases. If a
product or service you purchased from us is not as described, your sole remedy
is to cancel the purchase and receive a credit for the purchase price.
4. Content on the Services
The
Services contain: (i) materials and other items relating to NCSOFT and its
products and services, and similar items from our licensors and other third
parties, including all layout, information, databases, articles, posts, text,
data, files, images, scripts, designs, graphics, instructions, illustrations,
photographs, sounds, pictures, videos, advertising copy, URLs, technology,
software, interactive features, the “look and feel” of the Services, and the
compilation, assembly, and arrangement of the materials of the Services and any
and all copyrightable material; (ii) trademarks, logos, trade names, trade
dress, service marks, and trade identities of various parties, including those
of NCSOFT; and (iii) other forms of intellectual property (collectively,
“Content”). All right, title, and interest in and to the Services and the
Content are the property of NCSOFT or our licensors or certain other third
parties, and is protected by applicable copyright, trademark, trade dress,
patent, and/or other intellectual property and unfair competition rights and
laws to the fullest extent possible.
“User
Content” means: any Content that is provided by
you or on your behalf or import to be made
available through the Services.
Ownership and License
NCSOFT and
its licensors own all title, ownership rights, and intellectual property rights
in and to the
Services (excluding the User
Content), NCSOFT, the Games, and their respective intellectual
property rights.
All rights
granted to you under these Terms are
granted by express license only and not by sale. No license or other rights
shall be created hereunder by implication, estoppel, or otherwise.
Subject to
your compliance with these Terms, NCSOFT grants you a limited, non-exclusive,
revocable, personal, non-perpetual, non-transferable license to access and view
the Content posted by other Users via the Services solely in connection with
your permitted use of the Services and solely for your personal and
non-commercial purposes conditional on your compliance with these Terms.
NCSOFT does
not claim any ownership rights in any User Content. Subject to the license you
grant to NCSOFT according to these Terms, you retain your rights to any User Content you
submit, post, or display on or through the Services. Subject to your ownership
of your User Content, all right, title, and interest in and to the Services and
Content are and will remain the exclusive property of NCSOFT and its licensors
(including other Users). The Services are protected by copyright, trademark,
and other applicable laws. NCSOFT reserves all rights not specifically granted
in these Terms.
To make the User
Content available to you and other Users, NCSOFT needs a license from you. By
submitting, posting, or displaying User Content on or through the Services, you
grant us a worldwide, permanent, sub-licensable, non-exclusive, irrevocable, royalty-free
license to use, copy, reproduce, process, adapt, modify, publish, translate, transmit, create derivative works from, display, and distribute
such User Content in
any and all media or distribution methods (now known or later developed).
You agree
that we may modify or adapt your User Content in order to transmit, display, or
distribute it over computer networks and in various media and/or make changes
to your User Content as
are necessary to conform and adapt that User Content to any requirements or limitations of
any networks, devices, services, or media.
Rights in App
Granted by NCSOFT
Subject to
your compliance with these Terms, NCSOFT grants you a limited, non-exclusive, revocable,
personal, non-perpetual non-transferable, non-sublicensable license to download
and install a copy of the App on any mobile device or computer that you own or
control and to run that copy of the App solely for your own personal,
non-commercial purposes. You may not copy the App, except for making a
reasonable number of copies for backup or archival purposes. Except as
specifically described in these Terms, you cannot:
· copy, modify,
or create derivative works based on the App;
· distribute,
transfer, sublicense, lease, lend, or rent the App to any third party;
· reverse
engineer, decompile, or disassemble the App; or
· make the
functionality of the App available to multiple Users through any means.
NCSOFT
reserves all rights in and to the App.
Responsibility for User Content
All
User Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person who originated the User Content. We may (but are
not required to) monitor or control User Content posted via the Services; however, we cannot take responsibility for such User Content. Any use or reliance on any User Content made available via the Services or obtained by
you through the Services is at your own risk.
You are
responsible for your User Content, so please do not make objectionable content
available on or through the Services. You should only provide User Content
that you are comfortable sharing with others under these Terms. “Objectionable
content” includes any content that is defamatory or in breach of any
contractual duty or any obligation of confidence, is infringing of any privacy
or intellectual property rights, is obscene, sexually explicit, threatening,
abusive, harassing, inciteful of violence, terrorism, or hatred, blasphemous,
discriminatory (on any ground), liable to cause anxiety, alarm, or
embarrassment, knowingly false or misleading, or that does not comply with all
applicable laws and regulations or is otherwise objectionable.
If you
do, we may have to take it down. NCSOFT may at any time screen, remove, delete,
block, or refuse to publish User Content that violates this Agreement or is
otherwise objectionable as determined in NCSOFT’s sole discretion and without
prior notice or any liability to You or any third party. If You provide User
Content, You may only use the tools that NCSOFT provides through the normal
functionality of the Service to remove or modify that specific type of
User Content. You
understand that you may be exposed to User Content from a variety of sources
when using the Services and acknowledge that User Content may be inaccurate,
offensive, indecent, or otherwise objectionable. You agree that NCSOFT shall
not be responsible or liable for your or others’ User Content or for any use of your User Content by NCSOFT in accordance
with these Terms. Complaints about any Content must be
submitted to NCSOFT via https://help.plaync.com and
must contain details of the specific Content giving rise to the complaint.
NCSOFT does
not allow intellectual property infringement activities through the Services.
You may not and agree not to create, generate, or make available through the
Services any User Content to which you do not have the right to grant NCSOFT
such license in all of the elements (including the licensed music) of the User
Content.
If you do choose to create, generate, or make available your User Content
through the Services, you are solely responsible for your User Content and
represent and warrant that:
a) you have all
the rights, power, and authority necessary to grant the rights granted in these
Terms to any User Content that you submit;
b) your User
Content, and NCSOFT’s use of the User Content as contemplated under these Terms, will not:
i. infringe,
misappropriate, or violate a third party’s intellectual property rights, or any
other applicable rights (including but not limited to portrait rights);
ii. contain,
transmit, distribute, link to or otherwise make available, or advertise or
promote any content that infringes any intellectual property rights or data
protection, privacy, or other rights of any other person, or is “objectionable
content” as set out above;
iii. impersonate
any person or entity or otherwise misrepresent your relationship with any person or entity in a manner that does or is intended to
mislead, confuse, or deceive others;
iv. contain,
transmit or distribute any unsolicited or unauthorised advertising, marketing,
or promotional material or other form of solicitation (spam); or
v. transmit or
distribute any virus and/or other code that has contaminating or destructive
elements.
c) NCSOFT
does not need to obtain any further licenses, provide attribution, or pay
royalties or other compensation to any third parties; NCSOFT’s use of your User Content will
not violate any third-party contract or cause NCSOFT to violate any applicable
laws or regulations.
You
acknowledge and agree that any feedback, comments, or suggestions you may
provide regarding NCSOFT, or the Services is entirely voluntary and we will be
free to use such feedback, comments, or suggestions as we see fit and without
any obligation or payment to you.
5. Additional Terms for App Store
Apps
If you
accessed or downloaded the App from any app store or distribution platform (like the such as Apple App
Store or Google Play) (each, an “App Provider”), then you acknowledge and agree
that:
·
These Terms are between you and NCSOFT,
and not with the App Provider; between NCSOFT and the App Provider, NCSOFT is
solely responsible for the App.
·
It is not the App Provider’s
responsibility to provide any maintenance or support services for the App.
·
If the App fails to conform to any
applicable warranty, you may notify the App Provider and the App Provider may
refund the purchase price for the App to you (if applicable) and, to the
maximum extent permitted by applicable law, the App Provider will have no other
warranty obligation whatsoever with respect to the App. Any other claims,
losses, liabilities, damages, costs, or expenses attributable to any failure of
an App to conform to any warranty will be the sole responsibility of NCSOFT.
·
The App Provider is not responsible for
addressing any of your claims or any third party’s claims relating to the App
or your possession and use of the App, including, but not limited to: (i)
product liability claims; (ii) any claim that the App fails to conform to any
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
·
If there is a third-party claim that the
App or your possession and use of the App infringes that third party’s
intellectual property rights, NCSOFT will be solely responsible for the
investigation, defense, settlement, and discharge of any such intellectual
property infringement claim to the extent required by these Terms.
·
The App Provider and its subsidiaries
are third-party beneficiaries of these Terms as they relate to your license of
the App. Upon your acceptance of these Terms, the App Provider will have the
right (and will be viewed to have accepted the right) to enforce these Terms as
related to your license of the App against you as a third party beneficiary of
these Terms.
·
You must also comply with all applicable
third-party terms of service when using the App.
·
You agree to comply with all U.S. and
foreign export laws and regulations to ensure that the App, any technical data
related the App, and/or any direct product from your use of the App is exported
or re-exported directly or indirectly in a way that violates those laws and
regulations. By using the App, you represent and warrant that: (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted
parties.
If you
accessed or downloaded the App from the Apple App Store, then you also agree to
use the App only: (i) on an Apple-branded product or device that runs iOS
(Apple’s proprietary operating system software); and (ii) as permitted by the
“Usage Rules” stated in the Apple Store Terms of Service.
6.
Restrictions On And Use Of The
Services
We reserve the right (but will not have the
obligation) to access, read, preserve, and disclose any information as we
reasonably believe necessary to (i) satisfy any applicable law, regulation,
legal process, or governmental request; (ii) enforce the Terms, including
investigation of potential violations of the Terms; (iii) detect, prevent, or
otherwise address fraud, security, or technical issues; (iv) respond to User
support requests; or (v) protect the rights, property or safety of NCSOFT, its
Users and the public. NCSOFT does not disclose personally identifying
information to third parties except in accordance with our Privacy Policy.
You may not
do any of the following while accessing or using the Services:
· access,
tamper with, or use non-public areas of the Services, NCSOFT’s computer
systems, or the systems of NCSOFT providers;
· probe, scan,
or test the vulnerability of any system or network or breach or circumvent any
security or authentication measures;
· access or
search or attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published interfaces
that are provided by NCSOFT (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with
NCSOFT (scraping the Services without the prior consent of NCSOFT is
prohibited);
· forge any
TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive, or false
source-identifying information;
· interfere
with, or disrupt, (or attempt to do so), the access of any User, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the Services;
· use, display,
mirror, or frame the Services or any individual element within the Services,
NCSOFT’s name, any NCSOFT trademark, logo, or other proprietary information
(including, without limitation, the Games), or the layout and design of any
page or form contained on a page, without NCSOFT’s express written consent;
· avoid,
bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by NCSOFT or any of NCSOFT’s providers or any
other third party (including another User) to protect the Services or Content;
· attempt to
access or search the Services or Content or download Content from the Services
through the use of any engine, software, tool, agent, device, or mechanism
(including spiders, robots, crawlers, data mining tools or the like) other than
the software and/or search agents provided by NCSOFT or other generally
available third-party web browsers;
· send any
unsolicited or unauthorized advertising, promotional materials, email, junk
mail, spam, chain letters, or other form of solicitation;
· use any meta
tags or other hidden text or metadata utilizing a NCSOFT trademark, logo URL or
product name without NCSOFT’s express written consent;
· use the
Services or Content, or any portion of the Services or Content, for any
commercial purpose or for the benefit of any third party or in any manner not
permitted by these Terms;
· attempt to
decipher, decompile, disassemble, or reverse engineer any of the software used
to provide the Services or Content;
· collect or
store any personally identifiable information from the Services from other
Users of the Services without their express and informed consent;
· violate any
applicable law or regulation; or
· encourage or
enable any other individual to do any of the foregoing.
7. Copyright
Policy
NCSOFT
respects copyright law and expects you and its Users to do the same. It is
NCSOFT’s policy to terminate in appropriate circumstances Users who repeatedly
infringe or are believed to be repeatedly infringing the rights of copyright
holders. We may in our sole discretion limit access to the Services and/or
update, transfer, suspend, or terminate the accounts of any Users who infringe
the intellectual property rights of others, whether or not there is any repeat
infringement.
If you
believe your intellectual property has been used on the Services in a way that
constitutes copyright infringement, please submit a notice of alleged
infringement to the designated agent via physical mail or email as shown here.
Please
include the following in your notice:
· Identify the
copyrighted work that you claim has been infringed. If your notice covers
multiple works, you may provide a representative list of such works.
· Identify the
material that you claim is infringing, including a description of where the
material is located. Your description must be reasonably sufficient to enable
us to locate the material. If possible, please include the URL of the webpage
where the material is located.
· Provide your
full legal name, mailing address, telephone number, and (if available) e-mail
address.
· Include the
following statement in the body of the notice:
“I have a
good-faith belief that the use of the material is not authorized by the intellectual property rights owner,
its agent, or the law. I represent that the information in this notice is
accurate and, under penalty of perjury, that I am the owner of the intellectual property rights or
authorized to act on the intellectual property
rights owner’s behalf.”
· Provide your
electronic or physical signature.
Please note
that, under the laws of your jurisdiction, if
you knowingly misrepresent that material or activity is infringing, you may be
liable for damages, including costs and attorneys’ fees, incurred by us or
Users. If you are unsure whether the material or activity you are reporting is
infringing, you may wish to contact an attorney before filing a notice with us.
8.
Termination
The Terms
will continue to apply until terminated by either you or NCSOFT as follows:
a) You may
terminate these Terms with NCSOFT at any time for any reason by deactivating
your account and discontinuing your use of the Services. Where you are a paid subscription User, please
note that if you terminate these Terms before the end of your Subscription
Period you will not be entitled to a refund of your fees.
b) We may
suspend or terminate your account (including these Terms) or cease providing
you with all or part of the Services at any time for any reason, unless
prohibited by applicable law, including, but not limited to, if we reasonably
believe: (i) you have violated these Terms, (ii) you create risk or possible
legal exposure for us; or (iii) our provision of the Services to you is no
longer commercially viable. If we terminate your account
and you have paid fees, we will refund to you any fees you have prepaid for the
remaining Subscription Period.
If we or you
terminate these Terms, we will make reasonable efforts to notify you by the
email address associated with your account or through the Services the next
time you attempt to access your account. Upon termination (whether by you or by
us), all rights and obligations under these Terms shall end. The following Sections shall continue to apply:
3, 4, 6 (excluding your license to use the Services will shall terminate with these Terms),
7, 8, 9, 10, 11, and 12.
Nothing in
this Section 8 shall affect NCSOFT’s rights to change, limit or stop the
provision of the Services without prior notice in accordance with this Section 8.
9. Indemnity
You will
indemnify and hold harmless NCSOFT and its affiliates, parents, subsidiaries,
and each of their officers, directors, employee and agents, from and against
any claims, disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable legal, attorney, and
accounting fees arising out of or in any way connected with: (i) your any unauthorized access
to or use of the Services or Content by you; (ii) your User Content; or (iii) your
violation of these Terms.
10.
Disclaimers and Limitations of Liability
Please read
this Section 10 carefully since it limits the liability of NCSOFT and its
parents, subsidiaries, affiliates, related companies, officers, directors,
employees, agents, representatives, partners, and licensors (all together, the
“NCSOFT Entities”). Each of the subsections below only applies up to the
maximum extent permitted under applicable law. Some jurisdictions (including
the United Kingdom) do not allow the disclaimer of implied warranties or the
limitation of liability in contracts, and as a result the contents of this
Section 10 may not apply to you. Nothing in this Section 10 is intended to
limit any rights you may have which may not be lawfully limited or limit NCSOFTs liability for: (i)
death or personal injury caused by negligence; or (ii) fraudulent
misrepresentation.
The
Services are Available “AS-IS”
Your access
to and use of the Services or any Content is at your own risk. You understand
and agree that the Services are provided to you on an “AS IS” and “AS
AVAILABLE” basis. Without limiting the foregoing, TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAWS, NCSOFT
ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NCSOFT
Entities make no warranty and to the
maximum extent possible under applicable laws disclaim all
responsibility and liability for: (i) the merchantability, quality, fitness for
purpose, completeness, accuracy, availability, timeliness, security, or
reliability of the Services or any Content; (ii) any harm to your computer
system, loss of data, or other harm that results from your access to or use of
the Services, or any Content (including without limitation any unlawful use of
the Services); (iii) the deletion of, or the failure to store or to transmit,
any Content and other communications maintained by the Services; and (iv)
whether the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether
oral or written, obtained from NCSOFT Entities or through the Services, will
create any warranty not expressly made in these Terms.
Links
The Services
may contain links to third-party websites or resources. You acknowledge and
agree that we are not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products, or
services on or available from such websites or resources. Links to such
websites or resources do not imply any endorsement by NCSOFT Entities of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources.
No Assignment
You may not,
without the prior written consent of NCSOFT, assign, transfer, charge, or
sub-contract all or any of your rights or obligations under these Terms, and
any attempt without that consent will be null and void. If restrictions on
transfer of the Services under these Terms are not enforceable under the law of
your country, then this Agreement will be binding on any recipient of the
Services. NCSOFT may at any time assign, transfer, charge, or sub-contract all
or any of its rights or obligations under this Agreement.
Limitation of
Liability
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NCSOFT ENTITIES SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY BUSINESS LOSSES, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON
THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED
FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR
TRANSMISSIONS OR CONTENT.
SAVE
FOR IN RELATION TO NCSOFT’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED
BY NEGLIGENCE OR (II) FRAUDULENT MISREPRESENTATION, IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF THE NCSOFT ENTITIES EXCEED THE GREATER OF ONE THOUSAND U.S.
DOLLARS (U.S. $1000.00) OR THE AMOUNT YOU PAID NCSOFT, IF ANY, IN THE PAST
TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAWS, THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY
TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE NCSOFT ENTITIES
HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY
STATED IN THESE TERMS IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Dispute Resolution & Agreement to Arbitrate
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT
AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH
INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION
ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED
IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES
CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE
ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
11.1 Mandatory Individual Arbitration
“Dispute” shall mean any dispute, claim, or controversy, whether arising
before, on, or subsequent to you agreeing to these Terms, between you and
NCSOFT related to the formation, breach, termination, enforcement,
interpretation, validity, scope, or applicability of these Terms or any other
services, programs, marketing, advertising, solicitations, or conduct relating
to our relationship, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory. Any Dispute, whether such Dispute
arose before, on, or subsequent to you agreeing to these Terms, and if not
resolved through the informal dispute resolution procedure set forth below,
shall be exclusively resolved by individual, binding arbitration in accordance
with this Arbitration Agreement. The arbitrator, and not any federal, state, or
local court or agency, shall have exclusive authority to resolve any Disputes
relating to the interpretation, applicability, enforceability, or formation of
this Arbitration Agreement, including any claim that all or any part of this
Arbitration Agreement is void or voidable. The arbitrator shall also be
responsible for determining all threshold arbitrability issues, including
issues relating to whether any portion of these Terms are unconscionable or
illusory, in whole or in part, and any defense to arbitration, including
waiver, delay, laches, or estoppel.
Notwithstanding the foregoing and Section 11.2 below, you and NCSOFT each
retain the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade secrets,
patents, or other intellectual property rights. Any legal action by NCSOFT
against a non-consumer or its interactions with governmental and regulatory
authorities shall not be subject to arbitration. Either party may also elect to
have Disputes heard in small claims court seeking only individualized relief,
so long as the action is not removed or appealed to a court of general
jurisdiction.
To the fullest extent permissible by applicable law, all claims against
NCSOFT, including but not limited to claims arising out of or relating in any
way to the Services or the Terms, must be filed within one year after such claim or
cause of action arose or it will be forever barred.
If any court or arbitrator determines this Arbitration Agreement is void or
unenforceable for any reason as to Disputes arising before the date of posting
of this Arbitration Agreement, then you may still be bound to previous versions
of this Arbitration Agreement by reason of your separate agreement to those
previous versions.
If any Dispute is determined not to be subject to arbitration or resolution
in small claims court, the governing law shall be those of the Republic of
Korea; however, nothing in these Terms shall deprive you of any mandatory
protections available to you under the laws of the jurisdiction where you are located.
11.2 Class Action / Jury Trial Waiver
You and NCSOFT agree that, to the fullest extent permitted by law, each
party is waiving the right to a trial by jury or to participate as a plaintiff,
claimant, or class member in any class, collective, consolidated (other than
any batching procedures conducted by the arbitral forum), private attorney
general, or representative proceeding. This means that you and NCSOFT may not
bring a claim on behalf of a class or group and may not bring a claim on behalf
of any other person unless doing so as a parent, guardian, or ward of a minor
or in another similar capacity for an individual who cannot otherwise bring
their own individual claim. This also means that you and NCSOFT may not
participate in any class, collective, consolidated (other than any batching procedures
conducted by the arbitral forum), private attorney general, or representative
proceeding brought by any third party.
Unless both you and NCSOFT agree in writing, any arbitration will be
conducted only on an individual basis and not in a class, collective,
consolidated (other than any batching procedures conducted by the arbitral
forum), or representative proceeding. If any court or arbitrator determines
that this Section 11.2 is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the Arbitration Agreement shall
be deemed null and void in its entirety, and you and NCSOFT shall be deemed not
to have agreed to arbitrate Disputes.
To the extent that any claims are allowed to proceed on a class,
collective, consolidated (other than any batching procedures conducted by the
arbitral forum), or representative basis, such claims must be litigated in the
Republic of Korea, and the parties agree that litigation of those claims shall
be stayed pending the outcome of any individual claims in arbitration. Notwithstanding
the foregoing, you or NCSOFT may participate in a class-wide settlement.
11.3 Opt-Out Procedures
To opt out of this Arbitration Agreement, you must send us a written
opt-out notice (the “Opt-Out Notice”) by submitting an inquiry via https://help.plaync.com within thirty (30) calendar days from the date that you agreed to this Terms (the “Opt-Out Period”). The Opt-Out Notice must contain your full legal
name, your complete mailing and email address and phone number, a clear
statement that you wish to opt out of this Arbitration Agreement, and your
signature. If your Opt-Out Period has passed, you are not eligible to opt out
of this Arbitration Agreement. If you opt out of this Arbitration Agreement,
all other provisions of the Terms will continue to apply to you. Additionally, if
you opt out of this Arbitration Agreement, you may still be bound to previous
versions of this Arbitration Agreement by reason of your separate agreement to
those previous versions. In other words, opting out of this Arbitration
Agreement shall have no effect on any previous, other, or future arbitration
agreements you may enter into with NCSOFT. As stated above, if you do not opt
out of this Arbitration Agreement within the Opt-Out Period, then you will be
bound to the terms and conditions of this Arbitration Agreement which shall
supersede and replace in its entirety all previous versions of NCSOFT’s
arbitration agreements and class action provisions. If you timely provide
NCSOFT with a valid Opt-Out Notice, all Disputes shall be subject to the exclusive
jurisdiction of, and you consent to venue in, the Republic of Korea.
11.4 Rules and Governing Law
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution
Procedures: You and we agree that good-faith, informal efforts to resolve
disputes often can result in a prompt, cost-effective and mutually beneficial
outcome. Therefore, in the event of a Dispute, you and NCSOFT each agree to
send the other party a written notice of Dispute (a “Notice”). A Notice from you to NCSOFT must be submitted via https://help.plaync.com. Any Notice must include: (i) the claimant’s full legal name, complete
mailing address, and email address; (ii) a description of the nature and basis
of the claim or dispute; (iii) any relevant facts regarding claimant’s use of
the Services, including whether claimant receives any emails associated with the Services, whether claimant has made a purchase from NCSOFT, and if so, the date(s)
of the purchase(s); and (iv) a personally signed statement from the claimant
(and not their counsel) verifying the accuracy of the contents of the Notice.
The Notice must be individualized, meaning it can concern only your dispute and
no other person’s dispute. NCSOFT will send any Notice to you at the email
address or mailing address it has for you, if any.
After receipt of a Notice, the parties shall engage in a good faith effort
to resolve the Dispute for a period of sixty (60) calendar days (which can be
extended by agreement). You and we agree that, after receipt of the Notice, the
recipient may request an individualized telephone or video settlement
conference (which can be held after the 60-day period) and both parties will
attend (with counsel, if represented). You and we agree that the parties (and
counsel, if represented) shall work cooperatively to schedule the conference at
the earliest mutually-convenient time and to seek to reach a resolution.
Compliance with these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a condition precedent to initiating arbitration.
Any applicable limitations period (including statute of limitations) and any
filing fee deadlines shall be tolled while the parties engage in the informal
dispute resolution procedures set forth in this subsection. All of the
foregoing procedures are essential so that you and NCSOFT have a meaningful
opportunity to resolve disputes informally. If any aspect of these requirements
has not been met, the parties agree that a court of competent jurisdiction may
enjoin the filing or stay the prosecution of an arbitration. Nothing in this
paragraph limits the right of a party to seek damages for non-compliance with these
Procedures in arbitration.
If the parties cannot resolve the Dispute through the procedures set forth
above, you and NCSOFT each agree that all Disputes shall be resolved
exclusively through final and binding individual arbitration, rather than in
court. The parties may agree to waive hearings and resolve Claims through
submission of documents. Any arbitration hearing will be conducted remotely by
telephone or video conference to the extent possible, but if the arbitrator
determines, or the parties agree, that a hearing should be conducted in person,
the arbitration hearing will take place as close to your residence as
practicable, or another agreed upon locale, and shall be before one arbitrator.
All Disputes shall be submitted to National Arbitration and Mediation
(“NAM”) for arbitration before one arbitrator. The arbitration will be
administered by NAM in accordance with NAM’s rules and procedures, including
any supplementary rules and fee schedules, then in effect (the “NAM Rules”),
except as modified by this Arbitration Agreement. A party who desires to
initiate arbitration must provide the other party with a written Demand for
Arbitration as specified in the NAM Rules. A form for initiating arbitration
proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a
certification that they have complied with and completed the Mandatory
Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements
referenced above and that they are a party to the Arbitration Agreement
enclosed with or attached to the demand for arbitration. The demand for
arbitration and certification must be personally signed by the party initiating
arbitration (and their counsel, if represented). The parties agree that
submission of the certification shall be required for the claim to be deemed
properly filed. For additional information on how to commence an arbitration
proceeding, you can contact NAM at customerservice@namadr.com.
If NAM determines that 25 or more substantially similar arbitration demands
presented by or with the assistance, coordination, or cooperation of the same
law firm, group of law firms, cooperating law firms, or organization are
allowed to be submitted for arbitration, NAM’s mass filing fee structure shall
apply and the parties agree that the arbitrations will proceed in accordance
with the batching process as follows: (i) NAM shall administer the arbitration
demands in batches of at least 25 claims, with the discretion to create
additional batches if NAM finds that they are necessary to facilitate the
efficient resolution of demands; (ii) NAM shall provide for the resolution of
each batch as a single consolidated arbitration with one procedural calendar
and one hearing (if any) and one final award; and (iii) following such
determination of a mass filing, NAM shall apply a single initial filing fee and
administrative fee per batch for each side with respect to the fees set forth
in NAM’s fee schedule. You agree to cooperate in good faith to implement this
batch approach to facilitate the efficient resolution of these claims. All
parties agree that arbitrations are of a “substantially similar nature” for
purposes of this batching procedure for claims administered by NAM if they
arise out of or relate to the same event or factual scenario and raise the same
or similar legal issues and seek the same or similar relief. This batching
procedure for claims administered by NAM shall in no way be interpreted as
authorizing class arbitrations of any kind. NCSOFT reserve all rights and
defenses as to each and any demand and claimant. If any court or arbitrator
determines that this batching procedure for claims administered by NAM and the
ADR Services Batching Procedure (see below) are both void or unenforceable for
any reason or that an arbitration can proceed on a class basis, then the
Arbitration Agreement shall be deemed null and void in its entirety, and you
and NCSOFT shall be deemed not to have agreed to arbitrate Disputes.
If NAM notifies the parties in writing that it is not available to
arbitrate any claim, or if NAM is otherwise unable to arbitrate any claim, that
claim shall be submitted to ADR Services, for final and binding individual
arbitration before one arbitrator. The arbitration will be administered by ADR
Services, Inc. (“ADR Services”) in accordance with the rules promulgated by ADR
Services (the “ADR Services Rules”), except as modified by this Arbitration
Agreement. If there are 20 or more substantially similar claims that are
allowed to be submitted for arbitration but cannot be arbitrated by NAM, and
are presented to ADR Services by or with the assistance, coordination, or
cooperation of the same law firm, group of law firms, cooperating law firms, or
organization, ADR Services shall: (i) administer those claims in at least 20
batches, with the discretion to create additional batches if ADR Services finds
that they are necessary to facilitate the efficient resolution of demands; and
(ii) apply a single initial filing fee and administrative fee per batch for
each side with respect to the fees set forth in ADR Services’ then-current
“Mass Consumer Non-Employment Arbitration Fee Schedule”. You agree to cooperate
in good faith to implement this “ADR Services Batching Procedure” to facilitate
the efficient resolution of these claims. This ADR Services Batching Procedure
shall in no way be interpreted as authorizing class arbitrations of any kind.
NCSOFT reserve all rights and defenses as to each and any demand and claimant.
At the conclusion of the arbitration proceeding, the arbitrator shall issue
a reasoned written decision sufficient to explain the essential findings and
conclusions on which the award is based. An arbitrator’s award that has been
fully satisfied shall not be entered in any court.
Except as expressly provided in the Arbitration Agreement, the arbitrator
may grant any remedy, relief, or outcome that the parties could have received
in court, including awards of attorneys’ fees and costs, in accordance with
applicable law.
Arbitrator’s Fees: You and we agree that arbitration should be
cost-effective for all parties and that any party may engage with NAM, ADR
Services (as applicable), and/or the arbitrator to address the apportionment of
the arbitrator’s fees.
Confidentiality: The parties agree that the arbitrator is authorized to
issue an order requiring that confidential information of either party
disclosed during the arbitration (whether in documents or orally) may not be
used or disclosed except in connection with the arbitration or a proceeding to
enforce the arbitration award and that any permitted court filing of
confidential information must be done under seal to the furthest extent
permitted by law.
Requirement of Individualized Relief: The parties agree that the arbitrator
is authorized, upon either party’s request, to award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party’s individual claim.
If any of the prohibitions on non-individualized declaratory or injunctive
relief, class, representative, and private attorney general claims, or
consolidation set forth under this Arbitration Agreement are found to be
unenforceable with respect to a particular claim or with respect to a
particular request for relief (such as a request for injunctive relief sought
with respect to a particular claim), then, after exhaustion of all appeals, the
parties agree such a claim or request for relief shall be decided by a court of
competent jurisdiction, after all other arbitrable claims and requests for
relief are arbitrated.
You agree that any arbitrations between you and NCSOFT will be subject to
this Arbitration Agreement and not to any prior arbitration agreement you had
with NCSOFT, and, notwithstanding any provision in these Terms to the contrary,
you agree that this Arbitration Agreement amends any prior arbitration
agreement you had with NCSOFT, including with respect to claims that arose
before this or any prior arbitration agreement.
11.5 Opt-Out of Future Changes to Arbitration Agreement
Notwithstanding any provision to the contrary, if NCSOFT make any future
change to this Arbitration Agreement (other than a change to the Notice address or other non-material changes), you may reject any such change by submitting an
inquiry to NCSOFT via https://help.plaync.com within thirty (30) calendar days of the posting of the amended arbitration
agreement that provides: (i) your full legal name, (ii) your complete mailing
address, (iii) your phone number, (iv) the change(s) you are rejecting, (v)
and, if applicable, the username or email address associated with any purchase
from NCSOFT. It must include a statement, personally signed by you, that you
wish to reject the specified change to the Arbitration Agreement. This is not
an opt out of arbitration altogether.
11.6 Severability & Survival
If any provision of this Arbitration Agreement, or a portion thereof, is
found to be void, invalid, or otherwise unenforceable, then that portion shall
be deemed to be severable and, if possible, superseded by a valid, enforceable
provision, or portion thereof, that matches the intent of the original
provision, or portion thereof, as closely as possible. The remainder of this
Arbitration Agreement shall continue to be enforceable and valid according to
the terms contained herein.
Notwithstanding the foregoing, if any court or arbitrator determines that
the batching procedure for claims administered by NAM (set forth above) and the
ADR Services Batching Procedure are both void or unenforceable for any reason
or that an arbitration can proceed on a class basis, then, after exhaustion of
all appeals, the Arbitration Agreement shall be deemed null and void in its
entirety.
This Arbitration Agreement shall survive termination of this Terms. Except as provided in the opt-out provisions set forth above, the terms
and conditions of this Arbitration Agreement shall supersede and replace any
and all previous arbitration and class action/jury waiver agreements you may
have entered into with NCSOFT.
12. General
Terms
Failure by
NCSOFT to enforce any right or provision of these Terms will not be deemed a
waiver of such right or provision. In the event that any provision of these
Terms is held to be invalid or unenforceable, then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect. NCSOFT’s
failure to enforce any right or provision of these Terms will not be considered
a waiver of such right or provision. The waiver of any such right or provision
will be effective only if in writing and signed by a duly authorized
representative of NCSOFT. Except as specifically stated in these Terms, the
exercise by either party of any of its remedies under these Terms will be without
prejudice to its other remedies under these Terms or otherwise. You may not
assign or transfer these Terms, by operation of law or otherwise, without
NCSOFT’s prior written consent. Any attempt by you to assign or transfer these
Terms, without such consent, will be null. NCSOFT may freely assign or transfer
these Terms without restriction. Subject to the foregoing, these Terms will
bind and inure to the benefit of the parties, their successors and permitted
assigns.
If any provision of these Terms is held invalid or unenforceable for any
reason, the remainder of these Terms will continue in full force and effect and
such provision shall be ineffective only to the extent of such invalidity or
unenforceability.
Any notices
or other communications provided by NCSOFT under these Terms, including those
regarding modifications to these Terms, will be given: (i) via email; or (ii)
by posting to the Services. For notices made by e-mail, the date of receipt
will be deemed the date on which such notice is transmitted. These Terms and
our Privacy Policy are the entire and exclusive agreement between NCSOFT and
you regarding the Services (excluding any services for which you have a
separate agreement with NCSOFT that is explicitly in addition or in place of
these Terms), and these Terms supersede and replace any prior agreements
between NCSOFT and you regarding the Services and Content.
These Terms
are made in English, and any translation hereof is provided for reference only.
In the case of any discrepancy between the English version and any translation,
the English version shall prevail. Notwithstanding anything to the contrary, if
you are a resident of Japan, limited to Section 3 and Section 13, Japanese
version shall prevail over any translation.
These
Services are operated and provided by NCSOFT. If you have any questions about
these Terms, please contact us at https://help.plaync.com.
13.
EU-Specific Requirements
13.1. If you are situated in the European Union
(“EU”), the following provisions shall apply to you in addition to the above
provisions. In case of a conflict, the provisions in this Section 13 shall
supersede any conflicting provision in one of the above sections.
a)
ARBITRATION &
CLASS ACTION WAIVER NOTICE. This Section shall not apply.
b)
1. Basic Terms, shall be amended as follows:
First Subsection of Agreement to Terms shall be amended as follows:
“By accepting these Terms, you agree to be bound by these Terms. The
Services that NCSOFT provides are always evolving and the form and nature of
the Services may change from time to time. As a result, we may need to amend
these Terms from time to time for serious reasons, for example to reflect new
features and functionality in the Services or to comply with changes in the
applicable legislation.
We will inform you of the particular changes and of your right not to
accept them in advance via email no later than thirty (30) calendar days before
such changes come into force. We will also communicate to you the text of the
updated Terms. If you disagree with the changes, you can terminate the Terms in
accordance with Section 8 “Termination”. Your continued use of our Services
after the changes come into force will constitute your acceptance of those
changes. The latest version of these Terms will always be available on our
website. Changes to these Terms shall not affect your accrued rights and shall
not have retroactive effect.”
Registration shall be amended as follows:
The last sentence of Subsection 1 shall be replaced as follows:
“We reserve the right to force forfeiture of any username for any reason or
to disable any log-on ID, if you have failed to comply with any of the
provisions of these Terms or if any details you provide for the purposes of
registering as a User prove to be false”.
The last sentence of Subsection 2 shall be replaced with the following:
“We may restrict usage of such account or close your account and terminate
these Terms in accordance with Section 8 “Termination”. If you breach this
Section, you may be responsible for the conduct and actions of third parties
using your account, including for all violations of these Terms.”
The following Subsection is added to the Subsection Registration:
“If you are domiciled in the EU, you have the
right to withdraw from any purchase on the Service as follows:
Instructions on
withdrawal
Right of
withdrawal
You have the
right to withdraw from any contract within 14 calendar days without giving any
reason. The withdrawal period will expire after 14 days from the day of the
conclusion of the Contract. To exercise the right of withdrawal, you must
inform us,
NCSOFT Corporation
12, Daewangpangyo-ro 644, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of
Korea, https://help.plaync.com, of your
decision to withdraw from the contract by an unequivocal statement (e.g. a
letter sent by post, fax or e-mail). You may use the model withdrawal form, but
it is not obligatory.
To meet the
withdrawal deadline, it is sufficient for you to send your communication
concerning your exercise of the right of withdrawal before the withdrawal
period has expired.
Effects of
withdrawal
If you withdraw
from the contract, we shall reimburse to you all payments received from you
under this contract, including the costs of delivery (with the exception of the
supplementary costs resulting from your choice of a type of delivery other than
the least expensive type of standard delivery offered by us), without undue
delay and in any event not later than 14 calendar days from the day on which we
are informed about your decision to withdraw from this contract. We will carry
out such reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as a result of such reimbursement.
If you have
requested that the Services begin during the withdrawal period, you shall pay
us a reasonable amount corresponding to the proportion of the Services already
provided up to the time you have communicated us of the exercise of the right
of withdrawal from that contract, in comparison with the full coverage of these
Services under the contract.
Important:
You lose your
right of withdrawal after the Services have been fully supplied and if the
supply has begun with your prior express consent, and with the acknowledgement
that you will lose your right of withdrawal once the Services have been fully
supplied by us.
You lose your
right of withdrawal insofar as the contract comprises the supply of Services
which are not supplied on a tangible medium if the supply has begun with your
prior express consent and your acknowledgment that you thereby lose your right
of withdrawal.
Based on the aforesaid you understand that by purchasing Services, you
consent that we make available the Services to you directly after we have
accepted your order. You will lose your right of withdrawal once the Services
have been made fully available to you by us. However, applicable consumer
protection law, in particular your right of withdrawal will not in any way be
restricted by these Terms.”
c)
2. Updates shall be entirely replaced with the following:
“We may provide
or deploy patches, updates, upgrades, additional content or other modifications
to the Services from time to time that must be installed for you to continue to
use the Services. We may modify, suspend, discontinue, substitute, replace, or
limit your access to any aspect of the Services. We do so to maintain
conformity of the Services or for other important operational reasons, e.g. to
adapt the Services to a new technical environment or to enhance online
gameplay, add, update, or remove features, resolve software bugs, including
beyond what is necessary to maintain the Services in conformity for other
important operational reasons. You acknowledge that your use of the Services
does not confer on you any interest, monetary or otherwise, in any aspect or
feature of the Services, including but not limited to (where applicable) any
rewards, or User Content (save for where it is your own User Content). You also
acknowledge that any data, customization, or other data related to your use of
the Services may cease to be available to you, including without limitation
after a patch, update, or upgrade is applied. We do not have any maintenance or
support obligations with respect to the Services.
If any of the above-mentioned changes has a negative impact on your access
to the Services, we will inform you immediately about the change, the
characteristics and time of occurrence. If the impact of an upcoming change is
not minor, we undertake to inform you via email in a clear and comprehensible
manner: (i) of such changes before or simultaneously with the upcoming change;
and (ii) the features and time of the change; and (iii) of your right to
terminate free of charge the relevant contract which is affected by the change,
within 30 calendar days from receipt of such information or from the time when
the Services have been modified by us, whichever is later.
If you decide to terminate a contract in accordance with this Section, (i)
upon receiving a statement from you expressing your decision to terminate, we
will reimburse you without undue delay and in any event not later than 14
calendar days from such notice, subject to conformity of the Services until
receipt of your decision to terminate, only the proportionate part of the order
corresponding to the period of time during which the Services were not in
conformity, and any part of the amount paid by you in advance for any period
that would have remained had you decided not to terminate; and (ii) after the
termination of the contract, you undertake to refrain from using the Services
and/or from making it available to third parties.”
d)
3. App Currency and Content shall be
amended as follows:
The first two Subsections shall be entirely replaced with the following:
“We may offer you the ability to acquire in-app currency (“App Currency”)
or Content, such as by: (a) purchasing App Currency for a fee (“Purchased App
Currency”), (b) earning App Currency by performing or accomplishing specific
tasks in the Services, or (c) purchasing for a fee, exchanging App Currency
for, or earning Content.
When you earn or pay the fee to obtain such App Currency or Content, you
are obtaining or purchasing from NCSOFT the right to use such App Currency or
Content. The use of an NCSOFT account balance to purchase App Currency or
Content is subject to these Terms.”
Subsection six shall be replaced entirely with the following:
“You may not transfer, sell, gift, exchange, trade, lease, sublicense, or
rent App Currency or Content except within the Services and as expressly
permitted by NCSOFT”.
Subsection seven shall be entirely replaced as follows: “Except as
otherwise prohibited by applicable law or these Terms, NCSOFT reserves and
retains all rights, title, and interest, property or otherwise, in and to the
App Currency and Content. The App Currency and Content rights will terminate
upon termination and as otherwise provided herein.”
Subsection nine shall not apply.
e)
In 7. Copyright Policy the first
Subsection shall be entirely replaced with the following:
“NCSOFT respects copyright law and expects you and its Users to do the
same. It is NCSOFT’s policy to terminate in appropriate circumstances Users who
repeatedly infringe the rights of copyright holders. We may in our sole
discretion limit access to the Services and/or update, transfer, suspend, or
terminate the accounts of any Users who infringe the intellectual property
rights of others, whether or not there is any repeat infringement.”
f)
In 8. Termination the following shall be
amended:
The Subsection lit. a) shall be replaced with the following: “You may
terminate these Terms with NCSOFT at any time for any reason by deactivating
your account and discontinuing your use of the Services. Where you are a paid
subscription User, please note that if you terminate these Terms for cause before
the end of your Subscription Period, NCSOFT will refund your fees if required under
the applicable law. This provision does not exclude your right of withdrawal in
any case.”
In the first Subsection lit. b), the following shall be replaced as
follows: “We may suspend or terminate your account (including these Terms) or
cease providing you with all or part of the Services at any time for any
reason, unless prohibited by applicable law, including, but not limited to, if:
(i) you have violated these Terms, (ii) you create risk or possible legal
exposure for us; or (iii) our provision of the Services to you is no longer
commercially viable. In case of (iii), if we terminate your account and you
have paid fees, we will refund pro-rata to you any fees you have prepaid for
the remaining Subscription Period. Other
than that, you will not be entitled to any refunds except as set forth in these
Terms or required under the applicable law. If we suspend your access or delete
your account due to (i), you will not be entitled to any refunds, unless
otherwise required by applicable law.”
The last sentence of Section 8 shall be replaced entirely as follows:
Nothing in this Section 8 shall affect NCSOFT’s rights to change, limit or stop
the provision of the Services in accordance with this Section 8.”
g)
9. Indemnity. This Section shall not apply.
“If our Services are nonconforming, you may, if the requirements of the
applicable law are met, (i) demand supplementary performance, (ii) as the case
may be, withdraw from or terminate these Terms or reduce the price, and,
subject to the applicable law, (iii) claim damages or reimbursement of futile
expenses with the exception of Services that are offered by us free of charge.”
The last Subsection of 10.
Disclaimers and Limitations of Liability shall be entirely replaced with
the following:
“We shall be liable for damages and personal harm resulting from the
absence of a warranted characteristic or due to gross negligence or intent on
our part, our representatives, employees or agents. In addition, we shall be
liable in the event of slightly negligent breaches of material contractual
obligations, but limited in amount to the damage typically foreseeable.
Material contractual obligations are, in the abstract, obligations the
fulfilment of which makes the proper performance of a contract possible in the
first place and on the fulfilment of which the contracting parties may
regularly rely.
If German law applies to you (i) we are also liable for breach of a
guarantee and in accordance with the German Product Liability Act
(“Produkthaftungsgesetz”); and, in addition to (i), (ii) for the Services which
are offered by us free of charge, we are only liable for damages caused
intentionally or with gross negligence or for personal harm.
And further liability of us is hereby excluded to the maximum extent
permitted by applicable law.”
h)
11. Dispute Resolution shall be
entirely replaced with the following:
“Governing Law
These Terms and any action related thereto will be governed by the laws of
the Republic of Korea without regard to its conflict of laws provisions. The
non-exclusive jurisdiction of the court of Korea is agreed. However, nothing in
these Terms shall deprive you of any mandatory protections available to you
under your local law.
To the extent you act as a consumer, you also enjoy protection of the
mandatory provisions of the law of your country of residence. This means that
you may bring an action to enforce your consumer protection rights in
connection with these Terms either in Korea or in your country of residence
with the following exception:
If you reside in Germany, German law shall apply. The jurisdiction of the
courts of Germany is agreed. This means that you may bring an action to enforce
your consumer protection rights in connection with these Terms in Germany.
You also may address the European Commission through its Online Dispute
Resolution (ODR) platform for EU consumers: https://ec.europa.eu/consumers/odr.
We do not participate in this platform, however.”
i)
12. General Terms shall be
amended as follows:
Subsection one, the last two sentences shall be replaced as follows:
“NCSOFT may assign or transfer these Terms subject to applicable law. Subject
to the foregoing, these Terms will bind and inure to the benefit of the
parties, their successors and permitted assigns."
Subsection three shall be replaced as follows: "These Terms are made
in English. However, for residents of Germany, Switzerland, and Austria, the
German version shall prevail over the English version or any other
translations. For residents of France, the French version shall prevail over
the English version or any other translations. For residents of Spain, the Spanish version
shall prevail over the English version or any other translations.”
13.2. If you
act as a consumer and are a resident of France, the following provisions shall
apply to you in addition to the above provisions and, in the event of a
conflict, take precedence over any of the Terms, including those of Section
13.1.
·
Your continued use of the Services
following any change of the Terms does not mean that you accept those
changes.
·
Nothing in the Terms shall be construed
to exclude any warranties owed by NCSOFT under French laws or to limit NCSOFT's
obligations to provide the Services in accordance with the Terms and applicable
laws. All disclaimers of warranties included in the Terms do not apply to you.
·
Nothing in the Terms shall be construed
as excluding or limiting NCSOFT's
obligations to take all reasonable precautions to ensure the security of
personal data in accordance with applicable data protection regulations or more
generally to comply with applicable regulations. With respect to section 1
"Basic Terms - Registration", you are responsible for activities
conducted on your account only to the extent that they result from a breach of
any of your obligations under the Terms or from your negligence.
·
We will notify you of any changes to the
Services in accordance with Section 2 reasonably in advance, even if the
changes do not negatively impact your access to the Services.
·
Nothing in these Terms is a transfer of
copyright or any other intellectual property right from you to NCSOFT. With
respect to the User Content, you grant NCSOFT a license, including the right to
sublicense, to use, to reproduce, without limitation of number, and to
represent the User Content, in any audio, video, digital and online media and
to adapt and translate the User Content in any format and any environment, for
the sole purpose of promoting and providing the Services in accordance with the
Terms. These rights are granted on a royalty-free basis. They are
granted on a non-exclusive basis for the entire world for the maximum duration
of protection of the intellectual property rights relating to the content
concerned. To the extent they are applicable to your User Content, all your
moral rights remain unaffected from any provision in this User Agreement. You
do not waive your moral rights and do not agree to not exercise such moral
rights.
·
You acknowledge that NCSOFT can remove
any User Content that has been notified to it to the extent such User Content
infringes these Terms or is clearly unlawful. NCSOFT may only be liable in
relation to any User Content within the limits and conditions provided under
applicable laws.
·
With regards to subsection 3 of section
7. «Copyright policy » the statement that is required to be included in
the notice of alleged infringement shall not include a reference to any penalty
of perjury.
·
We may only terminate our agreement with
you/your account upon reasonable notice or otherwise if you have violated these
Terms or applicable laws. If we terminate your account and you have paid fees,
we will refund pro-rata to you any prepaid fees corresponding to unused
Services, or any price paid for unused App Currency, except if you have
violated these Terms or applicable laws and in accordance with applicable laws.
·
Any provision that would exclude or
limit our liability or otherwise reduce your right to compensation for any loss
suffered in the event of a breach of any of our obligations under these Terms
or applicable law shall not apply to you.
·
We will not assign our contract with you
if such assignment is likely to result in a reduction of your rights, without
your prior consent.
·
If you act as a consumer and are
resident in Spain, the application of the relevant Spanish consumer law shall
prevail in the event of any inconsistency between it and anything contained in
these Terms, including the ones of this Section 13.1.
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You are entitled to invoke the legal warranty of conformity in the event
of the appearance of a lack of conformity during the period of provision of
the Services. During this period, you are only required to establish the
existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity includes the obligation to provide all
updates necessary to maintain the conformity of the Services during the
period of provision of the Services.
The legal warranty of conformity entitles you to have the Services
brought into conformity without undue delay following your request, at no
cost and without any major inconvenience to you.
You may obtain a reduction in price by continuing to use the Services, or
you may terminate the Terms and obtain a full refund in return for renouncing
the Services if: 1° NCSOFT refuses to make the Services compliant; 2° Services compliance is unjustifiably delayed; 3° The Services cannot be brought into conformity at no cost to you; 4° Bringing the Services into conformity causes major inconvenience to
you; 5° The non-conformity of the Services persists despite NCSOFT's
unsuccessful attempt to bring them into conformity.
You are also entitled to a price reduction or to termination of the Terms
where the lack of conformity is so serious as to justify immediate price
reduction or termination of the Terms. In such cases, you are not obliged to
request that the Services be brought into conformity beforehand.
In cases where the lack of conformity is minor, you only have the right
to terminate the Terms if you did not pay a price.
Any period during which the Services are unavailable in order to be
brought back into conformity suspends the remaining warranty period until the
Services are supplied again in conformity.
These rights result from the application of articles L. 224-25-1 to L.
224-25-31 of the French Consumer Code.
Any professional which obstructs the implementation of the legal warranty
of conformity in bad faith is liable to a civil fine of up to 300,000 euros,
which may be increased to 10% of average annual sales (article L. 242-18-1 of
the French Consumer Code).
Consumers are also covered by the legal warranty for hidden defects under
articles 1641 to 1649 of the French Civil Code, for a period of two years
from the discovery of the defect. This warranty entitles the consumer to a
price reduction if the Services are retained, or to a full refund in exchange
for renunciation of the Services.
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