English
End User License Agreement
Last Updated: April 15, 2026
This End User License Agreement (the “Terms”)
is between you (or “User”) and NC 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 (“NC,” “we,” “us,” or “our”). These Terms govern
your access to and use of our PlayNC platform (the “Platform”), games that
NC 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 NC 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 NC AGREE THAT,
SUBJECT TO CERTAIN LIMITED EXCEPTIONS, DISPUTES BETWEEN YOU AND NC 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 NC 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.
NC 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 NC will use commercially reasonable efforts to provide
notice to you, NC 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 NC
granting you access to and use of the Services, you agree that NC 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 NC 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 NC 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 NC 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. NC, 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, NC, 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 NC.
Except as otherwise prohibited by
applicable law or these Terms, NC 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 NC
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 NC 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, NC 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 NC 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 NC; 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 NC 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
NC and its licensors own all title,
ownership rights, and intellectual property rights in and
to the Services (excluding the User Content),
NC, 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, NC 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.
NC does not claim any ownership rights in
any User Content. Subject to the license you grant to NC 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 NC and
its licensors (including other Users). The Services are protected by copyright,
trademark, and other applicable laws. NC reserves all rights not specifically
granted in these Terms.
To make the User Content available to you
and other Users, NC 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 NC
Subject to your compliance with these
Terms, NC 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.
NC 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. NC 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 NC’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 NC 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 NC shall not be responsible or liable
for your or others’ User Content or for any use of your User Content by NC in accordance
with these Terms. Complaints about any Content must be
submitted to NC via https://help.plaync.com and
must contain details of the specific Content giving rise to the complaint.
NC 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 NC 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 NC’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) NC does not need to obtain any further
licenses, provide attribution, or pay royalties or other compensation to any
third parties; NC’s use of your User Content
will not violate any third-party contract or cause NC to violate any applicable
laws or regulations.
You acknowledge and agree that any
feedback, comments, or suggestions you may provide regarding NC, 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 NC, and not with the App Provider; between NC and the
App Provider, NC 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 NC.
· 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, NC 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 NC, its Users and the public. NC 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, NC’s computer systems, or
the systems of NC 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 NC (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with
NC (scraping the Services without the prior consent of NC 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, NC’s name, any NC 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 NC’s express written consent;
· avoid,
bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by NC or any of NC’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 NC 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 NC trademark, logo
URL or product name without NC’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
NC respects copyright law and expects you
and its Users to do the same. It is NC’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 NC as follows:
a) You
may terminate these Terms with NC 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 NC’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 NC 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 NC and its parents, subsidiaries, affiliates,
related companies, officers, directors, employees, agents, representatives,
partners, and licensors (all together, the “NC 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 NCs
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, NC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
NC 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 NC 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 NC 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 NC, 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. NC 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 NC 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 NC’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR (II)
FRAUDULENT MISREPRESENTATION, IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF THE NC ENTITIES EXCEED THE GREATER OF ONE
THOUSAND U.S. DOLLARS (U.S. $1000.00) OR THE AMOUNT YOU PAID NC, 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 NC 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 NC 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 NC 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 NC 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 NC, 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 NC 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 NC 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 NC 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 NC 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 NC 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 NC 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 NC. 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 NC’s arbitration agreements and class
action provisions. If you timely provide NC 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 NC each agree to send the other party a written notice of Dispute
(a “Notice”). A Notice from you to NC 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 NC, 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. NC 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 NC 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 NC 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. NC 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 NC 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. NC 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 NC will be subject to this Arbitration Agreement and not to any prior
arbitration agreement you had with NC, and, notwithstanding any provision in
these Terms to the contrary, you agree that this Arbitration Agreement amends
any prior arbitration agreement you had with NC, 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 NC 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 NC 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 NC.
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 NC.
12. General Terms
Failure by NC 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. NC’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 NC. 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 NC’s prior written consent. Any attempt by you to assign or transfer
these Terms, without such consent, will be null. NC 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 NC 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 NC and you regarding the Services
(excluding any services for which you have a separate agreement with NC that is
explicitly in addition or in place of these Terms), and these Terms supersede
and replace any prior agreements between NC 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
NC. 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 NC 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,
NC 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 NC the right to
use such App Currency or Content. The use of an NC 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 NC”.
Subsection seven shall be entirely replaced
as follows: “Except as otherwise prohibited by applicable law or these Terms, NC
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:
“NC respects copyright law and expects you
and its Users to do the same. It is NC’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 NC 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, NC 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 NC’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: “NC 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 NC under
French laws or to limit NC'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 NC'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 NC. With respect to the User Content, you grant NC 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 NC can remove any User Content that has been notified to it to
the extent such User Content infringes these Terms or is clearly unlawful. NC
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° NC 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 NC'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. |