End User License Agreement
Last
Updated: March 12, 2024
This End User
License Agreement (“Terms”) are 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 available through the Platform (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”).
ARBITRATION
NOTICE: UNLESS YOU ARE IN THE UNITED KINGDOM,
OR YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU
FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN
SECTION 11 (“DISPUTE RESOLUTION”), AND EXCEPT FOR CERTAIN TYPES OF DISPUTES
DESCRIBED IN SECTION 11, YOU AGREE THAT 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.
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. That being said, we will
provide you with notice
of such 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 subsidiary, 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, we may update the Services remotely without
notifying you, and apply 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.
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 under license such App Currency or Content. Regardless of any references NCSOFT
may make outside this Agreement to purchasing or selling App Currency or
Content, both App Currency and Content are licensed, not sold, to you under the
license. Use of an NCSOFT account balance to purchase App Currency or Content
is subject to these Terms.
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: (i)
you grant express consent and acknowledge that (ii) 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).
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.
We do not endorse, support, represent, or guarantee
the completeness, truthfulness, accuracy, or reliability of any User Content or
communications posted via the Services. We also do not endorse any opinions
expressed via the Services. You understand that by using the Services, you may
be exposed to User Content that might be offensive, harmful, inaccurate,
or otherwise inappropriate, or in some cases, postings that have been
mislabeled or are otherwise deceptive. Under no circumstances will NCSOFT be
liable in any way for any User Content, including, but not limited to, any errors or
omissions in any User Content, or any loss or damage of any kind incurred as
a result of the use of any User Content posted, emailed, transmitted or otherwise made
available via the Services or broadcast elsewhere.
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 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 to 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 does not violate 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
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, however nothing in these Terms shall deprive
you of any mandatory protections available to you under your local law.
Agreement to Arbitrate
Unless you are a User located in the United Kingdom:
You and
NCSOFT agree that any dispute, claim, or controversy arising out of or relating
to these Terms, or the use of the Services or Content (all together,
“Disputes”) will be settled by binding arbitration, except that each party
retains the right: (i) to bring an individual action in small claims court (a
“Small Claims Action”) and (ii) 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 (an
“IP Protection Action”). You agree you may bring arbitration claims only on
your own behalf and not on behalf of any other person or entity.
Unless you
timely provide NCSOFT with an Arbitration Opt-out Notice (as defined below in
the subsection titled “Your Choices”), you acknowledge and agree that you and
NCSOFT are each waiving the right to a trial by jury or to participate as a
plaintiff or class member in any purported class action or representative
proceeding. Further, unless both you and NCSOFT otherwise agree in writing, the
arbitrator may not consolidate more than one person’s claims and may not
otherwise preside over any form of any class or representative proceeding.
This
clause does not limit either party’s ability to file an action in a court with
jurisdiction to seek injunctive or other equitable relief for disputes relating
to intellectual property, proprietary data or to enforce this dispute
resolution clause, including your agreement not to assert claims related to the
suspension or termination of another person’s account. In any such action, the
court rather than an arbitrator must decide whether such a claim is arbitrable
and must decide whether the party is entitled to the requested injunctive or
other equitable relief.
Arbitration Rules
The
arbitration will be administered by the American Arbitration Association
(“AAA”) in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) in the
United States then in effect, except as modified by this Section 11. (The AAA
Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act
will govern the interpretation and enforcement of this Section 11. This
arbitration section is drafted for the United States. If you are domiciled
outside of the United States, except where this arbitration section is not
applicable, the International Centre for Dispute Resolution (“ICDR”) rules
shall apply.
Arbitration Process
A party
who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the applicable rules. (The arbitrator
will be either a retired judge or an attorney licensed to practice law and will
be selected by the parties from the AAA’s roster of arbitrators. If the parties
are unable to agree upon an arbitrator within seven (7) days of delivery of the
Demand for Arbitration, then the AAA will appoint the arbitrator in accordance
with the AAA Rules.
Arbitration Location and Procedure
Unless you
and NCSOFT otherwise agree, in the United States, the arbitration will be
conducted in the state where you reside, with the option for you to participate
telephonically to the extent the AAA Rules allow. If your claim does not exceed
$10,000, then the arbitration will be conducted solely on the basis of the
documents that you and NCSOFT submit to the arbitrator, unless you request a
hearing or the arbitrator determines that a hearing is necessary. If your claim
exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
Subject to the AAA Rules, the arbitrator will have the discretion to direct a
reasonable exchange of information by the parties, consistent with the
expedited nature of the arbitration.
Arbitrator’s Decision
The
arbitrator will render an award within the time frame specified in the AAA
Rules. The arbitrator’s decision will include the essential findings and
conclusions which the arbitrator based its award on. Judgment on the
arbitration award may be entered in any court having jurisdiction over the
arbitration award. The arbitrator’s award of damages must be consistent with
the terms of the “Limitation of Liability” subsection of Section 10 above as to
the types and amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the
claimant’s individual claim. If you prevail in arbitration you will be entitled
to an award of attorneys’ fees and expenses, to the extent provided under
applicable law. NCSOFT will not seek, and hereby waives all rights it may have
under applicable law to recover, attorneys’ fees and expenses if it prevails in
arbitration, unless such arbitration is found by the arbitrator to be frivolous
under the standards of the Federal Rules of Civil Procedure 11(b) and in that
case NCSOFT shall be entitled to recover attorneys’ fees in addition to any
damages awarded to it.
Fees
If the
arbitrator finds that your payment of the administrative and arbitrator fees
(excluding any attorney’s fees) under this subsection is a burden on you, we
agree to pay those fees for you (but not any attorney’s fees).
Changes
By rejecting any changes to these
Terms in accordance with Section 1, unless you
are a User situated in the United Kingdom, you are agreeing that you
will arbitrate any Dispute between you and NCSOFT in accordance with the
provisions of this Section 11 as of the date you first accepted these Terms (or
accepted any subsequent changes to these Terms).
Your Choices
Unless you are located in the United Kingdom or in a
jurisdiction where this provision is not enforceable, if you don’t want
to settle Disputes by arbitration as described above, you will notify NCSOFT by
submitting a written notice to https://help.plaync.com. telling us that you don’t want to use arbitration, within thirty (30)
days of the date on which you agreed to these Terms (such notice, an
“Arbitration Opt-out Notice”). For Users who submit an
Arbitration Opt-out Notice or for User situated in the United Kingdom or other
jurisdiction where this provision is not enforceable, you agree
that all Disputes will be resolved exclusively by a court of competent
jurisdiction located in in your jurisdiction of residence. Unless you are situated in the United Kingdom
or other jurisdiction where this provision is not enforceable, if you
don’t provide NCSOFT with an Arbitration Opt-out Notice within the 30 day
period, you will be deemed to have knowingly and intentionally waived your
right to litigate any dispute except for a Small Claims Action and an IP
Protection Action as stated above.
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.
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 NOTICE. This Section shall not apply.
b)
1. Basic Terms, shall be amended as follows:
Agreement to
Terms shall be entirely replaced with the following:
“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.
We will do our
best to make the Services available to you. However, you acknowledge and accept
that Services may have a limited lifecycle or that we may no longer be able to
provide the Services for business reasons or due to legal, technical, or other
objective reasons. If we decide to stop providing Services, we will inform you
180 calendar days in advance and we will comply with our legal obligations to
you. If we have to stop providing Services for legal, technical, or other
objective reasons, we will inform you in advance (unless immediate removal of Services
is required) and we assume no liability except for the cases where such Services
removal or closure is due to our fault or if otherwise required by the
applicable law.”
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.
As resident in
the EU you also may address the European Commission through its Online Dispute
Resolution (ODR) platform for EU consumers: https://ec.europa.eu/consumers/odr.
We however do not participate in this platform.”
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 does not apply to you.
·
Nothing in the
Terms shall be construed as excluding or limiting NCSFOT'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.
|
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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