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