※ For users residing in the Republic of Korea, the Terms of Services at this link http://kr.plaync.com/policy/service will apply.
NCSOFT Terms of Service
YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THESE TERMS OF SERVICE BEFORE USING OUR SERVICES. BY CLICKING “I ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS.
You also hereby warrant and represent that you either: 1) have the legal capacity to agree to these Terms and are legally competent to read, understand and accept the provisions of these Terms on behalf of yourself; or 2) represent that your legal guardian has reviewed and agreed to these Terms and given consent in accordance with the applicable laws and in accordance with any relevant NCSOFT policy.
1. LIMITED LICENSE
1.1 License Grant – Subject to your acceptance and compliance with the conditions herein and all other policies or rules of conduct, NCSOFT hereby grants You a revocable, non-exclusive, license for personal and non-commercial use of the Game and Services that is non-transferable. Any Services or software (“Software”) supplied by NCSOFT in relation to the Game is licensed, not sold, by NCSOFT. All title and rights not expressly granted in these Terms of Service, including but not limited to any Intellectual Property (“IP”) right and the display thereof, are retained by NCSOFT and/or third-parties under agreement with NCSOFT. IP rights includes any or all of the trademarks, trade names, patent, copyright, registered designs, trade secrets or other industrial or intellectual property right subsisting in any territory.
1.2 License Pre-Conditions – You acknowledge that any NCSOFT license to use the Services, the content and the Game (and/or the creation of any Character) is pre-conditioned upon Your agreement to comply with all provisions of these Terms. YOU ACKNOWLEDGE THAT ANY SUCH LICENSE TERMINATES IMMEDIATELY ON NOTICE TO YOU IF YOU BREACH, OR OTHERWISE FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, OR IF YOU ARE FOUND TO HAVE PREVIOUSLY BREACHED OR FAILED TO COMPLY WITH NCSOFT’S TERMS OF SERVICE OR ITS POLICIES.
1.3 Minors - You shall restrict use by minors. You accept full responsibility for any use or action in respect of the Services by minors and You hereby consent to these Terms on behalf of such minors. .
1.4 License Restrictions – You agree that You will not, directly or indirectly, (except as expressly permitted under applicable law):
(i) reverse engineer, translate, adapt, disassemble, decompile, or reduce to any human-perceivable form, any Software or parts thereof, or other intellectual property used to provide the Services or the Game;
(ii) copy, distribute or reproduce any Services, any content therein, Software, or parts thereof;
(iii) modify, or create a derivative work of, any Services, any content therein, Software, or parts thereof; and/or
(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Services, any content therein, Software, or parts thereof, including but not limited to any serial code number, access key or the like.
2. ACCOUNT(S), SERVICES AND PAYMENTS
2.1 Account(s) – The Game may require you to create an NCSOFT account (“Account”). It is Your responsibility to establish any Account needed or recommended for the Game and to comply with any NCSOFT Policies for establishing and maintaining such Account(s). You are responsible for any use and related liabilities with respect to any Account for which You click “I ACCEPT,” whether or not such use and related liabilities were in any way authorized by You. It is Your responsibility to keep your Account information up to date, and safeguard any access control mechanisms You may have related to an Account such as a password or PIN.
FOR MOBILE APPLICATIONS, PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL ITEMS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR DEVICE OR DELETE THE GAME FROM YOUR DEVICE WITHOUT CREATING AN ACCOUNT.
2.2 Payments Related to Services and Content –You may be required to pay fees in relation to any Services or any content therein. YOU ACKNOWLEDGE AND AGREE THAT (a) UNLESS REQUIRED BY RELEVANT LAWS, NCSOFT HAS NO OBLIGATION TO REFUND ANY PAYMENTS IN WHOLE OR IN PART, AND (b) THAT NCSOFT MAY TERMINATE ANY ACCOUNT RELATED TO ANY ATTEMPT TO OBTAIN A REFUND OF ANY PAYMENTS.
2.3 No Cash Value of Virtual Items – Within the Services, You may be allowed to obtain “virtual currency” or “in-game items” from NCSOFT (or a third party authorized by NCSOFT) for use in connection with the Game (together, “Virtual Items”) or other offerings by NCSOFT. You acknowledge that a Virtual Item is digital material with no cash value, that no interest is paid or earned with respect to any Virtual Item, that Virtual Item is not personal property, that the quantity of Virtual Item in Your Account may be increased, decreased, modified or removed by NCSOFT in its sole and absolute discretion for any reason or no reason whatsoever, that You have no right to a refund related to a Virtual Item, that there is no right to transfer or exchange any Virtual Item. NCSOFT may limit Your license to use any Virtual Item or Services, content or activity, as well as any time period related thereto. In addition, You also acknowledge and further agree that You have no right to obtain any recompense (or compensation) for the foregoing.
3. YOUR RESPONSIBILITIES AND CONDUCT
You agree that You may not and will not,
(a) engage in any activity, including without limitation, with respect to any Account or Character, such as: (i) providing NCSOFT any inaccurate information regarding an Account; (ii) selecting an Account or Character ID that would require any license from any third party; (iii) implying any affiliation with NCSOFT or impersonating any other person;
(b) access or use the Account or personal information of another person without authorization;
(c) select an Account, Character ID or provide any communication or information within the Services that NCSOFT, in its sole and absolute discretion, deems to be vulgar, threatening, defamatory, libelous, obscene, racist, sexist, promoting sexual violence, advocating homosexuality or lesbianism, promoting incest, paedophilia, bestiality and necrophilia, glorifying or inciting ethnic, racial or religious hatred, or otherwise offensive.
(d) misappropriate, violate or infringe NCSOFT or any third-party IP right;
(e) be a party to any commercial activity related to the Game, including but not limited to: (i) providing or obtaining any digital material or content, including but not limited to any Virtual Item, any Account, or Character.
(f) use, or provide others with, any “hack,” “cheat,” “exploit” or “mod” or any other unauthorized software including any automation software (a.k.a. “bot”) or software designed to change or modify operation of the Game; or provide any service that interacts with the Software.
(g) knowingly affect the Services, the Game, any content or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used;
(h) use any NCSOFT IP right except as permitted under these Terms or otherwise permitted in writing by NCSOFT;
(i) engage in any activity prohibited under Section 1.4 above;
(j) violate or infringe copyright laws, or in any way circumvent (or attempt to circumvent) any NCSOFT technological measure intended to effectively control access to the Services, the Game, its content, Software, or any other NCSOFT IP right, circumvent any protection afforded by an NCSOFT technological measure to any NCSOFT IP right, or engage in any trafficking related to the foregoing;
(k) post or send any information (including software programs and files) prohibited by NCSOFT;
(l) modify or change any part of the Services or any information (including software programs and files) posted by NCSOFT;
(m) violate any law or governmental regulation related to the Game;
(n) gain unfair profit by deceit or fraud with respect to other users; and
(o) solicit, advertise or assist others in any of the foregoing activities.
4. TERMINATION OF ACCOUNT AND SERVICE
4.1 Account Suspension and/or Termination for Cause – NCSOFT may limit, suspend, modify, prohibit access to, and/or delete for cause (e.g., You breach, violate, or otherwise fail to comply with any of these Terms or NCSOFT Policies, or if such noncompliance, or illegal or improper activity is suspected) Your Account, all related content and/or characteristics related to a Character, with or without any notice. Any suspension and/or termination hereunder, as well as the timing thereof, shall be conclusively determined in the sole and absolute discretion of NCSOFT. YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD TO NOTICE OF TERMINATION FROM NCSOFT. YOU CAN LOSE YOUR ACCOUNT AND CHARACTER AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES. NCSOFT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
4.2 Effect – Suspension and/or termination of an Account under this Section also suspends and/or terminates (as applicable) any license granted by NCSOFT under these Terms. Termination of any license granted by NCSOFT is without prejudice to NCSOFT’s other rights or remedies under these Terms, and is without prejudice to the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
4.3 NCSOFT reserves the right to stop offering and/or supporting the Game, Services or part of the Services at any time by announcement on our website, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, unless required by relevant laws, NCSOFT shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Game.
5. USER CONTENT
5.1 Your Representations and Warranties – By transmitting, submitting, or posting any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the Services (“User Content”) while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the Services.
5.2 User Conduct – NCSOFT has no obligation under any circumstances to monitor user conduct or other activities related to the Game, nor, to review any information, feedback or communication related to the Game or user interactions, and assumes no responsibility for the failure to monitor any user conduct, including User Contents. NCSOFT may, in its sole and absolute discretion, choose to monitor user conduct or other activities related to the Game, or review any information, feedback or communication related to the Game. You consent to such monitoring, including but not limited to monitoring in-Game communications, Service or Software provided by NCSOFT, at any time and in any manner, including but not limited to monitoring communications interfaces, storage devices, random access memory or CPU processes related to hardware you use with the Game.
You acknowledge that NCSOFT may take any action, or no action whatsoever, based on such monitoring, information, feedback or communication, including but not limited to: (i) changing any portion of the Services, the content or Software; or (ii) terminating your Account. NCSOFT assumes no responsibility for, and You agree not to seek to hold NCSOFT liable for, the conduct of or the contents submitted by any third parties, including other users.
You acknowledge that You have no obligation to provide NCSOFT any information, feedback or communications related to the Game. You further agree to defend, indemnify and hold harmless NCSOFT with respect to any claim, cost, demand, expense or liability related to any information, feedback or communications You provide.
6. PUSH NOTIFICATIONS, SMS NOTIFICATIONS
NCSOFT may send local or push notifications to your device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the Services. You can manage push notifications from the “options” or “settings” page within the Game or Services. You may also be able to manage them from your device’s settings page. NCSOFT will obtain consents required in compliance with any applicable laws or regulations, if necessary, before sending any SMS or push notification to your device.
7. THIRD PARTY ADVERTISING
The Game or Service may feature advertisements from third parties or provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the NCSOFT Service and/or benefits (such as Virtual Items). Any charges, payments or “donations” or obligations you incur in your dealings with these third parties are your sole responsibility, and you acknowledge that NCSOFT has no responsibility with respect to the foregoing. NCSOFT makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim, cost, demand, expense or liability relating to any third party content, goods and/or services, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. The linked sites are not under the control of NCSOFT and may collect data or solicit personal information from you.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that You have no IP right related to the Game or any Services, the content therein, Software, or any combination of the foregoing or parts thereof except the limited license provided herein.
8.2 You acknowledge, and further agree, that You have no ownership or IP right related to any Account, any communication or information provided by You or anyone else, any information, feedback or communication related to the Game, any Character or characteristics related to a Character, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Services, content, Software, or parts thereof. All rights in and to an Account are and shall be owned by and inure to the benefit of NCSOFT.
8.3 To the extent You may claim any such IP right(s), including but not limited with respect to User Content that you upload, submit or transmit through the Service, You hereby grant NCSOFT a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to NCSOFT includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. In addition to the provisions of Section 11 below, You further agree to defend, indemnify and hold harmless NCSOFT with respect to any claim, cost, demand, expense and/or liability by or involving third parties that any such license to any such IP right(s) misappropriates, violates or infringes any third party IP right or other proprietary rights.
9. DISCLAIMER OF WARRANTIES
EACH GAME AND THE SERVICES IS/ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THEY ARE FREE FROM DEFECTS OR VIRUSES OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATING TO THE AVAILABILITY, OPERABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE GAME AND SERVICE, ANY RELATED SOFTWARE OR APPLICATION, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE GAME. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR: THE LOSS OR DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE SERVICES.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL NCSOFT, ANY THIRD PARTIES UNDER AGREEMENT WITH NCSOFT, ANY SUBSIDIARY OR AFFILIATE OF NCSOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY OR CAUSE OF ACTION ARISING IN ANY WAY RELATED TO THESE TERMS OR USE OF THE GAME, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY ENTERING INTO THIS AGREEMENT TO USE NCSOFT SERVICES, CONTENT OR SOFTWARE YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY / ALLOCATION OF RISK AND AGREE TO RELEASE NCSOFT, ANY THIRD PARTIES UNDER AGREEMENT WITH NCSOFT, ANY SUBSIDIARY OR AFFILIATE OF NCSOFT FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS THAT MAY ARISE UNDER, FROM OR IN ANY WAY RELATE TO THESE TERMS, DIRECTLY OR INDIRECTLY, IN EXCESS OF AN ENTIRE AND AGGREGATE MAXIMUM AMOUNT WHOSE TOTAL SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH ONE ACCOUNT IN THE PRECEDING SIX (6) MONTHS. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO NCSOFT, ANY THIRD PARTIES UNDER AGREEMENT WITH NCSOFT, ANY PARENT, SUBSIDIARY OR AFFILIATE OF NCSOFT, THEN ANY LICENSE YOU MAY HAVE UNDER THESE TERMS SHALL BE TERMINATED IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL LIMIT NCSOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
You agree to indemnify and hold harmless NCSOFT, any third parties under agreement with NCSOFT, any subsidiary or affiliate of NCSOFT, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) Your use or misuse of the Services, (b) any violation by You of NCSOFT Policies, or (c) any breach of the representations, warranties, and covenants made by You herein, or (d) Your actions to knowingly affect the Services, the Game, content therein or Software via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
12. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of Singapore without regard to its conflict of law provisions. You and NCSOFT each agree that any and all claims, causes of action or disputes (of whatsoever nature) arising out of or relating to the Terms or the relationship between you and NCSOFT, shall be resolved exclusively by arbitration by the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board.
It is Your responsibility to read, understand and accept these Terms and the NCSOFT Policies in effect, every time You use the Services.
WE MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME BY POSTING THE SAME OR BY ANNOUNCEMENT ON OUR WEBSITE NC.COM. YOUR CONTINUED USE OF THE GAME AND SERVICES FOLLOWING ANY MODIFICATIONS TO THESE TERMS WILL BE DEEMED ACCEPTANCE OF ANY SUCH MODIFICATIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE GAME OR SERVICES, OR DOWNLOAD OR USE ANY RELATED SOFTWARE.
14. GENERAL PROVISIONS
14.1 Entire Agreement - These Terms of Service and NCSOFT Policies set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between You and us.
14.2 Severability - If any provision of these Terms is determined to be invalid, illegal or unenforceable by the arbitrator, that provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, that provision will, to the extent required, be severed and deleted from these Terms. The remaining provisions of the Terms of Service shall remain in full force and effect.
14.3 Assignment - NCSOFT may assign or delegate these Terms to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms without NCSOFT’s prior written consent, and any unauthorized assignment and delegation by You is ineffective.
14.4 No Waiver - The failure of NCSOFT to require or enforce strict performance by You of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of NCSOFT’s right to assert or rely upon any such provision or right in that or any other instance.
14.5 Notices - We may notify You via postings on nc.com, or via e-mail or any other communications means You provide to us. Please address all communications to us through our Customer Service on our website nc.com.
14.6 Force Majeure - Both You and NCSOFT shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or cause beyond NCSOFT’s control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
14.7 Languages - Any translation of the English language version of these Terms and NCSOFT Policies is provided for reference purposes only. If there is a conflict between the English language version and its translations, the English language version will control.
Special Terms for United States Users
The following terms are only applicable to users residing in the United States.
1. No Class Actions. You agree to resolve any disputes related to these Terms as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to these Terms.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Special Terms for European Union Users
The following terms are only applicable to users residing in the European Union.
If You are ordinarily resident in the European Union any reference to “minors” shall be deemed a reference to the age in your home country, below which, children receive additional legal protection afforded to minors.
2. LIABILITY – OUR RESPONSIBILITY FOR LOSS OF DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
2.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
2.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
3. CANCELLATION RIGHT
3.1 You may cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days after the conclusion of the contract.
3.2 To exercise the right of cancellation, you must inform Service_EU@ncsoft.com of your decision to cancel which must be clearly communicated to us.
3.3 You may use the following model cancellation form below. Use of the form is optional.
3.4 If you choose to exercise your right to cancel, we will issue a refund of any unused portion of the services for which you have paid in advance.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To NCSOFT Corporation:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Special Terms for Taiwanese Users
THESE SPECIAL TERMS OF SERVICE (“Special Terms”) ARE FOR USERS RESIDING IN TAIWAN ONLY. IF YOU RESIDE IN TAIWAN, YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF SPECIAL TERMS BEFORE USING OUR SERVICES. BY CLICKING “I ACCEPT”, YOU AGREE TO BE BOUND BY BOTH TERMS AND SPECIAL TERMS.
These Special Terms consist of the terms and conditions below together with our Terms. If any Special Terms herein conflicts with Terms, Special Terms will prevail.
1. Section 2.2 of the Terms shall be replaced in its entirety by the following.
2.2 Payments Related to Service and Content –You may be required to pay fees in relation to any Service or any content therein. YOU AGREE THAT NCSOFT MAY TERMINATE ANY ACCOUNT RELATED TO ANY ATTEMPT TO OBTAIN A REFUND OF ANY PAYMENTS.
2.2 關於付款的服務和內容—你可能需要支付當中任何服務或內容的費用。您同意NCSOFT 可以終止任何您用於付款或退款的相關帳戶。
2. Section 4.4 shall be added after Section 4.3.
4.4 NCSOFT reserves the right to stop offering and/or supporting the Game, Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated after NCSOFT notifies you in written or by e-mail. In such event, NCSOFT will refund the unused payment that has deducted necessary cost to users in connection with such discontinued Services.
3. Section 13 of the Terms shall be replaced in its entirety by the following
13. WE NOTIFY THESE TERMS BY THE ANNOUNCEMENT, WRITTEN OR EMAIL NOTIFICATION. IF YOU RECEIVE THE NOTIFICATION AND CONTINUALLY USE THE GAME OR SERVICES IN 15 DAYS WITHOUT OPPOSING ANY OF THE FOLLOWING MODIFICATIONS TO THESE TERMS, IT WILL BE DEEMED AN ACCEPTANCE OF SUCH MODIFICATIONS.IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE GAME OR SERVICES, OR DOWNLOAD OR USE ANY RELATED SOFTWARE.
4. Section 15 shall be added after Section 14.
15. GAME LOGS AND RECORDS
We will keep Your log records for at least 30 days and will be made available for access upon a written request to the Company along with verification of Your identity. You will be responsible for any costs incurred in relation to such service. We may refuse any requests for access to such records after the 30 days have passed.