Last Updated: 01 April 2023

This User Agreement governs your Use of our Services. Each time you Use the Services or otherwise indicate your consent, you agree to the terms of this User Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT, DO NOT USE THE SERVICES.

Please note the following with respect to this User Agreement:

• To help you understand this User Agreement, we have provided summaries of certain sections that you can view by hovering over the relevant section. These summaries are designed to provide high-level descriptions of the obligations and restrictions to which you will be subject if and when you accept this User Agreement. However, these summaries are provided for ease of reference only, and only the actual text of the User Agreement itself is legally binding.
• Definitions of undefined capitalized terms can be found at the end of this User Agreement.
• This User Agreement contains a binding mutual arbitration provision. By accepting this User Agreement you agree to binding arbitration.
• Users who primarily reside in Germany are subject to special provisions set forth in Section 7 of this User Agreement. If there is a conflict between Section 7 and another part of this User Agreement in relation to a German resident, the relevant terms of Section 7 will take precedence as to that person.
• Users who primarily reside in France are subject to special provisions set forth in Section 8 of this User Agreement. If there is a conflict between Section 8 and another part of this User Agreement in relation to a French resident, the relevant terms of Section 8 will take precedence as to that person.
• Subject to any other requirements under applicable laws or other provisions of this User Agreement, we may modify this User Agreement from time to time in our sole discretion. Depending on what kind of changes we make, it may be appropriate for us to provide you with notice of them (e.g., via a banner in a Game, an email notification, etc.). It is your responsibility to check this User Agreement periodically for changes, and your continued Use of the Services following the posting of changes will mean that you accept any changes. Any changes to this User Agreement will apply immediately upon posting.
• Solely with respect to users who reside in an EU Member State, modifications of the User Agreement that relate to the Use of digital content or digital services (as defined in the DCD) will only apply to the extent (i) they are made without additional cost to the user, (ii) the user is informed in a clear and comprehensible manner of the modification, and (iii) such modifications are made for maintaining the overall balance of a Game, accounting for new modes or mechanics of play of a Game, ensuring a fair playing environment for all users, complying with applicable law, or otherwise keeping the User Agreement consistent with best practices and commercial norms. To the extent that the modifications negatively impact the user who resides in an EU Member State’s access to or Use of the digital content or digital services the user is entitled to terminate the agreement concerning that digital content or digital services free of charge within 30 calendar days of receipt of the information or of the time when the digital content or digital service has been modified by NCSOFT, whichever is later. In cases of negative impact on the digital content or digital service, NCSOFT will inform the user who resides in an EU Member State reasonably in advance on a durable medium of the features and time of the modification and of the right to terminate the respective agreement as described above or of the possibility to maintain the digital content or digital service without such modification.

1. OUR SERVICES

1.1 Eligibility
1.1.1 Accounts.

To Use the Services, you may need to register an account (“Account”) and/or create a name for a display, character, pet, item, etc. (“Name”). You may create multiple Accounts, but each Account may only be Used by one person and may be subject to additional terms (e.g., terms of service, code of conduct, etc.), which may be described in this User Agreement, notified to you at the time you create an Account, or otherwise made generally available by us to our users. To the extent such additional terms are to apply to you as a resident of an EU Member State, NCSOFT will make available to you the respective terms (e.g., on our “legal” or similar web page) before you can conclude an agreement to Use the respective Services. Please refer to our respective pages available at https://www.bladeandsoul.com/en-us/legal (for Blade & Soul), https://lineage2.com/en-us/legal (for Lineage 2), and https://www.aiononline.com/en-us/legal (for AION) for additional terms which may apply to you. You must understand and comply with any such additional terms. Some Accounts (called “Operator Accounts” in this User Agreement) may be created with third-party operators (e.g., distributors of platforms through which our Services may be accessible (“Operators”)). Operator Accounts may be subject to terms and conditions imposed by relevant Operators. We may provide the option for you to log in to your Account or Use the Services using credentials from a third-party service, such as your Steam® account. Again, you must comply with any terms and conditions imposed by such third-party operator concerning your Use of the credentials provided. In any case, you must only submit correct information when creating an Account (including, for the avoidance of doubt, an Operator Account) and/or credentials from a third-party service and keep such information up to date. You are responsible for protecting your Account from unauthorized access or Use. You are responsible for any Use and related liabilities with respect to any Account for which you click "I ACCEPT" where you intentionally or negligently allow any third party to access Your Account. It is your responsibility to safeguard any access control mechanisms you may have related to an Account, such as a password or PIN. You must promptly notify us of any known or suspected unauthorized Use of your Account.

1.1.2 Age Requirements.

The Services are only available to persons that are either: (i) at least 18 years old and competent to understand and accept the terms of this User Agreement for themselves; or (ii) minor users (“Minor Users”) whose Use of the Services has been approved by a person with legal authority over them (e.g., a parent or legal guardian) that is at least 18 years old and competent to understand and accept the terms of this User Agreement for themselves (such person, a “Responsible Adult”). The following additional requirements apply to Responsible Adults and Minor Users: (a) the Minor User and their Responsible Adult must review this User Agreement together; (b) a Minor User’s Responsible Adult is liable for the Minor User’s acts when they Use the Services and is bound by this User Agreement; (c) Responsible Adults must supervise their Minor Users’ Use of the Services and inform them of the rules contained in this User Agreement. A Responsible Adult may not allow a Minor User who does not understand this User Agreement to access the Services. The Services are not intended for Children, and Responsible Adults are prohibited from allowing Children to access to the Services.

1.1.3 Additional Restrictions.

We may restrict the Use of any portion of the Services based on legal obligations, regulations, your residence, or other factors.

1.2 Naming Policy
You may not select a Name that is:

• vulgar, threatening, racist, sexist, bigoted, defamatory, derogatory, libelous, or otherwise offensive;
• a reference to sexual acts or violence, pornography, human anatomy, or bodily functions, an actual person (including religious or historical figures), copyrighted or trademarked materials (including names of characters from third-party properties), or illegal activities; or
• a misspelling or alternative spelling of a Name that violates any of these rules, the Rules of Conduct, or any other portion of this User Agreement.

We reserve the right to examine Names on a case-by-case basis and take whatever reasonable action we deem necessary.

1.3 License and Restrictions

1.3.1 Licensed, Not Sold.

We do not sell any right or interest in the Services to you. Subject to your compliance with this User Agreement, we grant you a revocable, non-exclusive, non-transferrable or assignable license for personal and non-commercial Use of the Services.

Our Services are protected by copyright law, international treaty provisions, and other applicable law. We and our licensors retain all rights, title, and interest in the Services not expressly granted in this User Agreement. Nothing in this User Agreement limits your right to resell the original physical medium that contains the Services.

1.3.2 License Subject to Change.

Except as otherwise provided in Section 7 or 8 below or prohibited by applicable law (e.g. by the DCD for residents of an EU Member State), we may modify, restrict, or delete any Services, Account, or Name.

We may provide subsequent versions, updates, or modifications, such as security patches, related to any part of the Services that you must accept or install before you will be able to continue to Use the Services. If you do not accept or install such updates, you will be responsible for any defects arising due to the missing update.

If you are a resident of an EU Member State, changes of rights are considered modifications of the Services and only apply to the extent (i) they are made without additional cost to you, (ii) you are informed in a clear and comprehensible manner of the change, and (iii) such change is made for maintaining the overall balance of a Game, accounting for new modes or mechanics of play of a Game, ensuring a fair playing environment for all users, complying with applicable law, or otherwise keeping the User Agreement consistent with best practices and commercial norms. To the extent that the change negatively impacts your access to or Use of the Services you are entitled to terminate the related agreement free of charge within 30 calendar days of receipt of the information or of the time when the right to Use the Services is changed by NCSOFT, whichever is later. In cases of negative impact on the Services, NCSOFT will inform you reasonably in advance on a durable medium of the features and time of the change and of the right to terminate the agreement as described above or of the possibility to maintain the Services without such change of rights.

1.3.3 System Requirements.

To Use the Services, you must meet certain hardware, software, and connectivity requirements, including those as may be stated on a Game’s product packaging and/or the online storefront through which a Game is sold. If you are a resident of an EU Member State, we or a relevant Operator will provide information on any hardware, software and/or connectivity requirements on our websites before you can conclude an agreement with us to Use the Services. We will Use your device’s hardware, software, internet, and information to provide the Services.

Your Use of the Services may require you to have additional licenses, and you are responsible for obtaining any such third-party license and for supplying any necessary communications connections (such as Internet access) and hardware. If you are a resident of an EU Member State, we will inform you of any required special third-party license beyond fundamental connectivity requirements (e.g., operating system, internet connection, telephony, etc.) before you can conclude an agreement with us to Use the Services. You are also responsible for any costs or expenses related to these requirements.

1.3.4 Services May be Interrupted.

We do not guarantee you will be able to Use the Services whenever you wish to do so. We may interrupt the Services on a regular basis for maintenance or updates and, except as otherwise required under this User Agreement or applicable law, may do so without providing notice before such interruption.

1.4 Payments and Refunds

1.4.1 Required Payments.

We may require you to pay to Use the Services. If you fail to remit any required payment, we may terminate your Use of the Services, in whole or in part. We will establish the timing and form in which you must make any such payment.

1.4.2 Game Enhancements, Modifications, Updates, and Patches

In addition to any initial payment you may have made related to a Game, NCSOFT may provide subsequent versions, enhancements, modifications, upgrades, or patches related to a Game. NCSOFT may, in its reasonable discretion but subject to the requirements of applicable mandatory law, require you to pay for the foregoing or to be making payments under Section 1.4 and, if you do not, NCSOFT may terminate your Account.

1.4.3 Virtual Goods.

We may make Virtual Goods available for Use within the Services. We do not sell any right or interest in the Virtual Goods to you, and there is no exchange of goods nor transfer of ownership. You do not own Virtual Goods. Subject to your compliance with this User Agreement, we grant you a limited license to the Virtual Goods to enhance your Use of the Services. Virtual Goods have no cash value and do not accrue interest. Virtual Goods may only be redeemed for goods and services within the Services and cannot be otherwise redeemed or sold. We may offer Virtual Goods in a variety of ways (e.g., for money, NCoins or through promotions). Except as otherwise provided in Sections 7 or 8 below or prohibited by law, we may restrict, discontinue, modify, devalue, or remove Virtual Goods from any Account or from the Services; remove or disassociate Virtual Goods from any Account; and establish any other reasonable additional restrictions related to Virtual Goods.

1.4.4 Third-Party Payments.

We have no responsibility with respect to any payments you make to any third party. Making such payments may violate Rules of Conduct (defined in Section 3.1 below) if, for example, such payments are for cheat programs.

1.4.5 No Refunds.

EXCEPT TO THE EXTENT PROVIDED UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION TO REFUND ANY PAYMENTS. WHEN A REFUND HAS BEEN OBTAINED WITHOUT OUR CONSENT, FOR EXAMPLE, BY DISPUTING OR REVERSING PAYMENT THROUGH YOUR CREDIT CARD PROVIDER OR OPERATOR, WE MAY TAKE ANY REASONABLE ACTION WE DEEM APPROPRIATE UNDER THE CIRCUMSTANCES.

This Section 1.4.5 does not apply to you if you are a resident of an EU Member State. We will refund any payments we have an obligation to make under the laws applicable in your respective EU Member State of residence.

1.5 Privacy Policy

Our collection, use, storage, and retention of your personal information is subject to our Privacy Policy. It is your responsibility to read and understand the Privacy Policy in effect in connection with your Use of the Services.

1.6 Security and Monitoring

1.6.1 Security.

Internet transmissions are never completely private or secure. Others may read or intercept any message or information you send to or through the Services, even if there is a special notice that a transmission is secured.

1.6.2 Monitoring.

WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR THE OPERATION OF THE SERVICES. MONITORING INCLUDES, BUT IS NOT LIMITED TO, MONITORING COMMUNICATION INTERFACES, STORAGE DEVICES, OR CPU PROCESSES RELATED TO HARDWARE YOU USE WITH THE SERVICES. YOU ACKNOWLEDGE THAT WE MAY UNDERTAKE THE FOREGOING MONITORING AND THAT WE MAY COMMUNICATE ANY INFORMATION BETWEEN HARDWARE YOU USE WITH THE SERVICES AND ANY MECHANISM NCSOFT DEEMS APPROPRIATE. YOU ALSO ACKNOWLEDGE THAT AS A RESULT OF SUCH MONITORING WE MAY, IN OUR REASONABLE DISCRETION, TAKE ANY ACTION, INCLUDING: (i) CHANGING ANY PORTION OF THE SERVICE; (ii) SEEKING RECOURSE AGAINST YOU; OR (iii) TAKING ANY ACTION ON YOUR ACCOUNT WITH OR WITHOUT NOTICE. Please note that, to the extent any monitoring activities described in this paragraph involve your personal information, such monitoring activities and any subsequent data processing will be described our Privacy Policy.

1.7 Termination and Sanctions

1.7.1 Termination of Services.

We may terminate the Services at any time, subject, as to residents of an EU Member state, to any applicable local requirements.

1.7.2 Account Termination.

You may terminate your Use of the Service and any Account at any time by contacting customer support (“Customer Support”). Account termination is permanent and irreversible, and, in the event thereof, we will not be able to restore or access the following: (i) refund information, (ii) payment transactions, (iii) Virtual Goods, (iv) subscriptions, or (v) support history. We cannot restore a terminated Account. If you are a resident of an EU Member State, nothing in this Section 1.7.2 shall keep you from exercising your statutory rights in connection with a termination.

1.7.3 Violations.

We may terminate your Account and/or take other appropriate measures, as determined in our sole discretion, if you or anyone using your Account or Name associated with you violates this User Agreement or the Rules of Conduct (including, for clarity, any community standards, policies, codes, or similar rules for the Services posted or otherwise made publicly available by us (“Community Standards”). We primarily respond to violations or reports of violations of this User Agreement through warnings, temporary Service suspensions, or permanent Service terminations, depending on the severity of the violation. Any violation may result in a flag or mark on the Account in addition to any other disciplinary measures. We keep a record of each user’s complete Account history, and Accounts that are frequently involved in violations are subject to termination. If you have more than one Account, depending on the type of violation, we may terminate all of your Accounts associated with you or take other measures, with or without notice. We have no obligation to accept appeals. We also have no obligation to explain any decision regarding a violation of this User Agreement.

In the event your Account is terminated by us in accordance with this Section 1.7.3, your license for Use of the Services (including with respect to any individual Game) as set forth in Section 1.3.1 will immediately terminate and you must accordingly cease such Use. Continued Use of the Services by you after such termination will be an infringement of our intellectual property rights in and to the Services and may result in severe civil and/or criminal penalties.

If you are a resident of an EU Member State, nothing in this Section 1.7.3 shall keep you from exercising your statutory rights. We may be obliged to accept appeals or to explain our decisions under applicable local law.

2. THIRD-PARTY CONTENT

2.1 Third-Party Software, Websites, and Programs

2.1.1 Third-Party Software.

The Services may contain third-party software (“Third-Party Software”). Any such Third-Party Software is provided under the terms and conditions of the Third-Party Software license agreements accompanying such Third-Party Software or as described in the documentation provided with the Services. You agree to fully comply with such terms and conditions of any Third-Party Software you install or use. WE HAVE NO OBLIGATION TO PROVIDE SUPPORT SERVICES FOR ANY THIRD-PARTY SOFTWARE.

2.1.2 Third-Party Websites.

The Services may contain links to third-party websites. We do not control third-party websites and are not responsible for and do not endorse the content of such third-party websites.

2.1.3 Prohibited Third-Party Programs.

We do not permit the Use of any third-party software, tools, or programs that interact with the Services that give one player an unintended, unnatural, or unfair advantage over another player. Such prohibited third-party software, tools, or programs include those that alter Game-balance in favor of one player over another, automate actions within the Services, promote unattended gameplay, or have an adverse effect on other users of the Services. Prohibited third-party programs will be determined at our sole discretion.

2.2 User Content and Feedback

2.2.1 No Confidentiality.

You may create User Content or submit feedback (“Feedback”). There is no confidentiality with respect to any User Content or Feedback. You represent that you have all necessary rights to Use and authorize us to Use User Content or Feedback.

2.2.2 Ownership and Rights.

We own Feedback; you may retain some rights in User Content. To the extent that User Content constitutes derivative works of our content (“Our Content”), we own such User Content from the moment of creation. You may own rights in the additions, changes, or other new material included in the User Content. You hereby grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, broadcast, license, post, sell, distribute, prepare derivative works of, display, and perform any User Content for any purpose (including promotional purposes) in any medium, without compensation or credit. You also hereby grant each user of the Services a perpetual non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display, and perform such User Content as permitted through the Services and under this User Agreement. For the avoidance of doubt, without limiting the generality of the rights granted to us, the rights described in the preceding sentence include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; and to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content.

The rights, licenses and privileges described in this Section 2.2.2 and granted to us commence immediately upon submission of your User Content and continue thereafter perpetually and indefinitely, regardless of whether you continue to Use the Services, unless and until terminated, in whole or in part, by us through notice to you. Notwithstanding the foregoing, you acknowledge and agree that we will not be required or have any obligation to host, index, display, accept, or Use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and we may, in our sole discretion, remove or refuse to host, index, display, accept, use, or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you will have no right to prohibit, restrict, revoke, or terminate any of the rights granted to us. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any Use made of your User Content once submitted. You also understand and agree that neither all nor any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, needs to be submitted for approval prior to use.

Notwithstanding the above, to the extent that we, our licensors, you, or any other person makes audio edits to any licensed music content incorporated in the Services, neither we, our licensors, you, or such person shall obtain any ownership or interest in the audio portion of any such derivative works of such licensed music content, and as between us, our licensors, you, any other person, and the licensor of such music content, the licensor shall retain sole ownership in any audio portion of such derivative works. The foregoing shall not apply to graphical or gameplay elements incorporated in the Services, audio content owned by us and our licensors or any non-audio elements added to any licensed music content (the ownership of which shall remain with us and our licensors).

You hereby release us and our licensees from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any Use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to us under this User Agreement.

2.2.3 Obligations.

If you submit User Content, you must abide by the following:

i. You may Use Our Content if you (a) Use Our Content and the User Content in a non-commercial context for private, personal Use only, (b) include appropriate attribution to us, (c) acknowledge that you have no right to Our Content, and (d) do not present the User Content as officially sanctioned by or professionally associated with us. We have the right to require removal of Our Content for any reason.

ii. You may not Use Our Content on sites that contain or link to sites containing objectionable material (e.g., illegal activities, drug use, or pornography), as determined by us.

iii. To avoid confusion between official NCSOFT sites and other sites, we require fan sites to include some manner of designation within your masthead that indicates the site's status. Fan sites may not closely mimic the names of our proprietary domains and must include a prominent designation that the site is not officially sanctioned by or professionally associated with NCSOFT.

iv. User Content may not: (a) violate the Rules of Conduct or any Community Standards posted by us on our sites; (b) be vulgar, threatening, racist, sexist, bigoted, defamatory, derogatory, libelous, or otherwise offensive; (c) reference sexual acts or violence, pornography, human anatomy or bodily functions, any actual person, copyrighted or trademarked materials, or illegal activities; (d) be derogatory or otherwise controversial with respect to any content included in the Services, the Services, we or the developers of the Services; (e) be monetized by you or any third party except as directed or allowed by us from time to time subject to this User Agreement; (f) violate any other requirements, rules, terms, or conditions that may be applicable to the Services; or (g) violate the rights (e.g., intellectual property rights, personality rights, publicity rights, privacy rights, etc.) of any third party.

2.2.4 Other Communications.

You may submit other communications to us. Other than as required by law or stated in this User Agreement, we have no obligation, but may choose, to review any communication. We may act based on any communication without obligation to explain any such decision.

2.3 Noninfringement Policy

2.3.1 Respect Third-Party Rights.

We may terminate Use rights of users who Use the Services to infringe any third-party intellectual property rights, rights of privacy, or rights of publicity. We may remove any content that infringes such rights.

2.3.2 DMCA Notice.

You may submit a copyright notice. If you believe that one of our users is unlawfully infringing a copyrighted work through our Services and wish to have the allegedly infringing material removed, you must provide the following information in writing, via physical mail or email, to the contact information in Section 9 of this User Agreement:

i. identification of the copyrighted work that you claim the user has infringed;

ii. identification of where the infringing material is located on the Services;

iii. a statement that you have a good faith belief that the owner of the copyright has not authorized the Use of the material;

iv. a statement that the information in the notification is accurate and that, under penalty of perjury, you are either the copyright owner or that you are authorized to act on behalf of the copyright owner;
v. your address, telephone number, and e-mail address; and

vi. your physical or electronic signature.

2.3.3 Counter-Notification Procedures.

If you believe that material you uploaded or posted to the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us. The counter-notification must include substantially the following:

i. your physical or electronic signature;

ii. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

iii. adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

iv. a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

v. a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

You can submit a copyright counter-notification via physical mail or email to the contact information in Section 8 this User Agreement. We may be permitted under law to restore the removed materials if the party that filed the original copyright notice does not file a court action against the alleged infringer within 10 business days of receiving the copy of a counter-notification.

3 YOUR CONDUCT

3.1 Prohibited Conduct.

If you violate the prohibitions described in this Section or any of our Community Standards (collectively, the “Rules of Conduct”), then we may, in our reasonable discretion, provide you with a warning, penalties and, in certain cases, terminate your Account under Section 1.7.1 or limited rights to Use the Services. You may not do any of the following without signed written consent from a legally authorized representative of NCSOFT:

i. Use, or provide others with, any software related to the Services designed to automate, modify, or display information regarding operation or function of the Services.
ii. Knowingly affect the Services through any hardware or software or by imposing an unreasonable or disproportionately large load on the Services.
iii. Use, obtain, or provide data related to the operation of the Services, including, but not limited to, software that reads areas of computer memory or storage devices; intercepts or otherwise collects data; or redirects, creates, maintains, or emulates the Services.
iv. Test for vulnerabilities, exploit any bug, engage in trafficking, or circumvent any technological measure intended to control access to the Services.
v. Create, use, offer, promote, or distribute any cheats, bots, or hacks.
vi. Access, acquire, copy, or monitor any portion of the Services, or circumvent the navigational structure of the Services.
vii. Post, distribute, or attempt to play on any unauthorized server or otherwise gain unauthorized access to a Game or Services.
viii. Interfere with or disrupt the working of the Services or with any other individual’s Use of the Services.
ix. Impersonate any other individual or entity, or communicate any individual’s real-world information, including your own.
x. Defraud, harass, threaten, or cause distress to any other user of the Services.
xi. Discuss or circumvent disciplinary action.
xii. Advertise or solicit any product.
xiii. Buy, sell, share, or transfer Use to the Services to or from any third party (including buying or selling Virtual Goods from or to other players for real money).
xiv. Sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from, or in any way exploit the Services and/or any of the content or materials on the Services, in whole or in part, except as allowed by us or as explicitly provided by the Services.
xv. Copy, modify, create a derivative work of, reverse engineer, or decompile any portion of the Services or its contents, including modifying the Services in any manner that violates the rights (e.g., intellectual property rights, personality rights, publicity rights, privacy rights, etc.) of any third party, or removing or altering any legal notices or protectable elements of the Services or its contents, including without limitation any copyrightable elements, trademarks, service marks, trade names, trade dress, and patents.
xvi. Help others violate this User Agreement.
xvii. Violate any law or regulation in connection with your Use of the Services.

4 REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

4.1 Representations and Warranties.

You acknowledge the following:

i. The Services set forth a virtual world and not the real world, and you understand the distinction between a virtual world and the real world;

ii. Keeping interactions in a virtual world separate from those in the real world is important to protect your privacy, as well as the privacy of others;
iii. There may be content in the Services that you or others consider objectionable;

iv. You have no history or patterns of behavior that would lead to Use of the Services in an addictive or compulsive manner; and

v. Use of the Services will not adversely impact your economic, physical, emotional, psychological, or privacy related considerations.

These statements apply to the maximum extent permitted by law and are essential terms of this User Agreement. If any of these terms are unenforceable, fail in essential purpose, or become void or detrimental to us, then any license you may have under this User Agreement will terminate immediately, unless you are a resident of an EU Member State. If you are a resident of an EU Member State, we only may terminate any license under this User Agreement within the statutory framework applicable to you.

4.2 Indemnification.

You agree to indemnify NCSOFT and NCSOFT related parties (“NCSOFT Related Parties”) with respect to all losses or expenses that arise from the following:

i. Your failure to comply with any provision of this User Agreement;

ii. Your Use of or distribution of Third-Party Software;

iii. User Content or Feedback; or

iv. Your Use of the Services.

NCSOFT and NCSOFT Related Parties have no obligation to indemnify you in relation to this User Agreement or the Services, unless you are a resident of an EU Member State and have respective statutory claims against NCSOFT.

4.3 Disclaimers and Limitation of Liability

This Section 4.3, including all subsections, does not apply to you if you are a resident of an EU Member State.

4.3.1 Disclaimer.

YOU USE THE SERVICES AT YOUR OWN RISK. WE PROVIDE THE SERVICES ON AN “AS AVAILABLE,” “AS IS” BASIS IN THEIR CURRENT CONDITION. NCSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR BY OPERATION OF LAW, 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. SOME JURISDICTIONS DO NOT ALLOW ALL SUCH DISCLAIMERS OF IMPLIED WARRANTIES, SO THEY MAY NOT ALL APPLY TO YOU. YOU ACCEPT THIS DISCLAIMER OF WARRANTIES AND AGREE TO RELEASE NCSOFT FROM ALL WARRANTIES AND OBLIGATIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

4.3.2 Limitation of Liability.

OUR LIABILITY IS LIMITED. NCSOFT AND NCSOFT RELATED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES. YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY AND AGREE TO RELEASE NCSOFT AND NCSOFT RELATED PARTIES FROM ANY AND ALL LIABILITIES THAT RELATE TO THIS USER AGREEMENT IN EXCESS OF AN AMOUNT NOT TO EXCEED THE LESSER OF: $100 AND THE AMOUNT YOU PAID TO NCSOFT OR ITS LICENSEES IN CONNECTION WITH THE APPLICABLE ACCOUNT IN THE PRECEDING 6 MONTHS. SOME JURISDICTIONS DO NOT ALLOW ALL SUCH LIMITATIONS OF LIABILITY, SO THEY MAY NOT ALL APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

4.3.3 Essential Terms.

THE FOREGOING ARE ESSENTIAL TERMS OF THIS USER AGREEMENT. IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO NCSOFT, THEN ANY LICENSE YOU MAY HAVE UNDER THIS USER AGREEMENT WILL TERMINATE IMMEDIATELY. NOTHING IN THIS USER AGREEMENT LIMITS NCSOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY LIABILITY WHICH CANNOT BE LIMITED BY LAW.

5 DISPUTE RESOLUTION

5.1 Informal Resolution.

You will try to informally resolve any dispute that arises under this User Agreement and/or the Services for at least 30 days before initiating any formal proceeding. To begin the informal resolution process, you must notify us that you wish to resolve a dispute, and include your name, contact information, any applicable serial code, an explanation of your side of a dispute, and at least one reason why we should resolve the dispute in your favor. Based on the information provided in that notice, we may take any action and has no obligation to explain any decision. If you are not satisfied with our initial decision, you will continue to try to resolve that dispute informally for at least another 30 days by sending an email to the contact information provided in Section 8 this User Agreement, including “Attn: Legal Department” as well as the information required in the initial notice. We may extend the time to resolve a dispute informally for successive 30-day periods, not to exceed a total of 90 days, by notifying you using the contact information provided in your notice.

5.2 Binding Arbitration.

If we are not able to informally resolve a dispute, either party may request resolution through binding arbitration. The Commercial Arbitration Rules of the American Arbitration Association will control the arbitration proceedings. Binding arbitration is your only final recourse related to a NCSOFT decision. A single arbitrator who is an impartial attorney will conduct the arbitration in Irvine, California, through the submission of documents, by phone, or online. The arbitrator will complete all proceedings within 6 months of initial presentment and limit any written opinion to 3,000 words or less. Each party will pay its own costs of the arbitration. YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL REGARDING THIS AND ANY OTHER PROVISION IN THIS USER AGREEMENT. IF YOU ACCEPT THIS USER AGREEMENT, THEN THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Neither party will attempt to have any other dispute related to any other party joined to any arbitration or any dispute decided on a class-action basis.

5.3 Exceptions.

This section does not apply to any dispute that arises from criminal activity or any claim for injunctive relief. NCSOFT MAY COOPERATE WITH LAW ENFORCEMENT AUTHORITIES. YOU HAVE NO LEGAL RIGHTS OR RECOURSE AGAINST NCSOFT RELATED TO SUCH COOPERATION.

6 GENERAL TERMS

6.1 Injunctive Relief.

Breach of this User Agreement will result in irreparable harm and loss, and, upon a breach of this User Agreement, we will be entitled to immediate injunctive relief from a court of competent jurisdiction, without the necessity of posting bond proving actual damages, which is in addition to any other available remedies.

6.2 Governing Law and Venue.

This User Agreement will be governed California State law, excluding choice of law rules. You and NCSOFT disclaim any application of the United Nations Convention on the International Sale of Goods. You and NCSOFT each consent to exclusive venue and jurisdiction of the courts located in Irvine, California.

6.3 Export Laws.

You must fully comply with all relevant export laws and regulations of the United States.

6.4 Severability and Non-Waiver.

If any of the provisions of this User Agreement are held by a court or other authority to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this User Agreement, so that this User Agreement will remain in full force and effect. Any waiver of any provision of this User Agreement is not a waiver of any other provisions.

6.5 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 this User Agreement, and any attempt without that consent will be null and void. Solely to the extent restrictions on transfer of access to the Services and Accounts in this User Agreement are not enforceable under the law of your country, then this User Agreement will be binding on any recipient thereof. NCSOFT may, at any time and without consent, assign, transfer, charge, or sub-contract all or any of its rights or obligations under this User Agreement.

6.6 Force Majeure.

Both You and NCSOFT shall be excused from any failure to perform any obligation under this User Agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, or any causes of like or different kind beyond the control of You or NCSOFT, as applicable under the circumstances.

6.7 Language of the Agreement.

Although this User Agreement may be translated into other languages, the English language version of this User Agreement shall control in any dispute between the parties.

6.8 No Rule of Strict Construction.

Notwithstanding the fact NCSOFT drafted this User Agreement, no rule of strict construction shall be applied against NCSOFT. If any provision of this User Agreement is determined to be unenforceable as a result of any proceeding (e.g., any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency), 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 be severed and deleted from this User Agreement, and the remainder of this User Agreement will continue in effect.

6.9 Entire Agreement.

This User Agreement and any document or information it references are the entire agreement between you and NCSOFT concerning your Use of the Services.

6.10 Notices.

Unless otherwise stated in this User Agreement, all notices must be made to NCSOFT as detailed in Section 8 and to You through the address, including email address, NCSOFT has on file.

6.11 Third-Party Beneficiaries.

Notwithstanding anything in this User Agreement to the contrary, you hereby acknowledge that NCSOFT’s licensors, as well as any applicable Operator, are third-party beneficiaries of this User Agreement and have the right to bring an action directly against you for a breach of this User Agreement to the extent required to enforce their respective rights in and to a Game and its underlying software and content and, where applicable, any Operator Account.

7 TERMS APPLICABLE TO RESIDENTS OF GERMANY

If you are ordinarily a resident of Germany, the following points apply to you and take precedence over the provisions above:

• You are not required to state that you have read the provisions of this User Agreement. You do not agree to the terms of this User Agreement by simple Use of the Services.
• Parents or guardians are not responsible for the acts of their Children or the Children entrusted to them under 18 years of age when such Children are using the Services. If you are under 18 you only may Use the Services with your parents’ or guardians’ consent.
• If the license granted under this User Agreement is terminated, whether the remaining provisions of this User Agreement remain in effect will depend on whether it is reasonable considering the overall effect of the termination of the license on you and NCSOFT. However, NCSOFT will be required to give notice of any such termination to you (no automatic/ immediate termination).
• In addition to the requirements applicable to NCSOFT when changing the Services towards residents of an EU Member State as described in Section 1.3.2 above, NCSOFT may not delete the Services.
• If an Account or the Services were provided without a recurring fee upon your initial acceptance of this User Agreement, NCSOFT cannot decide unilaterally that continued access will be subject to a required recurring fee. NCSOFT cannot increase the payment requirements to continue using any content that you have already purchased.
• NCSOFT may only delete Virtual Goods from your Account for your fraudulent activities or breach of this User Agreement, if such breach would also entitle NCSOFT to terminate the User Agreement.
• Other than set out in Section 1.7.3 above, NCSOFT is obliged to provide you with an explanation of any decision regarding breach of this User Agreement upon your request.
• You may terminate any agreement with NCSOFT concerning the provision of services for a period of time (e.g. subscriptions) by adjusting relevant account settings in connection with the relevant Service(s).
• Nothing in this User Agreement is a transfer of copyright, but only the granting of rights of use under copyright. You grant to NCSOFT a non-exclusive, worldwide, sublicensable, and perpetual right to use content you post and any communication you provide within the scope for which you intended. You may remove any such content at any time on your own, and, where this is not possible, you may request NCSOFT remove any such content.
• Insofar as they are applicable to your User Content, §§ 31a, 32, 32a, 32c, 32d, 32e and 40a of the German Copyright Act (UrhG) remain unaffected from any provision in this User Agreement. You do not waive or relinquish your unwaivable moral rights within your User Content.
• A household or family may share access to an Account.
• You may notify us of material in our Services that violates your intellectual property rights by using our contact information set forth below, without following the precise procedure provided under Section 2.3.2 above.
• With regard to Section 4.1 above, you acknowledge only that there may be content in the Services that you or others consider objectionable. If you have a history or patterns of behavior that would lead to Use of the Services in an addictive or compulsive manner, you should not Use the Services.
• Any disclaimer of warranties or limitation of liability in this User Agreement does not apply to you. NCSOFT is fully liable for damages with respect to injury to health, body, or life caused by NCSOFT, its representatives, or vicarious agents in the performance of NCSOFTS’s contractual obligations. NCSOFT is fully liable for damages caused willfully or by gross negligence by NCSOFT, its representatives or vicarious agents in the performance of NCSOFTS’s contractual obligations. The same applies to damages, which result from the absence of a quality, which was guaranteed by NCSOFT or to damages, which result from malicious action. If damages, except for such cases covered by the preceding sentences, with respect to a breach of a contractual core duty are caused by slight negligence, NCSOFT’s liability is limited to the typically foreseeable damages. Contractual core duties, abstractly, are such duties whose accomplishment enables proper performance of an agreement in the first place and whose performance you regularly may rely on. Your rights under the Product Liability Act remain unaffected. Any further liability is excluded.
• Your indemnification obligations will only be applicable if you have caused damages at least negligently. NCSOFT does not waive any potential indemnification obligations.
• You are not subject to mandatory binding arbitration.
• Your continued Use of the Services following the posting of changes of this User Agreement will not mean that you accept any changes. In addition to what generally applies to you if you are a resident of an EU Member State, NCSOFT will inform you of any change of these terms at least 30 days in advance and will inform you of your right to refuse any modifications during such notice period. NCSOFT will also inform you of the consequences of your refusal (e.g., you may have the ability to terminate this User Agreement and, in that case, you may lose, or we may withhold from you, access to certain functions of the Services). If you accept the changes or log into the Service after the end of the notice period, the modified provisions will be applicable.
• Section 6 of this User Agreement does not apply to you. You and NCSOFT do not agree on any competent court or venue. Both parties may bring claims before any competent courts under the applicable laws.
• German law applies to you.
• You have the right to withdraw from the User Agreement with us as well as from any agreement under the User Agreement on Virtual Goods or Games hereunder within 14 calendar days without giving reasons. This 14-calendar-day-period is tolled from the date of the conclusion of the User Agreement or the respective agreement under the User Agreement, as applicable. For Virtual Goods or Games acquired from us online, you may have agreed upon checkout that the withdrawal period will expire when you initially start downloading, accessing, or streaming the respective Virtual Good or Game if you do so before the end of the 14-calendar-day period. In order to exercise your withdrawal right, you must notify us at, if by mail, 400 Spectrum Center Drive, Floor 18 (18W108), Irvine, CA 92618, USA, or at, if by email, https://support.bladeandsoul.com/hc/en-us (for Blade & Soul), https://support.lineage2.com/hc/en-us (for Lineage 2), and https://support.aiononline.com/hc/en-us/ (for AION) by means of a clear statement (e.g., a letter sent by mail or email) about your decision to withdraw from the User Agreement or the respective agreement under the User Agreement, as applicable. You may use this template (but are not obliged to):

I/we herewith withdraw from the agreement concluded by me/us concerning the provision of […], ordered [date].
[Name of the user]
[Address of the user]

[Signature of the user if withdrawal right is exercised on paper]
[Date]

In order to meet the withdrawal period, it is sufficient to send/post the notification that you exercise your right of withdrawal before the end of the withdrawal period. If you withdraw from the User Agreement or the respective agreement under the User Agreement, as applicable, we shall refund to you all payments we have received from you in connection with the User Agreement and/or Virtual Goods and/or Game to which your withdrawal relates, including delivery costs (other than any additional costs resulting from you choosing a delivery method other than the cheapest standard delivery offered by us), immediately and no later than 14 calendar days from the date we receive notice of your withdrawal from the User Agreement or the respective agreement under the User Agreement, as applicable. For any applicable refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund.
• The European Commission provides an online dispute resolution platform (“ODR platform”). The ODR platform is designed to help consumers and businesses to reach an out-of-court-settlement in case of problems. The ODR platform can be accessed via this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE NCSOFT is not obliged or willing to participate in dispute resolution through the ODR platform or otherwise.

8 TERMS APPLICABLE TO RESIDENTS OF FRANCE
If you are ordinarily a resident of France, the following points apply to you and take precedence over the provisions above:
• You do not agree to the terms of this User Agreement by simple Use of the Services.
• If the User Agreement is terminated, whether the remaining provisions of this User Agreement remain in effect will depend on whether it is reasonable considering the overall effect of the termination of the license on you and NCSOFT. However, NCSOFT will always be required to give a reasonable notice of any such termination to you (no automatic/ immediate termination).
• In addition to the requirements applicable to NCSOFT when changing the Services towards residents of an EU Member State as described in Section 1.3.2 above, NCSOFT may not delete the Services.
• If an Account or the Services were provided without a recurring fee upon your initial acceptance of this User Agreement, NCSOFT cannot decide unilaterally that continued access will be subject to a required recurring fee, except to the extent of material modification of the Services and an opportunity being given to opt-out. NCSOFT cannot increase the payment requirements to continue using any content that you have already purchased, except to the extent that such content has been modified or transformed in some way.
• NCSOFT may only delete Virtual Goods from your Account for your fraudulent activities, breach of this User Agreement, if such breach would also entitle NCSOFT to terminate the User Agreement, or discontinuation of the associated Service.
• Nothing in this User Agreement is a transfer of copyright, but only the granting of rights of use under copyright. You grant to NCSOFT a non-exclusive, worldwide, sublicensable to use content you post and any communication you provide within the scope for which you intended and for the maximum duration afforded under the underlying intellectual property rights. You may remove any such content at any time on your own, and, where this is not possible, you may request NCSOFT remove any such content.
• Insofar as they are applicable to your User Content, all your moral rights remain unaffected from any provision in this User Agreement. You do not waive or relinquish your unwaivable moral rights within your User Content.
• You are not obliged to respect the DMCA notice procedure provided under section 2.3.2 of the User Agreement to report and request the removal of any illicit material found on our Services and posted by one of our users. Unless a specific report functionality is provided directly within our Services to report the material, you must provide the following information, via physical mail or email, to the contact information in Section 8 of the User Agreement :
o\tYour first name, last name and email address
o\tThe description of the illicit material and its precise location on our Services
o\tThe legal basis for which we should remove or make this material unavailable
o\tTo the extent permitted under applicable law, copy of the exchanges with the user responsible for the material where you expressly asked for the material to be removed or modified, or the justification that the user could not be contacted
• With regard to Section 4.1 above, you acknowledge only that there may be content in the Services that you or others consider objectionable. If you have a history or patterns of behavior that would lead to Use of the Services in an addictive or compulsive manner, you should not Use the Services.
• Any disclaimer of warranties or limitation of liability in this User Agreement does not apply to you.
• Your indemnification obligations will only be applicable if you breached this User Agreement or applicable law and that such breach have caused damages at least negligently. NCSOFT does not waive any potential indemnification obligations.
• You are not subject to mandatory binding arbitration.
• Your continued Use of the Services following the posting of changes of this User Agreement will not mean that you accept any changes. In addition to what generally applies to you if you are a resident of an EU Member State, NCSOFT will inform you of any change of these terms at least 30 days in advance and will inform you of your right to refuse any modifications during such notice period. NCSOFT will also inform you of the consequences of your refusal (e.g., you may have the ability to terminate this User Agreement and, in that case, you may lose, or we may withhold from you, access to certain functions of the Services). If you accept the changes or log into the Service after the end of the notice period, the modified provisions will be applicable.
• Section 6 of this User Agreement does not apply to you. In case of dispute, you can always bring legal proceedings in the local courts in which you are resident.
• Notwithstanding the fact that the User Agreement is governed by California State Law, nothing in this User Agreement affects your rights as a French consumer to rely on the applicable consumers laws of France to exercise your rights.
• The European Commission provides an online dispute resolution platform (“ODR platform”). The ODR platform is designed to help consumers and businesses to reach an out-of-court-settlement in case of problems. The ODR platform can be accessed via this link: https://ec.europa.eu/consumers/odr/
• You have the right to withdraw from the User Agreement with us as well as from any agreement under the User Agreement on Virtual Goods or Games hereunder within 14 calendar days without giving reasons. This 14-calendar-day-period is tolled from the date of the conclusion of the User Agreement or the respective agreement under the User Agreement, as applicable. For Virtual Goods or Games acquired from us online, you may have agreed upon checkout that the withdrawal period will expire when you initially start downloading, accessing, or streaming the respective Virtual Good or Game if you do so before the end of the 14-calendar-day period. In order to exercise your withdrawal right, you must notify us at, if by mail, 400 Spectrum Center Drive, Floor 18 (18W108), Irvine, CA 92618, USA, or at, if by email, https://support.bladeandsoul.com/hc/en-us (for Blade & Soul), https://support.lineage2.com/hc/en-us (for Lineage 2), and https://support.aiononline.com/hc/en-us/ (for AION) by means of a clear statement (e.g., a letter sent by mail or email) about your decision to withdraw from the User Agreement or the respective agreement under the User Agreement, as applicable. You may use this template (but are not obliged to):

I/we herewith withdraw from the agreement concluded by me/us concerning the provision of […], ordered [date].
[Name of the user]
[Address of the user]

[Signature of the user if withdrawal right is exercised on paper]
[Date]

In order to meet the withdrawal period, it is sufficient to send/post the notification that you exercise your right of withdrawal before the end of the withdrawal period. If you withdraw from the User Agreement or the respective agreement under the User Agreement, as applicable, we shall refund to you all payments we have received from you in connection with the User Agreement and/or Virtual Goods and/or Game to which your withdrawal relates, including delivery costs (other than any additional costs resulting from you choosing a delivery method other than the cheapest standard delivery offered by us), immediately and no later than 14 calendar days from the date we receive notice of your withdrawal from the User Agreement or the respective agreement under the User Agreement, as applicable. For any applicable refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund.

9 CONTACT INFORMATION

Our mailing address is:

400 Spectrum Center Drive, Floor 18 (18W108), Irvine, CA 92618, USA.

Our respective customer service email address is https://support.bladeandsoul.com/hc/en-us (for Blade & Soul), https://support.lineage2.com/hc/en-us (for Lineage 2), and https://support.aiononline.com/hc/en-us/ (for AION).

10 Definitions

“Account” means a set of credentials to Use the Services.

“Child” means a person below the age of 13, provided that, in jurisdictions where individuals of a higher age receive special protections under the data privacy laws, the higher age will apply. “Children” has a correlative meaning.

“Community Standards” has the meaning assigned in Section 1.7.3.

“Customer Support” means our customer service, which may be reached at https://support.bladeandsoul.com/hc/en-us (for Blade & Soul), https://support.lineage2.com/hc/en-us (for Lineage 2), and https://support.aiononline.com/hc/en-us/ (for AION).

“DCD” means the Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services.

“European Union” means the political and economic union of EU Member States that are located primarily in Europe.

“EU Member States” means all, currently 27, countries that are part of the European Union.

“Feedback” means feedback, suggestions, opinions, and unsolicited ideas reduced to a tangible form that you send to NCSOFT (e.g., feature requests, character concepts, bug reports, etc.).

“Game” means any proprietary video game software application provided by NCSOFT except for any application provided by NCSOFT that is covered by its own unique user agreement.

“Minor User” means a user that is not a Child but is under the age of 18.

“Name” means a designation used to identify you, a character, a group of characters, or any in-Game assets provided through the Services.

“NCSOFT” means NCSOFT Corporation and NC America, LLC, referred to as “we,” “us,” and “our” in this User Agreement.

“NCSOFT Related Parties” means NCSOFT and any third parties under agreement with NCSOFT, any subsidiary or affiliate of NCSOFT, and any employee, agent, supplier, licensor, licensee, customer, distributor, shareholder, director, or officer of any of the foregoing.

“Omnibus Directive” means the Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directive 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernization of the Union consumer protection rules.

“Operators” means certain third parties operators, such as distributors of platforms through which our Services may be accessible.

“Operator Accounts” means accounts created by Operators, which are subject to the terms and conditions imposed by the relevant Operators.

“Our Content” means art, in-Game content, and similar materials owned or licensed by NCSOFT.

“Privacy Policy” means our respective privacy policies available at https://bladeandsoul.com/en-us/legal/privacy-policy (for Blade & Soul), https://lineage2.com/en-us/legal/privacy-policy (for Lineage 2), and https://www.aiononline.com/en-us/legal/privacy-policy (for AION).

“Responsible Adult” means a person with legal authority over a Minor User and who has approved the Use of the Services of the Minor User (e.g., a parent or legal guardian).

“Rules of Conduct” has the meaning assigned in Section 3.1 of this User Agreement.

“Services” means the following, as offered by NCSOFT: Games and Game-related services, websites, updates, upgrades, patches, documentation, features, Accounts, Virtual Goods, Our Content, and connected infrastructure (e.g., launcher, network, and servers), materials, activities, or communications, or any part of each of the foregoing.

“Third Party Software” means software or components that are either owned by a third party or in the public domain and in which NCSOFT has no proprietary interest.

“Use” includes access, use, maintain, install, download, or the like.

“User Agreement” means this agreement that governs your Use of our Services.

“User Content” means all content, media, and materials users submit to us, whether via the Services (i.e., using any content creation tools, message boards, social networking environments, and the like that relate to a Game or are part of a Game) or through other means, including, without limitation, music, audio, audio-visual works and recordings, likenesses, sound recordings, voices, voice reproductions, video, pictures, images, fan art, or fan fiction and accompanying documentation, packaging, and other materials. For clarity, User Content also includes any kinds of comments, messages, opinions, posts, and the like that users submit through forum services, blogs, web communities, and other message and communication facilities included in the Services, other than comments, messages, opinions, posts, and the like that fall under the definition of Feedback above.

“Virtual Goods” means in-Game items, digital items, or virtual currencies (e.g., NCoin).