All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to NCSOFT, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on NCSOFT products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by NCSOFT for downloading from the Site, provided that you:
Do not remove any proprietary notice language in all copies of such documents
Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
Make no modifications to any such information
Do not make any additional representations or warranties related to such documents
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. NCSOFT reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any NCSOFT server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate or unlawful means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of NCSOFT, including any NCSOFT account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NCSOFT's systems or networks, or any systems or networks connected to the Site or to NCSOFT.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on or through the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NCSOFT on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
NCSOFT's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
NCSOFT may make changes to any products or services offered on or through the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and NCSOFT makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
User Agreements: http://us.ncsoft.com/en/legal/
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords, and Security
You agree to notify NCSOFT immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by NCSOFT or any other user of or visitor to the Site due to someone else using your user name, password or account.
You may not use anyone else's user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. NCSOFT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites
This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under NCSOFT's control, and NCSOFT is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
You will need to make your own independent judgment regarding your interaction with these Linked Sites.
NCSOFT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT RE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NCSOFT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NCSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NCSOFT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY NCSOFT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NCSOFT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
NCSOFT reserves the right to do any of the following, at any time, without notice to:
· Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason
· Modify or change the Site, or any portion of the Site, and any applicable policies or terms
· Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes
Limitation of Liability
Except where prohibited by law, in no event will NCSOFT be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if NCSOFT has been advised of the possibility of such damages.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold NCSOFT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against NCSOFT by any third party due to or arising out of or in connection with your use of the Site.
Your User Submissions, Feedback, and Conduct
As a user of the Site, you may submit, among other things, (i) video content, pictures, images, fan art, and/or fan fiction (collectively referred to as "User Submissions") and/or (ii) suggestions, ideas, notes, feedback, concepts or other information concerning NCSOFT products or services, whether at NCSOFT's specific request, despite NCSOFT's request that you not do so, or otherwise (collectively referred to as "Feedback").
You understand that whether or not such User Submissions and/or Feedback are published, NCSOFT does not guarantee any confidentiality with respect to any User Submissions and/or Feedback.
For clarity, you retain all of your ownership rights in your User Submissions, except to the extent that such User Submissions constitute derivative works of content owned or licensed by NCSOFT which derivative works shall be deemed, and shall remain, the property of NCSOFT from the moment of creation.
However, by submitting User Submissions to NCSOFT, you hereby grant NCSOFT a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, publish, broadcast, license, post, sell, translate, distribute, prepare derivative works of, display, and perform the User Submissions for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Submissions.
Feedback shall be deemed, and shall remain, the property of NCSOFT from the moment of creation. Accordingly, NCSOFT shall exclusively own all now known or hereafter existing copyrights and all other Intellectual Property Rights to all Feedback of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Feedback is hereby irrevocably assigned to NCSOFT, together with all Intellectual Property Rights therein.
In any event, you agree that NCSOFT shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Feedback for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Feedback.
You also give up any claim that any use by NCSOFT and/or its licensee(s) of any Feedback and/or User Submissions violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
If you provide any Feedback and/or User Submissions, you warrant that you are eighteen years of age or older. If you are under eighteen years of age, you are not permitted to provide NCSOFT with Feedback and/or User Submissions.
In connection with User Submissions and/or Feedback, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party Intellectual Property Rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NCSOFT all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions and/or Feedback, submit material that is contrary to the NCSOFT's Rules of Conduct associated with any of its games, found at http://us.ncsoft.com/en/legal/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
NCSOFT does not endorse any User Submission and/or Feedback or any opinion, recommendation, or advice expressed therein, and NCSOFT expressly disclaims any and all liability in connection with User Submissions. NCSOFT does not permit copyright infringing activities and infringement of Intellectual Property Rights on its Sites, and NCSOFT will remove all User Submissions and/or Feedback if properly notified that such User Submission and/or Feedback infringes on another's Intellectual Property Rights. NCSOFT reserves the right to remove User Submissions and/or Feedback without prior notice.
NCSOFT may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) NCSOFT's rights or property, or the rights or property of visitors to or users of the Site, including NCSOFT's customers.
NCSOFT reserves the right at all times to disclose any information that NCSOFT deems necessary to comply with any applicable law, regulation, legal process or governmental request. NCSOFT also may disclose your information when NCSOFT determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that NCSOFT may preserve any transmittal or communication by you with NCSOFT through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or NCSOFT determines that such preservation or disclosure is reasonably necessary to:
· Comply with legal process
· Respond to claims that any such data violates the rights of others
Protect the rights, property or personal safety of NCSOFT, its employees, users of or visitors to the Site, and the public
These remedies are in addition to any other remedies NCSOFT may have at law or in equity.
You agree that NCSOFT may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):
· Requests by law enforcement or other government agencies
· Discontinuance or material modification of the Site or any service offered on or through the Site
· Unexpected technical issues or problems
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.
In the event of any controversy or dispute between NCSOFT and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.
If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
NCSOFT administers and operates the Site from its locations in Aliso Viejo, California, USA and/or Austin, Texas, USA; other NCSOFT sites may be administered and operated from various locations inside or outside the United States.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside North America. NCSOFT reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside North America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
NCSOFT actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Software piracy (the illegal copying of software programs) is a worldwide problem--more than $11 billion is lost to piracy every year! Because software is valuable, and it is easy to create an exact copy of a program from a single computer, software piracy is widespread.
The illegal copying of software programs is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text.
Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine.
Please join NCSOFT in its piracy prevention efforts. You can report incidents of software piracy from the Site by sending an email to firstname.lastname@example.org.
Software and Documentation Information
Use of the software from this site is subject to the applicable user agreement, rules of conduct and/or other legal agreements or documents set forth at http://us.ncsoft.com/en/legal/.
Third Party Companies and Products
Mention of third-party products, companies and websites on the NCSOFT Site is for informational purposes only and does not constitute either an endorsement or a recommendation. NCSOFT assumes no responsibility with regard to the selection, performance or use of these products or vendors. NCSOFT provides such information only as a convenience to our users.
NCSOFT has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and NCSOFT assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.
All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.
The information contained in the Site is subject to change without notice.