These Terms and Conditions of Use (the "Terms of Use") apply to the NC Interactive web site located at www.ncsoft.com, and all associated sites linked to www.ncsoft.com by NC Interactive, its subsidiaries and affiliates, including NC Interactive sites around the world (collectively, the "Site"). The Site is the property of NC Interactive, Inc. ("NCsoft") and its licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
NCsoft reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, NCsoft grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
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.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without NCsoft's express prior written consent.
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:
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 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 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.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NCsoft or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.
If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
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 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/user-agreements/
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Certain features or services offered on or through the Site may require you to open an account (including setting up an NCsoft ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
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 NCsoft ID, password or account.
You may not use anyone else's NCsoft ID, password or account at any time without the express permission and consent of the holder of that NCsoft ID, password or account. NCsoft cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
NCsoft's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view NCsoft's Privacy Policy, http://us.ncsoft.com/en/legal/privacy-policy.html.
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.
This Site may contain links to other independent third-party web sites ("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:
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.
If, notwithstanding the other provisions of these Terms of Use, NCsoft is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, NCsoft's liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against NCsoft (but not including the purchase price for any NCsoft software products).
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.
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.
You shall be solely responsible for your own User Submissions and/or Feedback and the consequences of posting or publishing them. In connection with User Submissions and/or Feedback, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize NCsoft to use all patent, trademark, trade secret, copyright or other proprietary rights (collectively, "Intellectual Property Rights") in and to any and all User Submissions and/or Feedback to enable inclusion and use of the User Submissions and/or Feedback in the manner contemplated by the Sites and these Terms of Use.
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.
You also hereby grant each user of the Sites a non-exclusive license to access your User Submissions through the Sites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Sites and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.
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/user-agreements, 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:
You agree that NCsoft may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to NCsoft, for which monetary damages would be inadequate, and you consent to NCsoft obtaining any injunctive or equitable relief that NCsoft deems necessary or appropriate in such circumstances.
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):
If NCsoft does take any legal action against you as a result of your violation of these Terms of Use, NCsoft will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to NCsoft.
You agree that NCsoft will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
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 Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
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.
NCsoft administers and operates the www.ncsoft.com Site from its location in Austin, Texas, USA; other NCsoft sites may be administered and operated from various locations 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 the 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 the 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.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use (including all agreements and policies referenced herein) constitute the entire agreement between you and NCsoft with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and NCsoft with respect to such use are hereby superseded and cancelled. NCsoft will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
NCsoft's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by NCsoft of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between NCsoft and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
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 this site at support@ncsoft.com.
Use of the software from this site is subject to the applicable end user license agreement, rules of conduct and/or character copyright/ownership policy set forth in http://us.ncsoft.com/en/legal/user-agreements.
Mention of third-party products, companies and web sites on the NCsoft Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. NCsoft assumes no responsibility with regard to the selection, performance or use of these products or vendors. NCsoft provides this 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 this web site is subject to change without notice.