Last Modified - August 2009
(a) Terms of Agreement. NCsoft Europe Limited ("NCsoft") hereby grants you a non-exclusive licence to play its multi-player online computer game entitled "Aion" (the "Game"), provided that you agree to all of the terms and conditions contained in this Agreement and that you comply with the Rules of Conduct which are posted at http://us.ncsoft.com/en-gb/legal/user-agreements/aion-rules-of-conduct.html which is also hereby incorporated into this Agreement.
Your use of the Game constitutes your continuing agreement to all the terms and conditions in this Agreement and your agreement to comply with the Rules of Conduct. To confirm that you agree to this Agreement and the Rules of Conduct, you must click on the "I Accept" button at the end of this Agreement. If you do not so agree, you must click on the "I Reject" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play the Game.
If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact NCsoft customer service by visiting the support section of our web site, currently at the following link: http://uk.support.ncsoft.com
(b) Amendments. NCsoft may amend this Agreement or modify the Rules of Conduct at any time in its sole discretion by posting on its web site (i) the amended Agreement, currently at http://eu.ncsoft.com/en-gb/legal/user-agreements/aion-user-agreement.html, or (ii) the modified Rules of Conduct, currently at http://eu.ncsoft.com/en-gb/legal/user-agreements/aion-rules-of-conduct.html. Amendments to the Agreement and/or modifications to the Rules of Conduct will be effective immediately upon posting. When logging onto the Service (as defined below) you will be asked to confirm your acceptance to any such revised terms and conditions. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time. If you do not agree to the revised terms and conditions, you should contact NCsoft immediately to discuss closure of your Account (as defined in clause 4 below).
The Game offered by NCsoft is a massively multiplayer subscription-based online fantasy role-playing Game together with the fee-based additional features including, without limitation, character slots, skill packs, gender changes and server changes ("Additional Features") (collectively, the "Service") accessible through our web site, currently at http://www.aiononline.com (the "Web Site"). Some of the content, features and/or Services on the Web Site are fee-based and have limited use based on time elapsed (hours, days, etc.) as set forth at the time of purchase. NCsoft reserves the right to change the URL address of the Web Site at any time.
To use the Service, you will need to accept the license agreements in respect of certain software (including but not limited to all and any items accompanying the software, such as user manuals and serial codes) which NCsoft makes available from the Web Site via download or which you have purchased from a retailer, prior to installing such software (the "Software"). An account with NCsoft (the "Account") is required for anyone wishing to use the Service. NCsoft does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
Access to the Game user forums' message board is tied to the status of your Account. By canceling or deactivating your subscription which includes cancelling any recurring payments of subscription charges for the Service, you lose your ability to post messages within the forum but will be able to "read-only."
The term "NCcoin" shall mean one of the Game's cyber currencies which is used within the Game for accessing various services, such as accessing or purchasing Additional Features that NCsoft elects to offer. NCcoin Recharge (hereinafter known as "Recharge") means paying cash to NCsoft through a payment method designated by NCsoft in order to secure a certain amount of NCcoin. "Promotional NCcoin" shall mean NCcoin that is not recharged by you through a Recharge, but obtained by you (i) at NCsoft in-game events that NCsoft may choose to hold; or (ii) by playing the Game. It can also be converted from gifts received from third parties, such as NCcoin bundles.
When deemed necessary, NCsoft may limit the recharged amount or amount of NCcoin in possession per period, and apart from this, limitation of the recharged amount by payment method may be determined. NCsoft may designate a limit of NCcoin that may be possessed per Account.
NCsoft may disapprove or cancel Recharges if any of the following apply:
When you acquire NCcoin(s), you obtain a limited license to a digital good. NCcoin(s) is not personal property. NCcoin(s) shall only be used by you to access and/or purchase Additional Features. NCcoin is deducted at the time such Additional Features are purchased and/or accessed. Any promotional or bonus NCcoin in your Account will be deducted from your Account prior to the deduction of any NCcoin purchased by you in your Account. No interest is paid or earned on any remaining NCcoin balance. Subject to Clause 5(b) no refunds are allowed. Some Additional Features purchased with NCcoin may only be used for a limited time (hours, days, etc.) as set forth at the time of purchase or acquisition. When you purchase or acquire time-limited Additional Features with NCcoin and stop using such Additional Features, there will be no refund of NCcoin for any unused time for such Additional Feature(s). At such time as NCsoft determines, NCcoin shall accumulate and expire through twelve (12) rolling month periods. Any NCcoin accumulated (whether through a Recharge or bonus or promotion) will expire twelve (12) months from the date on which the NCcoin reaches your Account. NCcoin will also expire immediately upon termination of this Agreement for any reason. NCcoin is not redeemable for cash or credit and is not transferable regardless of how you acquired the NCcoin. NCsoft may restrict your use of NCcoin based on your country of residence. The existence of a particular promotion available for NCcoin is not a commitment by NCsoft to maintain or continue to produce such promotions in the future. The scope, variety and type of Additional Features that you may purchase or access with NCcoin may change at any time. NCsoft reserves the right to change the Additional Features that can be bought or accessed by NCcoin at any time and it has no obligation to continue making any Additional Features available for purchase or access with NCcoin at any time.
NCsoft may cancel, suspend or otherwise limit your access to your NCcoin balance if it suspects fraudulent, abusive or unlawful activity in relation to your NCcoin balance or your Account. Once NCsoft deletes NCcoin from a balance, NCsoft will not reinstate them, except at its discretion. If NCsoft cancels, suspend or otherwise limits access to your NCcoin balance, your right to use your NCcoin balance immediately ceases. NCsoft will use reasonable efforts to investigate NCcoin balances that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, NCsoft may limit your use of the NCcoin service, including applying limits to: the number of NCcoin you may have credited to your NCcoin balance at any one time, the number of NCcoin you may redeem within a given time period (for example, one day), and the number of promotional or bonus NCcoin you may obtain per promotion.
Subject to the terms of this Agreement, NCsoft grants to you, for your personal use only, a non-exclusive, revocable, non-transferable (except as permitted in clause 4(a)) license to use the Service, and a non-exclusive, revocable, non-transferable (except as permitted in clause 4(a)) license to use the Software for the purposes of the Service and for a duration as defined in clause 5 for so long as you maintain an authorized and fully-paid Account.
You may not (a) sublicense, rent, lease, loan or otherwise transfer the Software or the Service (or any part thereof), including without limitation serial codes; (b) except where permitted by law, modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. You should keep your serial code in a safe place and not share it with anyone else. The serial code can be used only once. Title to the Software, and all rights (including all intellectual property rights in and to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trade mark, trade secret and other proprietary rights and interests are reserved by NCsoft.
(a) Eligibility. By clicking the "I Accept" button you represent that you are an adult 18 years of age or older or, if under 18 years of age, that you have the consent of a parent or guardian and will provide their details where requested and ensure that they click the "I Accept" button on your behalf. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members".
The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
(b) Master Accounts and Game Accounts. To use the Service, you must first create a master account on the NCsoft service ("Master Account") and a game specific sub-account for the Game ("Game Account") (collectively, the "Account"). If possible, your Game Account shall be identical to your Master Account. Master Accounts are free and can be opened at eu.ncsoft.com. The Game Account is subject to specific fees as per clause 5 and can be completed on the eu.ncsoft.com web site.
You must choose an account name to identify yourself to NCsoft staff (your "Account ID") on both the Master Account as well as the Game Account. You may not select as your Account ID the name of another person, or a name which violates any third party's trade mark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of NCsoft or its affiliated companies, or which NCsoft deems in its sole discretion to be vulgar or otherwise offensive. NCsoft reserves the right, in its sole discretion, to (1) delete or alter any Account ID; or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trade mark or trade name right, copyright, or other intellectual property or proprietary right or (3) delete any content published on any electronic boards without notice. You have sole liability for all activities conducted through your Account or under your Account ID.
By agreeing to this Agreement, you agree that you do not own the Account you use to access the service, the characters created on the Account and that NCsoft stores on NCsoft servers, the items stored on these servers, or any other data from which the servers and accounts are comprised. The Account you create is needed to login to the service as per this clause 4(b) and the fee that you pay is to access or acquire Additional Features.
(c) Message Board ID. You have the option to create an ID for the official Game message boards ("Message Board ID"). You may not select as your Message Board ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of NCsoft, or which NCsoft deems at its sole discretion to be vulgar or otherwise offensive. NCsoft reserves the right, in its sole discretion, to (1) delete or alter any Message Board ID or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trade mark or trade name right, copyright, or other intellectual property or proprietary right. You have sole liability for all activities conducted under your Message Board ID. In the event your Account does not provide for recurring monthly billing, or if your Account has insufficient game time credit, your ability to communicate or post messages on the official Game message board will be suspended and/or terminated.
(d) Rights to Use Accounts. Nothing in this Agreement shall be considered a transfer of ownership of any intellectual property rights or other proprietary rights in and to either the Master Account or Game Account, the characters created on the Account or as a result of accessing or playing the Game, or the Additional Features accessed or purchased by using NCcoin, the data, virtual items and Additional Features stored on NCsoft servers, or any other data from which the servers and Accounts are comprised. All such intellectual property and other proprietary rights shall remain at all times with NCsoft. The Account you create is needed to login to the service as per clause 4(b) and the fee paid for NCcoin is for accessing or acquiring (in the form of a licence to use) the Additional Features.
(e) Character Name. In order to use the Service, you must create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trade mark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of NCsoft, or which NCsoft deems at its sole discretion to be vulgar or otherwise offensive. NCsoft reserves the right, in its sole discretion, to (1) delete or alter any Character Name or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trade mark or trade name right, copyright, or other intellectual property or proprietary right.
(f) Legion Names. While accessing the Service, it is possible to name your Legion. You may not give a name to a Legion that is the name/description/title of another person, or a name/description/title which violates any third party's trade mark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of NCsoft or its affiliates, or which NCsoft deems at its sole discretion to be vulgar or otherwise offensive. NCsoft reserves the right, in its sole discretion, to (1) delete or alter any name/description/title given to a Legion or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trade mark or trade name right, copyright, or other intellectual property or proprietary right.
(g) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. NCsoft will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
(h) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NCsoft has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NCsoft has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
(i) Former Members. Members whose Accounts have been suspended or terminated by NCsoft ("Former Members") may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of NCsoft. Accounts created by Former Members may be subject to immediate termination. NCsoft reserves the right to use any means necessary, including those in clause 4(j), to identify and remove Former Members.
(j) Related Accounts. If NCsoft suspends or terminates an Account, NCsoft may suspend or terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the suspended or terminated Account.
(k) In the Game, in-game characters have the privilege of sending server wide messages called 'Global Chat.' With this privilege comes a high level of responsibility on the part of the user. Due to the fact that this communication channel has the ability to impact every player on the server, NCsoft will not tolerate any inappropriate behavior of any sort in this chat channel. This includes but is not limited to: inappropriate language of any sort or any attempt to escape the profanity filter, inappropriate or vulgar content of any sort, repeated 'spamming,' or 'flooding' of the global chat channel, or any other conduct determined to be inappropriate by NCsoft, in its sole discretion. Any violation of this term or Rules of Conduct may, in the sole discretion of NCsoft, lead to the temporary removal of the character's ability to communicate, the Account being suspended for a set period of time, or lead to permanent termination of the Account. NCsoft reserves the right to record or monitor Global Chat and you consent to NCsoft doing so.
(a) NCsoft's fees and billing procedures are published in the registration section of the Web Site, which procedures are incorporated herein by this reference. All fees are stated in Pounds Sterling (£) or Euros (€) and exclude all taxes and telecommunications charges, unless expressly stated otherwise. To the maximum extent permitted by law, these taxes and charges are your responsibility. YOUR MEMBERSHIP FEES AND FEES FOR ADDITIONAL FEATURES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART (INCLUDING, WITHOUT LIMITATION, PAYMENT USING NCCOIN) FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR UNAVAILABILITY OF SERVICE (SEE ALSO CLAUSE 10 BELOW). NCsoft will automatically charge your chosen method of payment (including, without limitation, credit card, SMS, paysafecard, ELV or NCcoin) on a recurring basis for applicable Account fees or automatically for any Additional Feature purchased, plus any applicable taxes NCsoft is required to collect, where you authorize NCsoft to do so. All recurring Account fees and Additional Feature of NCcoin purchases are payable in advance. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. After opening your Account there is a free trial period where you will not be charged any Account fees if you cancel your Account within the free trial period. The duration of the free trial period will be published in the registration section of the Web Site. Any person who is or has previously been a Member or is a Former Member is not eligible for any free trial period. You represent to NCsoft that you are the authorized account holder or an authorized user of the chosen method of payment used to pay the Account fee or price for the Additional Feature, as applicable, or NCcoin purchase. You agree to promptly notify NCsoft of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to promptly notify NCsoft if your credit or debit card account expires or is cancelled for any reason.
(b) YOU UNDERSTAND AND AGREE THAT ANY ATTEMPT TO MAKE ANY CHARGE BACK OR OTHERWISE RECLAIM OR OBTAIN A REFUND OF OR A CREDIT AGAINST ANY FEES PAID WITHOUT FIRST CLOSING YOUR GAME ACCOUNT OR HAVING OBTAINED NCSOFT'S PRIOR WRITTEN CONSENT TO SUCH REFUND SHALL ENTITLE NCSOFT TO DEACTIVATE YOUR GAME ACCOUNT AND ANY OTHER ACCOUNTS ASSOCIATED WITH SUCH METHOD OF PAYMENT UNLESS A CREDIT OR REFUND IS AGREED IN WRITING WITH NCSOFT. DEACTIVATION WILL INCLUDE, WITHOUT LIMITATION, THE GAMES, NCCOIN AND/OR ADDITIONAL FEATURES IN RELATION TO WHICH THE RECHARGE, REFUND OR CREDIT WAS OBTAINED, BUT ALSO ALL ACCESS TO THE SERVICE INCLUDING PREVIOUSLY PURCHASED ADDITIONAL FEATURES, NCCOIN AND/OR THE GAMES(S) AND ANY OTHER ACCOUNTS ASSOCIATED WITH SUCH METHOD OF PAYMENT. YOU FURTHER AGREE THAT THE GAME, NCCOIN, AND/OR ADDITIONAL FEATURES FORM PART OF THE SERVICE AND ARE DELIVERED 'UNSEALED' AUTOMATICALLY UPON RECEIPT OF THE FEES AND THEREFORE YOU HAVE NO CANCELLATION RIGHTS (SAVE FOR A WILFULL ERROR OR FAULT WITH THE GAME, NCCOIN AND/OR ADDITIONAL FEATURES WHICH IS REPORTED IMMEDIATELY TO NCSOFT).
(c) NCsoft reserves the right (i) to alter the subscription fees payable for the Service, Additional Features, and/or NCcoin or (ii) to introduce alternative fee structures for the Service. Any alteration to the subscription fees or alternative fee structures will be posted on the Web Site at least 30 calendar days prior to such alteration taking effect. No notice will be provided for changes to the purchase price of Additional Features or NCcoin. If you do not agree to any such alteration, you should not purchase NCcoin and/or Additional Features and you should terminate your Account prior to the date on which the alteration takes effect, otherwise the revised amount will automatically be debited to your Account.
(a) Content. You acknowledge that by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video, content, layout, design, files, data, characters (and items and attributes associated with characters), game objects and text (collectively, "Game Content"). NCsoft does not pre-screen Game Content as a matter of policy. YOU UNDERSTAND AND AGREE THAT NCSOFT HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOURS) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
(b) Rights in Content. You acknowledge that NCsoft and its related Game Content Providers ("Game Content Providers") have rights in their respective game content in and to the Service (the "Game Content") under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Game Content in violation of any such rights. NCsoft and its related Game Content Providers grant to you the right to use the Game Content for non-commercial, personal purposes, including in connection with creating noncommercial fan fiction or fan web sites regarding the same. However, you acknowledge and agree that you shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Game Content for commercial uses without first obtaining the express written consent of NCsoft.
For clarification purposes only, "derivative works based upon" Game Content are works which are substantially similar, both in ideas and expression, to the Game Content. Similarity of ideas in the Game Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Game Content and the derivative works. Thus, if a work created by a Member or someone other than NCsoft (or its related Game Content Providers) is likely to bring to mind the Game Content, then it is likely that such work is a derivative work of the Game Content, and as such may not be used for commercial purposes.
(c) Member Content. Members can upload to and create content on NCsoft's servers in various forms, such as in selections you make and characters, certain additions to the game world, and items you create for the Game, and in bulletin boards and similar user-to-user areas ("Member Content"). By submitting Member Content to or creating Member Content on any area of the Service, you (i) you represent and warrant that you have the necessary rights to submit such Member Content; (ii) the Member Content does not infringe the proprietary rights of any third-party, including intellectual property rights; and (iii) acknowledge and agree that such Member Content is the sole property of NCsoft. To the extent that NCsoft cannot claim exclusive rights in Member Content by operation of applicable law, you hereby grant (or you warrant that the owner of such Member Content has expressly granted) to NCsoft and its related Game Content Providers a non-exclusive, universal, perpetual, irrevocable, royalty-free, sublicenseable right to exercise all rights of any kind or nature associated with such Member Content, and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. You shall indemnify and hold NCsoft and its affiliates harmless from and against any claims by third parties that your Member Content infringes upon, violates or misappropriates any of their intellectual property or other proprietary rights.
(d) Member Conduct. You agree not to use the Service to:
You agree that NCsoft may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.
NCsoft has designed the Game for official play only as offered through the Service by NCsoft at the Web Site and not through any other means. You further agree not to access, create or provide any other means through which the Game may be played by others, for example through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or advantage your use of the Service which is not authorized by NCsoft, including but not limited to the use of 'bots' and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
You may not sell or auction any Game accounts, characters, items, currency or copyrighted material for real-world money or items or services of any value, nor may you assist others in doing so. NCsoft may from time to time in its sole discretion implement various forms of filtering, blocking or monitoring of IP addresses or proxies used to use, play or access the Game or the Service, including without limitation blocking or filtering measures that restrict your ability to use, play or access the Game or Service outside of the territories in which NCsoft makes the Game or Service available.
Our privacy policy, which covers the usage and protection of your personal information, is published on the Web Site, currently at http://eu.ncsoft.com/en-gb/legal/privacy-policy.html and is incorporated herein by this reference.
While NCsoft may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. NCsoft cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. NCsoft does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
NCsoft reserves the right to enforce any or all of these rules at its sole discretion.
(a) NCsoft reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that NCsoft will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of NCsoft, and NCsoft cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. NCsoft shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(c) NCsoft has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
(d) NCsoft shall not be obligated to refund all or any portion of any Account fee or Additional Feature fee by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).
THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NCSOFT HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES OR CONDITIONS OF ANY KIND, REPRESENTATION OR OTHER TERM CONCERNING THE SERVICE OR THE SUPPLY OF THE SERVICE WHICH MIGHT OTHERWISE BE IMPLIED INTO, OR INCORPORATED IN, THIS AGREEMENT INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR ACCURACY. Without limiting the foregoing, NCsoft does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or the Game, and you understand that you shall not be entitled to refunds for fees based on NCsoft's failure to provide any of the foregoing. You acknowledge and agree that the Service has not been developed to meet your individual requirements.
This Agreement sets out the full extent of NCsoft's obligations and liabilities in respect of the Service and the supply of the Service.
THE MAXIMUM AMOUNT OF NCSOFT'S (OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS) LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LOWER OF THE (i) ACCOUNT FEES; OR (ii) PURCHASE PRICE OF THE ADDITIONAL FEATURES EACH OF THE FOREGOING (i) OR (ii) AS PAID BY YOU TO NCSOFT IN THE PRECEDING SIX (6) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE. IN NO EVENT SHALL NCSOFT, NOR ANY OF ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF PROFITS OR CONTRACTS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF THE USE OF MONEY OR ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OF OR DAMAGE TO OR CORRUPTION OF DATA, OR ANY OTHER PECUNIARY LOSS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT WHICH MAY BE INCURRED BY YOU, WHETHER OR NOT NCSOFT (OR ANY SUCH OTHER RELEASED PARTY) MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some countries do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that NCsoft's (or any other released party) liability to you shall be limited to the maximum extent permitted by applicable law. You agree that NCsoft cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
Nothing in this Agreement shall exclude or in any way limit NCsoft's liability for fraud, or for death and personal injury caused by its negligence, or any other liability which cannot be excluded or limited as a matter of law.
At NCsoft's request, you agree to defend, indemnify and hold harmless (a) NCsoft, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, Game Content Providers, and (d) other Members of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Service or breach of this Agreement by you.
(a) NCsoft reserves the right to suspend or terminate this Agreement (including the Software license granted hereunder and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if NCsoft is unable to verify or authenticate any information you provide to it, or upon game play, chat or any player activity whatsoever which is, in NCsoft's sole discretion, inappropriate and/or in violation of the spirit of the Game as described in the Rules of Conduct.
Should NCsoft decide to suspend or terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period as well as access to any virtual property, Additional Features and NCcoin without any refund.
(b) You agree that if the Service or your Account is suspended, terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.
(a) Informal Resolution. To facilitate the resolution of any controversy related to this Agreement ("Dispute"), you and NCsoft agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism. If this fails, additional informal discussions begin upon written notice from you or NCsoft. NCsoft will send its notice to the email address you have provided to NCsoft and may also provide a copy to a physical address if NCsoft has one on file. You will post your notice to Legal Department, NCsoft Europe Ltd, Mocatta House, Trafalgar Place, Brighton, BN1 4DU, UK
(b) Binding Arbitration. Subject to clause 15(a) and 15(d) and notwithstanding the provisions of clause 15(e), any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall at the option of NCsoft only, be referred to and finally resolved by arbitration in accordance with the LCIA rules, which rules are deemed to be incorporated by reference into this clause. If NCsoft wishes to exercise this option, NCsoft shall so notify you in writing within twenty one days of its intention to exercise such option. Following receipt of such notice you shall not object to NCsoft's reference to arbitration in accordance with this clause 15(b) and (i) the number of arbitrators shall be one; (ii) the seat, or legal place, of arbitration shall be London, England; and (iii) the language to be used in the arbitral proceedings shall be English.
(c) No Class Action. You and NCsoft agree that any arbitration or other dispute resolution proceedings shall be limited to the Dispute between NCsoft and you individually. To the fullest extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
(d) Exceptions to Informal Discussions. You and NCsoft agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or NCsoft's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
(e) Choice of Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
This Agreement and any document expressly referred to in it represents the entire agreement between NCsoft and you in relation to the Service and the supply of the Service and supersedes any prior agreement, understanding or arrangement between NCsoft and you regarding the Service and the supply of the Service, whether oral or in writing.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others of this Agreement does not waive our right to act with respect to subsequent or similar breaches of this Agreement. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between NCsoft and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of NCsoft shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of NCsoft. All notices given by you or required under this Agreement shall be posted to Legal Department, NCsoft Europe Ltd, Mocatta House, Trafalgar Place, Brighton, BN1 4DU, UK.
© 2012 NCsoft Europe. All Rights Reserved. NCsoft, the interlocking NC logo, PlayNC and all associated logos and designs are trademarks or registered trademarks of NCsoft Corporation. All other trademarks are the property of their respective owners.
Company Registration No.5165702, VAT No.840 1439 54