EACH TIME YOU USE OR CAUSE ACCESS TO THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE OR ACCESS ANY SERVICE AND EXIT FROM THE WEBSITE. ANY REFERENCES HEREIN TO YOU, AND YOU, REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
WEBZEN may, from time to time, modify, amend, or supplement these Terms of Service, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that your sole remedy is to cease using the Services by cancelling your Account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms of Service.
If you violate any of these Terms of Service, WEBZEN may issue you a warning about the violation, or we may choose to immediately terminate your Account(s). You acknowledge and agree that WEBZEN may terminate your Account(s) at any time for any reason or no reason in its sole and absolute discretion. If your Account is terminated, you may not re-register to obtain a new Webzen.com Account without WEBZEN’s express permission. Moreover, if WEBZEN terminates your Account because of your breach of these Terms of Service or WEBZEN removes, deletes or loses any of your Content (defined below), WEBZEN shall have no liability or responsibility to you or any third party.
The Terms of Service and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and WEBZEN regarding your rights and obligations in your use of the Service.
1. WEBZEN.COM ACCOUNT REGISTRATION1) By completing the Webzen.com registration process, you may establish an Account with which to access the Service and become a Webzen.com Member ("Member"). Your Account allows you to participate in certain games, activities and other services made available on the Website. To create an Account, you must select a login name, nickname and password. Your nickname is your Webzen.com identity. You may not use a nickname that is used by someone else, and your nickname cannot be vulgar, or otherwise offensive, or be used in any way that violates these Terms of Service. You must provide truthful and accurate information during the Account registration process.
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your Account password to other users or permit others to access your Account. WEBZEN will not ask you to reveal your password or ever initiate any contact with you by asking for your secret answer. If you forget your password, we will send it to you after we confirm your identity.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by WEBZEN.
(a) Charges and Billing
You may create an Account without paying any registration or subscription fees. However, WEBZEN may charge fees to access and acquire certain game items or participate in game activities on Webzen.com.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE CASH SHOP AND/OR THE DISCONTINUATION OF THE SERVICE.
WEBZEN may at any time modify, amend, or supplement its fee, and/or the prices for virtual money and billing methods, permanently or for a limited time only. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your Account at any time, but WEBZEN will not refund any fees that may have accrued to your Account before such cancellation, and will not prorate fees for any charges.
(b) Payment Options
You may pay for any applicable fees and charges by major credit card, or such other methods authorized by WEBZEN.
(c) Major Credit Card
You may use a major credit card to pay for any applicable fees and charges. When you provide credit card information to WEBZEN, you represent to WEBZEN that you are the authorized user of the credit card that is used to pay the fees and charges applicable to the subject Account. As the Account holder, you are responsible for all fees and charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
You may pay for any applicable fees and charges by major credit card, PayPal or other such methods authorized by WEBZEN. However, non-Irish cardholders transacting on this site may be subject to international fees as WEBZEN DUBLIN LIMITED is a company incorporated under the laws of Ireland, with registered office at 2nd Floor Block A/B, Arran Court, Smithfield, Dublin 7, Ireland.
(d) Termination of Account
You have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of these Terms of Service or WEBZEN’s enforcement or application of these Terms of Service; (ii) the Content (defined below) available through Webzen.com; (iii) your ability to access and/or use Webzen.com; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. Additionally, you understand and agree that, in the event your account is terminated for any reason (including by your request for cancellation of your account), any virtual currency or items associated with your terminated account will be PERMANENTLY DELETED.
2. ONLINE CONTENTBy "Content" we mean all of the games, software, communications, images, sounds, and all the material and information you see on the Website. WEBZEN does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Website.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Webzen.com. Content standards may vary depending on where you are accessing Webzen.com from, the type of game you are playing and the expectations of the local community in which you reside. Some game play and chat rooms may involve use of stronger language than others, including expletives. We request that you always use your best judgment in providing or utilizing Content and engaging in other conduct in connection with the Service. See Section 3, Online Conduct, for additional information.
WEBZEN may monitor any Content on Webzen.com at any time. But we cannot monitor all of the Content on Webzen.com, and we do not attempt to do so. If you encounter any Content that you do not agree with or find objectionable, please report it to the game support or complaint e-mail address for the area in which the incident occurred. WEBZEN does not endorse, approve, or pre-screen any Content that you or other users communicate on the Service. WEBZEN does not assume any responsibility or liability for Content that is generated by Members or other guests on Webzen.com. We reserve the right to remove Content that is objectionable to us in our sole and absolute discretion. WEBZEN does not assume any liability for any failure to remove, or any delay in removing, any Content.
Our Services may include fictional currencies such as coins, gold coins and points ("Virtual Money") and virtual items or services for use with our Services ("Virtual Goods"). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third party store used by us, and not from any other third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.
You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you. We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3. ONLINE CONDUCTYou agree that you will be personally responsible for your use of Webzen.com and for all of your Content and online activity on the Service, and that you will indemnify and hold harmless WEBZEN, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
a. Post, transmit, promote, or distribute illegal Content.
b. Harass, threaten, abuse, disparage, libel, slander, embarrass, or do anything else to another Member, guest or WEBZEN employee.
c. Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
d. Infringe upon the intellectual property rights of WEBZEN or any third party.
e. Alter or cancel another Member's Account.
f. Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
g. Impersonate another person, indicate that you are a WEBZEN employee or a representative of Webzen.com, or attempt to mislead Members or guests by indicating that you represent WEBZEN or any of WEBZEN’s licensors or affiliates.
h. Attempt to get a log-in I.D., password, or other Account information, or any other private information from a Member or any other user on Webzen.com. Remember: WEBZEN employees will NEVER ask for your password. Don't give your password, secret answers, or billing information out to anyone.
i. Upload any Content that you do not own or have the right to freely distribute.
j. Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
k. Upload files that contain a virus or corrupted data.
l. Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
m. Improperly use in game support or complaint buttons or make false reports to WEBZEN
n. Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
o. Modify, delete or create derivative works of the Service or Website, or any component thereof.
p. Post or communicate any player's real-world personal information within the Service or any other part of the Web Site.
q. Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
r. Exploit any bug in the Service or in any WEBZEN product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
s. Attempt to play your Webzen.com game on or through any service that is not controlled or authorized by WEBZEN You will not participate in any online service that provides online features or game play for your Webzen.com game that is not authorized by WEBZEN
t. Do anything that interferes with the ability of other Members or guests to enjoy playing a Webzen.com game and using the Service or that materially increases the expense or difficulty of WEBZEN in maintaining the Service for the enjoyment of all its Members and guests.
If you encounter another Member who is violating any of the items described in the Online Conduct list above, please report them using the Help or Report Abuse functions of the Service.
WEBZEN does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your Webzen.com game. This includes the exchange of Webzen.com Accounts, or items on services including eBay or Yahoo! Auctions. We do not assume any responsibility for, and won’t support such transactions.
NOTE THAT YOU ARE ONLY LICENSING THE RIGHTS TO USE YOUR ACCOUNT AND THE SERVICE, AND AS WEBZEN EITHER OWNS, OR HAS EXCLUSIVELY LICENSED, ALL OF THE GAME SOFTWARE AND OTHER CONTENT WHICH APPEARS IN THE SERVICE, WEBZEN DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, GIFT OR TRADE IN THE REAL WORLD OF ANYTHING RELATED TO THE SERVICE. SPEFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY GAME SOFTWARE-RELATED ITEMS, YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL GAME ITEMS OR ACCOUNTS FOR REAL MONEY OR EXCHANGE ITEMS OF THE SERVICE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR THE ACCOUNT OF THE MEMBER WHO HAS ACQUIRED SUCH GAME ITEMS OR ACCOUNTS.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.
Modification to Service
WEBZEN may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither WEBZEN nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license.
WEBZEN, in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the Website or the Service, or any component thereof, requires maintenance or upgrades.
▶ Public Nature of Communications
You acknowledge and agree that your communications with other Members or guests via any channel of communication on this Service are public and not private, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. You are solely responsible for these communications and their legality under all applicable laws and regulations. WEBZEN is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to Webzen.com, you expressly grant WEBZEN the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your nickname in WEBZEN’s discretion, and without any notice or compensation to you of any kind. WEBZEN will comply with court orders or subpoenas in any jurisdiction directing WEBZEN to disclose the identity of anyone posting communications to the Website.
For information regarding WEBZEN’s use of information collected in connection with the Services, please refer to WEBZEN’s Privacy Statement.
▶ Personal Use
The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service. Specifically, you may not use any area of the Service to collect information, including login names, about Members, and use of such information to send unsolicited e-mail or for any other purpose. You may not attempt (or authorize, encourage or support others’ attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereto. You agree to advise WEBZEN promptly of any such unauthorized use(s) or attempt(s).
▶ Liability Under Computer Fraud and Abuse Act
The use of machines, computers, scripts or any automated system on the Service is strictly prohibited and may result in criminal liability under the Criminal Damage Act 1991 and/or the Criminal Justice (Theft and Fraud Offences) Act 2001 (the "Acts"). You may only play games made available through the Services with one type, version or copy of the client application at any one time.
Moreover, any of the following actions may subject you to liability, including, penalties under the Act:
a. knowingly and without lawful excuse, attempting to access data without authorization, or exceeding authorized access;
b. accessing a computer without authorization, and as a result of such conduct, intentionally or recklessly causing damage; and
c. knowingly and dishonestly, operating a computer with the intention of making a gain or causing loss to another.
▶ Proprietary Rights; Copyrights and Trademark
You understand and acknowledge that the Website, Content and other applications made available on the Service is owned solely and exclusively by WEBZEN, its licensors or its affiliates, and are protected by applicable Korean laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. Under no circumstance will you obtain any ownership interest in any such proprietary subject matter pursuant to these Terms of Service or otherwise.
You shall not download, copy, transmit, modify, reproduce, distribute, show in public or in private, or create any derivative works of the Service, Website or any Content displayed therein. Unauthorized downloading, copying, transmitting, modifying, reproducing, distributing, showing and creating of derivative works of any Content may lead to the termination of your Account(s) and subject you to further legal action. Similarly, other Content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless WEBZEN and its licensors, affiliates, employees, officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties in connection with such actions.
If WEBZEN receives notice alleging that you have engaged in infringing behavior or reasonably suspects that your use of the Services violates WEBZEN’s or others’ intellectual property rights, WEBZEN may, in its sole discretion, suspend or terminate your Account(s) with or without notice to you.
▶ WEBZEN Trademarks
WEBZEN, its logo(s), Webzen.com, and associated brand names and domain names are trademarks of WEBZEN in the Republic of Korea and other countries. WEBZEN trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by WEBZEN that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppels or otherwise, any right to use, any trademark displayed on the Website without the written permission of WEBZEN or the respective owner of such trademark, service mark or logo.
The Website is provided on an ’as is’ and ‘as available’ basis. WEBZEN reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will WEBZEN be held liable for any damages resulting from such interruptions. The Website may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of WEBZEN and/or its suppliers that are not available in your location. Such references do not imply that WEBZEN or its suppliers intend to make available such products, programs or services in your location.
▶ Game Software
Some games on Webzen.com may require that you download software from WEBZEN or its licensors onto your computer ("Game Software"). The right to use the Game Software is subject to the terms and conditions of the applicable EULA. You understand that WEBZEN’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by WEBZEN may vary depending on your computer and other equipment.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WEBZEN NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE GAME SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
As more particularly described in each applicable EULA, WEBZEN and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Game Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by WEBZEN, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and ‘applets’ incorporated into the Game Software. The rights described in the foregoing sentence are the copyrighted work of WEBZEN and/or its licensors and are protected by the copyright laws of any nation in which WEBZEN provides the Members with the Game Software, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Game Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.
4. BETA TESTSYou may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
▶ Closed Beta Tests
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to WEBZEN, and WEBZEN is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until WEBZEN publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
▶ All Beta Tests (Closed And Open)
a. As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” basis and we make no warranty to you of any kind, express or implied.
b. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
c. By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) WEBZEN has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
d. Beta Test accounts are non-transferable under any circumstances.
5. DISCLAIMER OF WARRANTIESTO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE, GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. WEBZEN.COM, WEBSITE, GAME SOFTWARE, WEBZEN’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WEBZEN PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WEBZEN WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
6. LIMITATIONS OF LIABILITIESNO PROVISIONS OF THESE TERMS OF SERVICE SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE,YOU ACKNOWLEDGE AND AGREE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WEBZEN OR ITS LICENSORS, OR WEBZEN’S OR ITS LICENSOR’S AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS (COLLECTIVELY FOR THE PURPOSES OF THIS CLAUSE “WEBZEN AND ITS AFFILIATES”) IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WEBZEN AND ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION (INCLUDING BUT NOT LIMITED TO DEFAMATORY COMMUNICATIONS) OR CONTENT ON THE SERVICE OR USE OF GAME SOFTWARE. MOREOVER, IN NO CASE SHALL WEBZEN AND ITS AFFILIATES LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO WEBZEN FOR THE SERVICE IN THE YEAR IN WHICH LIABILITY ARISES. FURTHERMORE, IN NO CASE SHALL WEBZEN AND ITS AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LI MITATION, THOSE RESULTING FROM DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM THE USE OF YOUR ACCOUNT (WHETHER BY YOU OR OTHERWISE), GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF YOUR ACCOUNT (WHETHER BY YOU OR OTHERWISE) , INCLUDING BUT NOT LIMITED TO DEFAMATION AND/OR CONTENT RELATED CLAIMS, OR MEMBERSHIP WITH WEBZEN.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WEBZEN AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WEBZEN AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. WEBZEN AND ITS AFFILIATES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. LINKS WITH OTHER SITESFor the convenience of our users, the Website provides certain links to web sites provided by third parties. WEBZEN is not responsible for the content of any other website linked to or from the Website. If you link to another site, you leave the Website and you do so entirely at your own risk. WEBZEN provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. TO THE GREATEST EXTENT PERMITTED BY APPLICALBE LAWS WEBZEN DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
8. INDEMNIFICATIONUpon request by WEBZEN, you agree to defend, indemnify and hold harmless WEBZEN and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from any breach of these Terms of Service or in connection with your transmission of any Content on Webzen.com. WEBZEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to WEBZEN in that matter. The obligations set forth herein shall survive termination of this Agreement.
9. GOVERNING LAWThis Website is operated and controlled from WEBZEN’s offices in Seoul, Republic of Korea. It can be accessed from various countries of the world. The laws of Korea, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website and/or Services. By accessing or using the Website and/or Services, you submit and consent to the exclusive jurisdiction of Korea with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of the Website or Service.
10. VOID WHERE PROHIBITEDWEBZEN makes no representation or warranty that any material on the Website, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside Korea, you are responsible for compliance with all applicable local laws.
11. MISCELLANEOUSIf any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms of Service will remain in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by WEBZEN. The failure of party to assert any right under these Terms of Service shall not be considered a waiver of that party’s right will remain in full force and effect. In addition, these Terms of Service and the Privacy Statement, including WEBZEN’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These Terms of Service and all related documents are written and shall be interpreted in the English language.
12. CONTACT USIf you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via post mail or e-mail as provided below:
Company Name: Webzen Inc.
Address: 242, Pangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do 463-400, Republic of Korea 463-400
Company Name: WEBZEN DUBLIN LIMITED
Address: 2nd Floor Block A/B, Arran Court, Smithfield, Dublin 7, Ireland