Post by Xtowers on Nov 21, 2006 23:01:16 GMT -5
USER AGREEMENT
Last Modified December 1, 2003
1. Terms of Agreement
Softnyx Co., Ltd. (the "SOFTNYX") offers to allow you to play its multi-player online computer game "GunBound" conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. Your use of GunBound constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. To confirm your agreement, you should click on the "Agree" button at the end of this Agreement. If you do not so agree, you should click on the "Cancel" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play GunBound. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact a Softnyx customer service representative at [gunbound_int@softnyx.co.kr]
2. Definitions
(A) "Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Game or Technical Information.
(B) "Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Game and the installation, operation, maintenance, service and use thereof.
(C) "End Users" shall mean the users of the Game through network game service system established and operated with individually assigned ID numbers for each End User.
3. Amendments
This User agreement (the "Agreement") comprises the entire agreement between SOFTNYX and the User, and supersedes any prior agreements between the User and SOFTNYX with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by SOFTNYX and/or which may apply when using third party content or services. SOFTNYX may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the SOFTNYX web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
4. Description of Service
SOFTNYX offers GunBound as an online game service accessible (the "Service") through the internet at "http://www.softnyx.net" (the "Web Site"). SOFTNYX reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software which SOFTNYX makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to establish an account with SOFTNYX (the "Account"). SOFTNYX does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at www.softnyx.net is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct.
5. User Registrations Obligations and Security
In order to use the Service, you are required to complete a registration form containing a user name(ID), a password, gender, e-mail address and country. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as required. If any information provided is not true, accurate, current or complete, or SOFTNYX has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then SOFTNYX shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you.
You acknowledge that SOFTNYX reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by SOFTNYX, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify SOFTNYX if you believe that the security of your password has been compromised. You acknowledge that SOFTNYX does not protect you from the unauthorized use of your password.
(a) Eligibility. Accounts are available any individuals. If you wish to use the Service, you must complete the registration process, open an Account in your name and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "Agree" button, the registered user of an Account may use the Account. Only one person may use an Account and you are liable for all activities conducted through your Account.
(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to SOFTNYX staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which SOFTNYX deems in its discretion to be vulgar or otherwise offensive. SOFTNYX reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
(c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters SOFTNYX stores on SOFTNYX servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.
(d) 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. SOFTNYX 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.
(e) Downloads. Downloads of GunBound program from our website (www.softnyx.net) or from any other Mirror site we approve of, shall always include download of protection program named nProtect Gameguard which will only operate when download is synchronized with this protection program and SOFTNYX appoints nProtect as the sole system security software provider.
(f) Former Members. Members whose Accounts have been terminated by SOFTNYX may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of SOFTNYX.
(g) Related Accounts. If SOFTNYX terminates an Account, SOFTNYX may 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 terminated Account.
6. Charges for Service
(a) Membership Fee. Current fees for Membership are free.
(b) Optional charges. If member want to buy some avatar and game item, fees for them are charged.
All fees are stated in U.S. Dollars. YOUR OPTIONAL FEES ARE NOT REFUNDABLE IN WHOLE OR IN PART
7. Indemnification
You agree to indemnify, defend and hold harmless SOFTNYX and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. SOFTNYX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
8. Termination
Either you or SOFTNYX may terminate your Account at any time without further obligation to the other. Further, SOFTNYX reserves the right to terminate the Service at any time without further obligation to you. if the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees; (2) you will lose any avatars developed or items accumulated and you will not have the right to transfer, sell or assign any avatars or items to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account, in the event that an account is terminated, SOFTNYX may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of GunBound as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.
9. Intellectual Property
SOFTNYX, including, without limitation, all communication features of SOFTNYX contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of SOFTNYX and each area contained therein are copyrighted as a collective work under the Republic of Korea copyright laws. SOFTNYX owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on SOFTNYX (including, without limitation, content that the Website enables you to download) without the express written permission of SOFTNYX and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from SOFTNYX is allowed by the user expressly for the user's own use. User acknowledges that SOFTNYX and/or third-party content providers remain the owners of all materials posted on SOFTNYX, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
10. Limitation of Liability
USER ACKNOWLEDGES THAT SOFTNYX SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY SOFTNYX OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. SOFTNYX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY SOFTNYX. SOFTNYX'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR SOFTNYX SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY SOFTNYX SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. SOFTNYX'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES.
You agree that SOFTNYX cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the GunBound service.
11. Privacy
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SOFTNYX AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. SOFTNYX AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOFTNYX AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. SOFTNYX MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOFTNYX OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
13. Unacceptable Conduct
User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. SOFTNYX reserves the right to terminate the User's usership if it determines, in its sole discretion, that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not exhaustive, and SOFTNYX reserves the right, but not the responsibility, to restrict conduct which SOFTNYX deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of SOFTNYX's or any third party's rights. SOFTNYX may prohibit or delete conduct, communication or content transmitted on SOFTNYX services that is deemed to be in violation of applicable laws or is harmful to other users, the SOFTNYX service community or the rights of SOFTNYX in general. User acknowledges, however, that communication over the Services often occurs in real-time and SOFTNYX cannot, and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO:
A) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. SOFTNYX does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
B) Post or transmit sexually explicit images, or point or reference to such images. SOFTNYX prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
C) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's usership may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
D) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it.
E) Impersonate any person, including, but not limited to, SOFTNYX's employees, monitors or hosts. User shall not hold himself or herself out or portray himself or herself as a SOFTNYX staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of SOFTNYX staff shall be grounds for immediate account termination.
F) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
G) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
H) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. SOFTNYX services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use SOFTNYX services to collect or "harvest" user names without the express permission of those users. SOFTNYX reserves the right to block and/or filter mass email solicitations on or through the service.
I) Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider.
J) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
K) Modify any files that SOFTNYX does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's usership and possible civil and/or criminal liability.
L) Posting to many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. SOFTNYX may take action on a User's account if any of the following offenses is reported: (a) Posting a similar or identical message to more than 5 bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c) Sending more than two(2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, SOFTNYX reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts.
14. Interruption of Service
(a) SOFTNYX 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.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of SOFTNYX, and SOFTNYX cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. SOFTNYX shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
15. General
The failure of SOFTNYX or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement, together with any separate written or online agreement between you, SOFTNYX and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, SOFTNYX and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable).
The Terms of Agreement and the relationship between you, SOFTNYX and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of Korea, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
Softnyx agrees to pay certain amount of game cash or gold when taking any article or the drawing posted on Gunbound website or Q&A by the user and using them to make a game function or an avatar.
Softnyx consider this act of payment in exchange for idea to be fulfilling our duty to compensate for the use of intellectual property and the user may not ask the right on these properties in the future.
16. Notice
Notices may be sent to you or you may send notices to SOFTNYX via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
17. Violations
Please report any violations of the Terms of Agreement to our compliance department by e-mail to gunbound_int@softnyx.co.kr
I have read and understand the foregoing Terms of Agreement and agree to be bound by all of its terms.
Last Modified December 1, 2003
1. Terms of Agreement
Softnyx Co., Ltd. (the "SOFTNYX") offers to allow you to play its multi-player online computer game "GunBound" conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. Your use of GunBound constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. To confirm your agreement, you should click on the "Agree" button at the end of this Agreement. If you do not so agree, you should click on the "Cancel" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play GunBound. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact a Softnyx customer service representative at [gunbound_int@softnyx.co.kr]
2. Definitions
(A) "Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Game or Technical Information.
(B) "Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Game and the installation, operation, maintenance, service and use thereof.
(C) "End Users" shall mean the users of the Game through network game service system established and operated with individually assigned ID numbers for each End User.
3. Amendments
This User agreement (the "Agreement") comprises the entire agreement between SOFTNYX and the User, and supersedes any prior agreements between the User and SOFTNYX with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by SOFTNYX and/or which may apply when using third party content or services. SOFTNYX may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the SOFTNYX web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
4. Description of Service
SOFTNYX offers GunBound as an online game service accessible (the "Service") through the internet at "http://www.softnyx.net" (the "Web Site"). SOFTNYX reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software which SOFTNYX makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to establish an account with SOFTNYX (the "Account"). SOFTNYX does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at www.softnyx.net is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct.
5. User Registrations Obligations and Security
In order to use the Service, you are required to complete a registration form containing a user name(ID), a password, gender, e-mail address and country. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as required. If any information provided is not true, accurate, current or complete, or SOFTNYX has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then SOFTNYX shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you.
You acknowledge that SOFTNYX reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by SOFTNYX, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify SOFTNYX if you believe that the security of your password has been compromised. You acknowledge that SOFTNYX does not protect you from the unauthorized use of your password.
(a) Eligibility. Accounts are available any individuals. If you wish to use the Service, you must complete the registration process, open an Account in your name and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "Agree" button, the registered user of an Account may use the Account. Only one person may use an Account and you are liable for all activities conducted through your Account.
(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to SOFTNYX staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which SOFTNYX deems in its discretion to be vulgar or otherwise offensive. SOFTNYX reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
(c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters SOFTNYX stores on SOFTNYX servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.
(d) 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. SOFTNYX 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.
(e) Downloads. Downloads of GunBound program from our website (www.softnyx.net) or from any other Mirror site we approve of, shall always include download of protection program named nProtect Gameguard which will only operate when download is synchronized with this protection program and SOFTNYX appoints nProtect as the sole system security software provider.
(f) Former Members. Members whose Accounts have been terminated by SOFTNYX may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of SOFTNYX.
(g) Related Accounts. If SOFTNYX terminates an Account, SOFTNYX may 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 terminated Account.
6. Charges for Service
(a) Membership Fee. Current fees for Membership are free.
(b) Optional charges. If member want to buy some avatar and game item, fees for them are charged.
All fees are stated in U.S. Dollars. YOUR OPTIONAL FEES ARE NOT REFUNDABLE IN WHOLE OR IN PART
7. Indemnification
You agree to indemnify, defend and hold harmless SOFTNYX and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. SOFTNYX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
8. Termination
Either you or SOFTNYX may terminate your Account at any time without further obligation to the other. Further, SOFTNYX reserves the right to terminate the Service at any time without further obligation to you. if the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees; (2) you will lose any avatars developed or items accumulated and you will not have the right to transfer, sell or assign any avatars or items to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account, in the event that an account is terminated, SOFTNYX may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of GunBound as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.
9. Intellectual Property
SOFTNYX, including, without limitation, all communication features of SOFTNYX contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of SOFTNYX and each area contained therein are copyrighted as a collective work under the Republic of Korea copyright laws. SOFTNYX owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on SOFTNYX (including, without limitation, content that the Website enables you to download) without the express written permission of SOFTNYX and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from SOFTNYX is allowed by the user expressly for the user's own use. User acknowledges that SOFTNYX and/or third-party content providers remain the owners of all materials posted on SOFTNYX, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
10. Limitation of Liability
USER ACKNOWLEDGES THAT SOFTNYX SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY SOFTNYX OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. SOFTNYX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY SOFTNYX. SOFTNYX'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR SOFTNYX SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY SOFTNYX SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. SOFTNYX'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES.
You agree that SOFTNYX cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the GunBound service.
11. Privacy
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SOFTNYX AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. SOFTNYX AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOFTNYX AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. SOFTNYX MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOFTNYX OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
13. Unacceptable Conduct
User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. SOFTNYX reserves the right to terminate the User's usership if it determines, in its sole discretion, that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not exhaustive, and SOFTNYX reserves the right, but not the responsibility, to restrict conduct which SOFTNYX deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of SOFTNYX's or any third party's rights. SOFTNYX may prohibit or delete conduct, communication or content transmitted on SOFTNYX services that is deemed to be in violation of applicable laws or is harmful to other users, the SOFTNYX service community or the rights of SOFTNYX in general. User acknowledges, however, that communication over the Services often occurs in real-time and SOFTNYX cannot, and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO:
A) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. SOFTNYX does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
B) Post or transmit sexually explicit images, or point or reference to such images. SOFTNYX prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
C) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's usership may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
D) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it.
E) Impersonate any person, including, but not limited to, SOFTNYX's employees, monitors or hosts. User shall not hold himself or herself out or portray himself or herself as a SOFTNYX staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of SOFTNYX staff shall be grounds for immediate account termination.
F) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
G) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
H) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. SOFTNYX services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use SOFTNYX services to collect or "harvest" user names without the express permission of those users. SOFTNYX reserves the right to block and/or filter mass email solicitations on or through the service.
I) Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider.
J) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
K) Modify any files that SOFTNYX does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's usership and possible civil and/or criminal liability.
L) Posting to many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. SOFTNYX may take action on a User's account if any of the following offenses is reported: (a) Posting a similar or identical message to more than 5 bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c) Sending more than two(2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, SOFTNYX reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts.
14. Interruption of Service
(a) SOFTNYX 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.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of SOFTNYX, and SOFTNYX cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. SOFTNYX shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
15. General
The failure of SOFTNYX or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement, together with any separate written or online agreement between you, SOFTNYX and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, SOFTNYX and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable).
The Terms of Agreement and the relationship between you, SOFTNYX and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of Korea, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
Softnyx agrees to pay certain amount of game cash or gold when taking any article or the drawing posted on Gunbound website or Q&A by the user and using them to make a game function or an avatar.
Softnyx consider this act of payment in exchange for idea to be fulfilling our duty to compensate for the use of intellectual property and the user may not ask the right on these properties in the future.
16. Notice
Notices may be sent to you or you may send notices to SOFTNYX via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
17. Violations
Please report any violations of the Terms of Agreement to our compliance department by e-mail to gunbound_int@softnyx.co.kr
I have read and understand the foregoing Terms of Agreement and agree to be bound by all of its terms.
