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Membership registration and use free of charge. Please read the Terms of Service and click [Agree] button in order to register. |
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PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. Softnyx Co., Ltd. ("Softnyx," the "Company," "we," "us") provides this web site (the "Site") and all Site-related services and products, including, without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the "Service") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member ("you") with respect to your use of the Service. It is important that you read carefully and understand the terms and conditions of this Agreement.
1. Legal Agreement
Softnyx is the owner of the Site and Service. This is a legal agreement between you ("you", "your", "Softnyx.net Member") and Softnyx. Use of the Site or Service is subject to this Agreement at ALL times without exception and signifies your acceptance. You represent that you have the legal capacity to enter into this Agreement.
Your use of the Site is subject at all times to these Terms of Service and our Privacy Policy. Any content, including but not limited to, user identities created on the Site or submitted to the Service is governed by these Terms. This includes, but is not limited to, proper in-game and out of game conduct. This Agreement is in addition to, and does in no way replace or supplant, the End User License Agreement (the "EULA") that accompanied the Softnyx software and to which the Softnyx software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Softnyx services, affiliate services, third-party content or software.
Softnyx recommends that all users periodically review these Terms since Softnyx.net is a live and evolving community. Softnyx reserves the right, at its sole and absolute discretion, to revise, amend, change, add to, delete, or update these terms and the Service, effective with or without prior notice by publishing the revised or updated Agreement on our website at www.softnyx.net. The revised or updated Agreement is effective upon publication and your continued use of the Site and the Service following notice and publication of the revised or updated Agreement on the site will constitute your acceptance of the updated terms. If you do not agree with these revised or updated Terms, you are obligated to terminate your User ID immediately and cancel any services for which you have signed up.
2. User Identity/Account Creation
When creating a user identity ("User ID", "account") by completing and submitting the softnyx registration form, you represent that you have reviewed, understand, and are in full compliance with the Terms. You must also provide truthful and accurate information in the registration process and be who you claim to be. If you are a minor, you must get a permission from your parent(s) or guardian(s) before completing the registration, in which case they will take full responsibility for all obligations under this Agreement and are completely liable for all activities conducted through the Account by you or any other party, whether authorized by the registered user or not.
During the registration process, you must select login information ("Login Information") comprised of a unique login name ("User ID," "account name") and a secure password ("password").
As creator of your User ID, you are completely responsible for your identity and Softnyx will not tolerate offensive, obscene, or otherwise inappropriate user identities. If a User ID violates any part of these Terms, determined at the sole and absolute discretion of Softnyx Support Staff, we may immediately, temporarily, or permanently ban such User ID from the Site or Service, with or without notice or prior warning.
3. Account Security
You, as the registered user of an account, are ultimately and completely responsible for maintaining confidentiality of your login information and computer system used to access the Site or Service. Further, you are solely responsible and liable for any and all uses of your Login Information, whether authorized by you or not. You may not directly or indirectly reveal your password to anyone for any reason at any time or allow anyone else to access the account. Sharing, trading, swapping, selling, buying, bartering, or otherwise distributing accounts or account/Login Information is strictly prohibited and subject to disciplinary action up to and possibly including service termination at the sole and absolute discretion of our support staff. Softnyx will NEVER ask for your account password and you should NEVER reveal it, EVER; even when contacting us about an account issue.
When creating a User ID, you agree to indemnify and hold Softnyx and its affiliates harmless for any improper use of such identity including, but not limited to, improper or illegal use by someone to whom you have revealed your password in any way. Softnyx is not responsible for any misuse of your User ID, whether such misuse is by you or by third parties. When interacting in any online community we strongly recommend that all players think before they click and engage in safe internet practices at all times.
If you discover that the confidentiality of your account Login Information may have been compromised, you are required to immediately and truthfully report this to Softnyx as soon as possible by submitting a request for help through the Softnyx customer care service. We will coordinate with proper investigating authorities to hold individuals perpetrating online crimes accountable for their actions, including those who submit fraudulent or false reports.
4. Rules of Conduct
All Softnyx Members have to adhere to these Terms at ALL times without exception when interacting with any part of the Site or Service. You must observe these Terms, all applicable laws and also basic rules of etiquette, common courtesy, and common sense when using the Site. Any conduct that violates the law in an offline, real world community is also a violation of these Terms. Softnyx will not tolerate any illegal conduct and will cooperate with law enforcement for such behavior.
Softnyx may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these Terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determinations as to whether a violation has occurred and who is responsible for such act are solely within Softnyx' discretion, and are based on what we deem best for the community. By using the Site, you agree that you will be bound by Softnyx' determination as to whether a violation has occurred and any penalty we choose to implement.
As with any community, you will encounter many different participants with different backgrounds, experiences, and tolerance thresholds. The Rules of Conduct (the "Rules of Conduct", "RoC", "Rules", "Terms") have been drafted to ensure that the Softnyx community is fun and safe for the greater majority of our Members.
While using the Softnyx service, you must abide by the following terms. The followings are the basic rules of conduct that govern all player interactions and activities within the Softnyx service and the respective properties of Softnyx. If you fail to abide by these terms, all Softnyx account(s), and your right to use Softnyx service, is immediately subjected to termination by Softnyx. And refused service to all present and future Softnyx products and services. You are not entitled to refunds of any amount upon termination, you forfeit all outstanding or unused in-game assets, virtual money, and service use granted by subscription (As applicable).
a) Any user created content for participation on the site, in any associated game, or for use in the Service including, but not limited to, User IDs, game IDs, guild and clan names, guild and clan emblems, chat content, forum threads and posts has to be in compliance with the Softnyx Terms of Service, Rules of Conduct, all applicable laws, and the Softnyx Naming Policy.
b) You may not modify, adapt, translate or create derivative works based upon any part of the Softnyx site, the Service, any associated game.
c) You may not impersonate any Softnyx employee or Softnyx business partner or its respective employees, past or present including, but not limited to, support personnel.
d) You may not use any unlawful, threatening, abusive, obscene, harmful, defamatory, vulgar, harassing, hateful, racially, ethnically or otherwise objectionable language toward any other player, in any language as deemed inappropriate by support personnel. The availability of a profanity/language filter is not to grant permission or license to use such language in any form.
e) You may not threaten, harass, nor cause another player distress or create unwanted attention to other players, as interpreted or determined by Softnyx support personnel at their sole and absolute discretion.
f) You may not organize or participate in any player association or group which is based on, or espouses any, racist, sexist, anti-religious, anti-ethnic, or other hatemongering philosophies. You may not organize or participate in any player association which habitually violates the Softnyx Terms of Service and/or Game/Forum policies.
g) You may not use any sexually explicit language which is graphic, inappropriate, or depicts sexual acts including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals, or otherwise deemed inappropriate by Softnyx support staff.
h) You may not market, promote, advertise, or solicit (including multi-level marketing and chain letters) through the Softnyx Service or Softnyx Site. This covers any type of virtual assets available on or through Softnyx as well as other online games and any real world items.
i) You may not directly or indirectly encourage, incite, or direct other Softnyx Members to violate the Softnyx Terms of Service, Rules of Conduct, or any applicable real world laws.
j) You may not violate any local, state, national or international law or regulation.
k) You may not use the Softnyx Service or Site for any illegal purpose. You may not arrange for the exchange or transfer of any pirated/unlicensed software or other contraband while you are using the Softnyx Service or Softnyx Site.
l) You may not post on Softnyx Site website addresses ("URL") of and/ or provide links to any sites which contain illegal/sexual material, content which could harm or disrupt another user's personal network, computer, and/or content which violates the Softnyx Terms of Service.
m) You may not use the Softnyx Service or Softnyx Website for any activities other than those permitted within the Service, game, Website, or associated portal/world.
n) You may not leave a Softnyx account logged in while unattended either by use of software applications or physical objects used in any fashion. If your avatar/in-game persona is performing an action of any kind, you must be able to respond to a Softnyx representative if approached.
o) You may not exploit any bug, feature, or design within any Softnyx product or Service. You may not intentionally use and/or share such information, real or fictitious, regardless of intent, or if it grants an unfair advantage. You may not directly or indirectly communicate the existence of such exploit/bug to another user of the Softnyx Service. You will report any such exploit via the bug reporting process outlined on the Softnyx Website.
p) You will follow the instructions of authorized personnel while using the Softnyx Service. Failure to follow said instructions may result in disciplinary account action, up to and including termination.
q) You may not communicate any player's real-world personal information, in any fashion, including your own, within the Softnyx Service or through the Softnyx Website. You may not directly or indirectly share your account password or account details with anyone, and you will not hold Softnyx., or its subsidiaries, responsible for any damages that may incur from doing so.
r) You may not give false information to or intentionally hide any information from Softnyx, such as e-mail addresses, account information, billing information, which may be required at the time you register with the Softnyx. It is your responsibility to keep this information current.
s) You may not use, create, play, or provide any server emulation, or Service where Softnyx. products or Services may be played. You may not communicate, solicit, use or otherwise distribute any utilities, emulators, applications, or other programs/software related to Softnyx that does not have the express written permission of Softnyx to be used with the Service.
t) You may not attempt to interfere with, hack, or otherwise decipher any transmissions to or from the servers running the Softnyx Service, nor its providers.
u) You may not violate the intellectual property rights of a third party. You may not upload, transmit, or otherwise communicate copyrighted material which you do not own the rights to without express written permission of the author and/or copyright holder through the Softnyx Service or Softnyx Website.
v) You may not intentionally accept an item that has been altered or otherwise manipulated outside of the designed game mechanic or intended feature from anyone inside or outside the game or Service. Softnyx has the right to confiscate any such item(s), without reparation, even if a player had no prior knowledge of the item's origin.
w) You may not do anything that interferes with the capability of other Softnyx users to enjoy playing Softnyx games or using the Softnyx Service as defined by the respective Terms of Service and/or Rules of Conduct, or that increases the expense or difficulty of Softnyx in maintaining the Softnyx Service for its users.
x) You may not intentionally submit inaccurate information, nor otherwise abuse any help, email, or petitioning system.
y) You may not attempt to play any Softnyx product on any service that is not authorized, approved, or controlled by Softnyx or applicable license holders.
BY USE OF THE SOFTNYX SERVICE YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS AND WILL FOLLOW THEM IN THEIR ENTIRITY. YOU AGREE THAT THESE TERMS WILL APPLY TO ANYONE WHO HAS ACCESS TO YOUR SOFTNYX ACCOUNT. THIS INCLUDES ACCESS VIA YOUR APPROVAL, PERMISSION, OR BY OTHERWISE HAVING ACCESS TO YOUR SOFTNYX ACCOUNT OR ACCOUNT INFORMATION (IN WHOLE OR IN PART). YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES WHICH MAY INCLUDE, (BUT ARE NOT RESTRICTED TO) WARNINGS, SUSPENSIONS OR TERMINATIONS OF YOUR ACCOUNT BASED UPON VIOLATIONS OF THESE TERMS BY ANY PERSON.
SOFTNYX MAY FIND IT NECESSARY TO ALTER, RESET, OR OTHERWISE CHANGE CERTAIN PARAMETERS OF, AN ON-GOING PRODUCT OR SERVICE IN ORDER TO REALIGN THE "BALANCE" OF THE PRODUCT OR SERVICE. THESE MODIFICATIONS OR RESETS MAY AFFECT IN-GAME ASSETS, AVATARS, IN-GAME PERSONAS, AND MAY REGRESS THE PRODUCT OR SERVICE.
THESE RULES MAY BE MODIFIED, AMMENDED, OR OTHERWISE CHANGED AT ANY TIME. YOU AGREE TO VISIT SOFTNYX WEB SITE TO REVIEW ANY CHANGES TO THESE RULES/TERMS WHICH MAY HAVE BEEN MADE. YOU AGREE TO CAREFULLY READ THESE TERMS AND CONDITIONS.
If you encounter any conduct or user submitted content on the Site or Service which is in violation of these Terms, it is your duty and responsibility as a Softnyx community Member to report said action to us as we cannot and do not prescreen all forms of communication in the community. We reserve the exclusive right to remove, edit, alter, modify, delete, or otherwise change any Member submitted content that is deemed not appropriate for the Site, Service, or objectionable to us for any reason at any time. This action is in our sole and absolute discretion.
5. Disciplinary Action and User ID Termination
Softnyx can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. The severity of a violation and number of occurrences factor into the decisions, but they are not the only measures used. User identities may be banned, both temporarily and permanently, without prior warning.
To avoid any doubt, you acknowledge that Softnyx has sole discretion with respect to penalties and disciplinary actions even if there is a credit remaining on your account.
If you feel you or your User ID has been unfairly warned or disciplined, please submit a request for help sending an email with pertinent detail to Softnyx Mail Q&A. All submitted account action disputes will be carefully reviewed yet Softnyx will only take action with valid claims in its determination.
6. Content and Ownership
You acknowledge that the Software and the Service contain graphics, music, sound effects, animation, video, style, and text (collectively, "Content"). Content may be provided under license by independent content providers and are referred to in this Agreement as "Content Providers."
Softnyx owns, has licensed, or otherwise has rights to all of the content that appears on the Site or is available through the Service. You agree that you have no right or title in or to any such content, including virtual in-game assets, or any other attributes or features of the Account or stored on the Service. You further agree that there are no refunds or restorations available for any intentionally or accidentally lost, misplaced, or deleted virtual assets. You also acknowledge that Softnyx may, in its sole and absolute discretion, review any virtual asset issues and make a binding decision in accordance with these terms.
Softnyx has developed and owns all images, graphics, text, programs and information appearing on the Site, as well as all trademarks, copyrights and other intellectual property rights therein (the "Softnyx Materials"). You are authorized to use the Softnyx Materials solely in connection with your use of the Site. Except as expressly permitted herein, you agree that you will not use or copy the Softnyx Materials in any manner without Softnyx' prior written consent.
Softnyx is not liable for failure to remove content. You and/or any user of your account assume all potential risk. Softnyx has the right, not the responsibility, to remove Content anytime which it deems necessary, or otherwise for the use in violation of this Agreement.
You acknowledge and agree that all accounts, games, websites, associated properties, and all aspects of characters, items, and currency or coin, and in-game assets (collectively, "Virtual Assets") acquired and developed as a result of game play are part of the Software and Service and are the sole property of Softnyx. You further acknowledge that: the Software and the Service permit access to Content that is protected by trademarks, copyrights, and/or other proprietary rights owned by Softnyx or its content providers (collectively, "Rights"). These Rights are valid and protected in all content and across any media existing now or developed at a later time. Unless explicitly provided otherwise, your use of Content will be governed by the copyright laws of Korea and other applicable laws. You further agree that you may upload or otherwise publish on, or transmit through the Service only Content that is not subject to any Rights, or Content which a holder of Rights has given express authorization for distribution on the Service. By submitting Content to any area of the Service, you automatically grant (or warrant the owner of such Content has expressly granted) to Softnyx the royalty-free, perpetual, irrevocable, and non-exclusive right to license and use, reproduce, modify, adapt, publish, broadcast, transmit, translate, or create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any media, form, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.
You agree that Softnyx owns all rights and interests in the Virtual Assets and retains the absolute right to modify its Virtual Assets. You acknowledge that Softnyx has been, is, and will be constantly making changes to its games. You further acknowledge that Softnyx can and will, in its sole discretion, modify features, functions or abilities of any element of the game or any Virtual Assets (which may, among other things, make the Virtual Assets substantially more effective or functional, or less effective or functional, more common or less common, or eliminated entirely).
You promise that you will never assert or bring any claim against Softnyx, its licensors, or any employees of any of the above, which is related to or based on (i) a claim that you "own" any Virtual Assets in any game, (ii) a claim for the "value" of Virtual Assets if Softnyx deletes them (and/or terminates your account) if you or anyone acting in concert with you violates any provision of this Agreement, the Rules of Conduct, or Privacy Policy, (iii) a claim for the "value" of Virtual Assets that you may lose if Softnyx does anything that it is entitled to do pursuant to any provision of this Agreement, the Rules of Conduct, Privacy Policy, or for any malfunctions and/or "bugs" on the Site or in the Service, (iv) a claim that the "value" or any Virtual Assets has increased or decreased by virtue of any game modification that Softnyx has made or will make, and/or (v) a claim for the "value" of time spent on the Site or Service.
7. Virtual Assets, Refunds and Returns
Certain areas of the Site contain functions for purchasing in-game items and avatars ("Items") using on-Site fictional currency ("Virtual Money"). Certain areas of the Site contain functions for playing with in-game fictional game money or points as provided within certain games for free of charge (Game Point). Regardless of any terminology used or any name freely given by Softnyx at any time with reasonable notice on the Site, rights granted in the Virtual Money, Game Point and in the Items are a limited license right available for one year or less as the case maybe. Softnyx may charge fees for the right to use Virtual Money, and any right of use in the purchased Virtual Money will be terminated within one year from the date of purchase. We will use reasonable efforts to notify via your registered e-mail thirty (30) days before such termination.
Virtual Money is redeemable for real currency only if none of the purchased game money from one transaction has been used. No partial refund is available. Fees may also be charged for the right to use Items, and the purchased Items will be terminated within a limited time from the date of purchase as specified upon purchase. You should carefully review your limited right when you purchase the Items. Upon expiration, the Items will be terminated and removed without prior notification. Knowledge of Item expiration is the sole responsibility of each Softnyx Member. You further agree that there are no refunds or restorations available for any intentionally or accidentally lost, sold, traded, misplaced, or deleted Items. If any of your Items are removed or deleted prior to the expiration date due to a Softnyx game update, program upgrade, game policy update, or any other acceptable reasons send a report to Customer Support within seven days of alleged loss and we will investigate the issue and offer a resolution, possibly including compensation in form of an identical or comparable new item or reasonable amount of Virtual Money. This resolution determined at the sole and absolute discretion of Softnyx will be final.
Use of Virtual Money, Game Point or the Items for any purposes other than as authorized on the Site, whether online or offline is a violation of these Terms. You agree that Softnyx has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Money, Game Point or Items as it sees fit in its sole discretion, and that Softnyx will have no liability to you based on its exercise of such right. Items can only be used on the Softnyx or our associated game sites. Offering or advertising the purchase or sale of any content from our Site is strictly prohibited. Specifically, officially unproved transfer, resale, exchange, or trade of any Virtual Money, Game Point or Items is strictly prohibited and considered a violation of this Agreement. All Virtual Money, Game Point and Items are valid for such period as specified. The applicable validity period starts on the date the item is purchased in case of purchased Item. You agree that Game Point is a functional tool with no real world value that Softnyx technically provides to you for free for the amusement purpose only. Softnyx has the absolute right to manage, regulate, control, modify and/or eliminate Game Point as it sees fit in its sole discretion, and that Softnyx will have no liability to you based on its exercise of such right.
8. Submissions and User IDs
"Submissions" means any and all comments, feedback, suggestions, clan/guild images, icons, or emblems, photos, postings at forums, chat rooms and similar venues on the Site, e-mails and similar information or materials that you submit to Softnyx regarding the games or the services of Softnyx or the use or play of those games and services. You agree that User IDs and Submissions are not confidential and become public upon made accessible or known to others. Therefore, Softnyx strongly recommends that you not publish any personal information about yourself or others on or through the Site. You further agree to assign to Softnyx, at no charge, all worldwide and perpetual rights, title and interest in copyrights and other intellectual property rights to the User IDs and Submissions. You acknowledge that you are responsible for the Submissions that you provide and for managing your User ID and represent that they are in accordance with these terms and the Rules of Conduct. You, and not Softnyx, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, Softnyx does not prescreen or monitor any Submissions.
Except as expressly stated and agreed upon in advance by Softnyx, no confidential relationship will be established in the event any user of this Site should make any oral, written or electronic communication to Softnyx (such as feedback, questions, comments, suggestions, ideas, etc.). If any Softnyx web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Softnyx shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Softnyx will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information. You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
9. Payment Gateways
Softnyx strives to provide free quality games via the Site and Service. Users are not required to purchase in-game items to fully enjoy the Service, however, Users may charge Virtual Money to their accounts using PayPal, Click&Buy, or PayByCash to acquire those charged Items. Before using either payment gateway, Softnyx recommends you to review their Terms of Service carefully and be sure you agree to their terms separate from this Terms of Use. When you present payment gateway information to Softnyx, you represent to Softnyx that you are the authorized user of such payment gateway account being used to acquire Virtual Money.
Softnyx is not affiliated with PayPal, Click&Buy, or PayByCash.
If any payment is reversed, cancelled or charged back, your Account with us may be immediately suspended without notice or further be terminated if found fraud.
10. System Requirements
Part of our mission at the Site is to provide free, high quality games. This entails the use of hardware, software and internet access. By using the Site, you acknowledge that hardware, software and internet access play a crucial role in your user experience. You agree that Softnyx is not responsible for any hardware, software or internet access or unavailability issues and you agree to hold Softnyx harmless for any such issues.
You are solely and completely responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Site or Service.
11. Server Outages
There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new game or new service. Softnyx will do its best to limit server down time to ten hours. However, Softnyx is not liable for any loss of usage or data experienced as a result of maintenance or other down times and you agree to hold Softnyx harmless for any such loss.
Softnyx will not be responsible for a user's inability to access paid services during server maintenance.
Softnyx shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Softnyx, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Softnyx' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
12. Third Party Sites
Clicking a hyperlink may direct you away from the Site. Softnyx does not endorse or control any third party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. Softnyx therefore strongly recommends that you inform yourself regarding the practices of third party websites.
13. Liability
Neither Softnyx nor its parent, subsidiaries, licensors or affiliates shall be liable in any way for damage or loss of any kind resulting from (a) the use of or inability to use the service including without limitation loss of goodwill, work stoppage, computer failure or malfunction; (b) the loss or damage to player characters, accounts, statistics, inventories, user profile information stored by associated games; or (c) interruptions of service including without limitation ISP disruptions, software or hardware failures or any other event which may result in a loss of data or disruption of service. In no event will Softnyx be liable to you or anyone else for any direct, indirect, incidental, special, exemplary or consequential damages.
14. Indemnification
You agree to indemnify and hold harmless Softnyx and its affiliates from and against any claim, loss, expense or damage resulting from or arising out of your failure to comply with these terms or any illegal action or inappropriate conduct by you in connection with your use of the Site or visits to the Site.
15. Service Update or Notice of Change
Softnyx reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete access policies, the availability of any feature of the Service, hours of availability, content, data, software or equipment needed to access the Service, effective with or without prior notice. However, material changes (as determined in Softnyx sole and absolute discretion) will be disclosed prior to or subsequent those changes.
Softnyx will provide you with notification of any such changes to the Service through a server maintenance, announcement, or by email. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service and the Account. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Softnyx may change, modify, suspend, or discontinue any aspect of the Service at any time. Softnyx may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
16. General/Acknowledgements
Softnyx may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process to protect your safety or the safety of others.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Softnyx concerning the Site and Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Softnyx; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
This Agreement is governed by the laws of Korea without regard to conflicts of laws. The forum for all disputes arising out of this Agreement shall be an appropriate federal or state court in Korea and the parties agree to submit to the exclusive jurisdiction of these courts. In the event of any litigation or other dispute arising under this Agreement, the prevailing party in such litigation or dispute will be entitled to recover its attorneys' fees and all other costs and expenses incurred in connection with resolving such dispute.
17. Additional Terms
Void Where Prohibited. No purchase necessary to play games. No deposit, betting, wagering, or gambling is required in order to use this website. The operators of this website reserve the right suspend or terminate Player's access to the website at any time for any reason or no reason. Points have no cash value.
18. Closing
Thank you again for visiting Softnyx. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Site and act with the same courtesy and respect you expect from other guests. Softnyx always reserves the right to refuse or terminate service.
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1. The info gathered
2. Use of the info gathered; opting-out; Illegal activities or other forums.
3. Changing or deleting personal info; Business transfers.
4. Promotions, Contents & Sweepstakes
5. Web site links
6. Questions and Comments;
Softnyx Co., Ltd. - ONLINE PRIVACY POLICY
(Last Updated : Nov 28th, 2008)
Softnyx, Inc. and its affiliated companies (collectively, "Softnyx," the "Companies," "we," "us") provide this web site (the "Site") and all Site-related services and products, including, without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the "Service") solely for playing purposes. Because the success of the Service is dependent on building and maintaining goodwill with our customers, we are committed to implementing measures designed to protect the privacy of those using the Service.
Although Softnyx respects the privacy of all those who visit the Site and use the Service, we do collect certain information from such persons. This Privacy Policy governs your interaction with the Site and your registration for and use of the Service. Except as set forth within this Privacy Policy and our Terms of Use and End User License Agreement or other published guidelines, we do not release personally identifiable information about users without their permission. By using the Service, you signify your agreement to this Privacy Policy, our Terms of Use, End User License Agreement, and other Softnyx rules, policies, notices, agreements and guidelines.
Please note that Softnyx reviews its privacy practices from time to time, and that those practices are, therefore, subject to change. If we change a material aspect of this Privacy Policy, you will be notified by our posting the change on the Service and/or in an updated Privacy Policy. Your continued use of the Service after any such changes signifies your acceptance thereof. We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy.
The Information gathered
Two types of information are gathered from and regarding users of the Service :
Personally identifiable information: We only collect personally identifiable information from you on a voluntary basis. You may visit the Site without providing us with any personally identifiable information. However, at certain times while using the Service - for example, when signing up to open an account or sending us a comment by e-mail - we require that you provide us with certain personally identifiable information (including, for example, your full name, telephone number and e-mail address). Further, you will be required to provide us or a third party payment service (e.g., PayPal) with your credit card information (including a valid credit card number, expiration date and shipping and billing addresses) if you wish to purchase items when using the Service. You will be notified each time your personally identifiable information will be collected by a third party payment service (or other third party). If you do not wish to provide your personally identifiable information to any such third party, you may choose to not provide your personally identifiable information at that time. This Privacy Policy itself serves as notice to you that we collect personally identifiable information at certain times during your use of the Service.
Non-personally identifiable information: When you use the Service, we may collect information that will not be able to specifically identify you such as your birthday, gender and ethnicity. In addition, when you use the Service, we may collect information and aggregate information indicating, among other things, which pages of the Service you visit, the order in which you visit them and which hyperlinks you "click." Collecting such information can involve logging your IP address (i.e., the unique number assigned to your server or Internet Service Provider ("ISP")), operating system specifications, identification of your hard drives and other storage devices, central processing unit, and browser software used to access the Service. In order to maintain the integrity of the Service, we may also obtain information from your computer, software, and parts or portions thereof, including, but not limited to, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. Although such information is not generally personally identifiable, we can determine from an IP address your ISP and the geographic location of your point of connectivity. In order to sign up for any account, you also are required to provide us with a username, password and a Forum name. You must also provide a character name or game ID whenever you create a character for your account. You may also provide non-personally identifiable information to us while participating in forums and chat rooms or otherwise using the Service which may be retained in our databases, such as security questions and answers.
We use "cookies" that is, small text files placed on your computer hard drive. In practical terms, cookies are your identification card for the computers, or servers, that placed them there. Cookies are only read by the server that placed them, and are unable to execute any code or virus. Nevertheless, you should be able to control how and whether cookies will be accepted by your web browser software. For more information on how to do so, please refer to the documentation accompanying your browser software.
Softnyx does not control the acts of the individuals who use the Service. All users should be aware that, when they disclose personally identifiable or other information in a bulletin board, chat room, guestbook or other Forum while using the Service, the information is being made publicly available and may be collected and used by other users. When you disclose such information in a bulletin board, chat room, guestbook or other forum, you do so at your own risk; we are not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users. We reserve the right (but shall have no obligation) to monitor your use of bulletin boards, chat rooms, guest books or other forums.
USE OF THE INFORMATION GATHERED; OPTING-OUT; ILLEGAL ACTIVITIES or other forums.
Please take some time to familiarize yourself with the different ways the information that is gathered from and regarding users is used.
Personally identifiable information : The personally identifiable information that you provide allows us to do a number of things, including allowing us (or third parties) to fulfill your product or service orders, alerting you to new products or services, features or enhancements, handling or routing your customer service questions or comments and/or notifying you about contests, promotions, special events, offers, products and services that may be of interest to you. Softnyx may enhance or merge the personally identifiable information collected from you with data from third parties. Further, we may share or otherwise transfer the information that we collect from you with our affiliates, advertisers and other business partners for a variety of purposes, including for the purpose of such parties providing you with advertisements, promotions, marketing materials or other materials or information related to products and services which might be of interest to you.
Non-personally identifiable information : Softnyx uses non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of the Service. Softnyx also uses non-personally identifiable information for security or debugging purposes, technical support and to protect against user abuse. We use cookies to help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service and/or the parts of the Service that you choose to access or use. Cookies also tell us which advertisements you have seen and allow Softnyx to serve you better and more efficiently, and to personalize your experience while using the Service (e.g., by "remembering" your username or password). We may provide statistical information based on this non-personally identifiable information or data to advertisers, affiliates and other current and potential business partners. We may also use this information to inform these parties as to the number of users who have seen and/or clicked on links to their web sites. We may also combine your non-personally identifiable information with your personally identifiable information for these purposes and to provide you with "targeted" advertisements.
Opting-Out : You may "opt out" of receiving materials described in this Privacy Policy from us and/or our affiliates, advertisers or other business partners. The materials that we send you (e.g., e-mails) will indicate that the materials are from us and will provide you with a method of "opting out" of receiving future materials of a similar nature. If you do not "opt out" of receiving such materials, Softnyx reserves the right to use your personally identifiable information to provide you with such materials and otherwise share or transfer your personally identifiable information to our affiliates, advertisers or other business partners who provide products or services (or advertisements, marketing materials or other information therefore) that we believe may be of interest to you. However, we will not release your credit card information to third parties unless necessary to complete a transaction between you and such third party. If you decide that you would like to "opt-out" of receiving such materials from Softnyx or "opt-out" of Softnyx providing your information to its affiliates, advertisers or other business partners, please contact our customer service department by using the Mail QnA form on the Site. Keep in mind that, while Softnyx encourages its affiliates, advertisers and business partners to adhere to our policies regarding the privacy of our users and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from us or independently. Softnyx reserves the right to contact you at any time using your personally identifiable information for administrative or billing-related issues. Please also keep in mind that any opt-out choices you make will not apply where you have made, simultaneously make, or later make a specific request for information from Softnyx.
Illegal Activities : We reserve the right to release and/or use all information contained within our databases, access logs or other records concerning you if you violate our Terms of Use, End User License Agreement or other rules, policies, notices, agreements or guidelines, or intentionally or unintentionally partake (or are reasonably suspected of partaking) in any illegal activity, including, but not limited to, hacking, even without a subpoena, warrant or other court order, and to release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law, and/or to initiate our own legal proceedings. We cooperate with law enforcement agencies in identifying those who may be using the Service (or any part thereof) for illegal activities. We also reserve the right to report any suspicious or suspected illegal activity to law enforcement individuals or entities for investigation or prosecution.
CHANGING OR DELETING PERSONAL INFORMATION; BUSINESS TRANSFERS.
If you would like to have your personally identifiable information removed from Softnyx's databases, please contact our customer service department by using the Mail QnA form on the Site and we will use reasonable efforts to comply with your request. Keep in mind, however, that there will be residual information that will remain within Softnyx's databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used by us for commercial purposes; however, we reserve the right, from time to time, to re-contact former users of the Service. In addition, we may sell or transfer assets or portions of our business or our entire business to our affiliated companies or third parties as we continue to improve our product and service offerings. In all such transactions, user information (whether non-personally identifiable or personally identifiable) may constitute one of the transferred business assets and you hereby agree to all such transfers. In addition, in the event we reorganize, file for bankruptcy or engage in similar events (whether voluntarily or otherwise), user information (whether non-personally identifiable or personally identifiable) may be transferred to our successors and assigns.
PROMOTIONS, CONTESTS & SWEEPSTAKES
If and when Softnyx sponsors promotions, contests or sweepstakes, or third parties sponsor promotions, contests or sweepstakes in conjunction with the Service, either Softnyx or the third party will post relevant privacy information in the official rules and/or registration area for the promotion, contest or sweepstakes. That privacy information, to the extent it conflicts with this Privacy Policy, will govern that particular promotion, contest or sweepstakes.
WEB SITE LINKS
The Site may contain links to other Internet web sites, including co-branded or other affiliated sites, which may or may not be owned or operated by Softnyx. Unless otherwise explicitly stated, we are not responsible for the actions or the privacy practices or the content of such web sites, including such sites. Use of any information (such as IP number, browser type or operating system) collected when users of our Service click through links to those web sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those sites.
QUESTIONS OR COMMENTS;
Questions or comments regarding this Privacy Policy should be directed to our customer care center using the Mail QnA form located on our website, www.softnyx.net.
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