Softnyx customer service
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PRODUCT LICENSE AND SERVICE AGREEMENT (the "Agreement")
You agree that your use of this Softnyx website, application ("App"), account, product, service or other property (including Service and/or Service Provided Content as defined below), including any patches, updates, and downloadable content associated with any App or other software (collectively "Product" or "Products"), shall be subject to the terms of this Agreement.
All rights not expressly granted to you are reserved by Softnyx and its licensors.
A. In order to use certain Products you may be required to:
- meet minimum age requirements - see Sections 1 and 10
- agree to Third Party Terms - see Section 15
- open an account operated and provided by Softnyx - see Section 10
2. ACCESS AND COSTS
You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Product. Softnyx makes no warranty that the Product can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a "Device", or in the plural, "Devices"), by means of any specific Internet or other connection provider, or in all countries.
YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT.
A. Softnyx grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not lend, sell, lease, rent, redistribute or sublicense the Product. You may not copy, decompile, disassemble, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Softnyx's or its licensors trademarks or logos, or legal notices included in the Product or related assets. Any attempt to use the Product in breach of the terms of this Agreement is a violation of the rights of Softnyx and its licensors. The terms of this Agreement will govern any upgrades provided by Softnyx that replace and/or supplement the Product, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.
B. If the Product is an App then unless expressly authorized by Softnyx in writing installation and use is restricted to an authorized Device; and you are prohibited from making a copy of the App available on a network where it could be used or downloaded by multiple users.
C. The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a material breach of the Agreement, subjects you to immediate revocation of your license, and will be regarded as an infringement of Softnyx's copyrights and other rights in and to the Product. You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;
ii. exploit or reverse engineer the Product (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Softnyx; (b) for gathering in-game currency, items or resources for sale outside the Product; (c) performing in-game services in exchange for payment outside the Product, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Product materials, access, or rights;
iii. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Product;
iv. except as authorized by Softnyx in writing, host, provide or develop matchmaking services for the Product, or intercept, emulate or redirect the communication protocols used by Softnyx in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
v. facilitate, create or maintain any unauthorized connection to the Product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Product; and (b) any connection using programs or tools not expressly approved by Softnyx in writing;
vi. violate any applicable law or regulation in connection with your use of Product;
vii. disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any other player's use of a Product;
viii. interfere or attempt to interfere with the operation of the Product in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs; or
ix. reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by Softnyx; or
4. JURISDICTION AND APPLICABLE LAW
You do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless Softnyx from any and all claims, loss, injury, damage, or costs arising from your use of the Product to the extent permitted by applicable law. No warranty or representation is made by Softnyx that the Product or any use of the Product. Further your use of the Product and all claims arising out of or related to the Product or this Agreement will, to the extent permitted under applicable law, be subject to the laws of Republic of Korea, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of Republic of Korea.
6. USE OF DATA
7. SOFTNYX ACCOUNTS
YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS.
You affirm that you are at least the age specified in any applicable age rating or restriction specified for the Product, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide and comply with this Agreement.
C. PARENTS AND GUARDIANS
You agree that you will be responsible for all uses of the account by your child whether or not such uses were authorized by you. Nothing herein limits Softnyx's rights to suspend, terminate or delete any account.
D. ACCOUNT SUSPENSION/TERMINATION
SOFTNYX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. For purposes of explanation and not limitation, many account suspensions, terminations and/or deletions may be the result of violations of this Agreement.
E. SOCIAL MEDIA
F. USERNAMES AND GROUP DESIGNATIONS:
Depending on which Product and platform or Devise you are using, your username on the platform may be your username in the Softnyx account. Additionally, some Softnyx accounts may allow users to form different "clans", "squads", "teams", or other groups (collectively "groups") with unique group names. When you choose a username or a group name, or otherwise create a label that can be seen by other users, you must abide by the following guidelines as well as the rules of common decency. If Softnyx finds such a name to be offensive or improper, it may, in its sole and absolute discretion, change or remove the name, and/or suspend or terminate your use of the service. In particular, you may not use any name:
i. Belonging to another person with the intent to impersonate that person, including without limitation any Product administrators or any other employee or agent of Softnyx;
ii. That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. That is subject to the rights of any other person or entity without written authorization from that person or entity;
iv. That belongs or refers to a popular culture figure, celebrity, media personality, icon or persona;
v. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
vi. Belonging to any religious figure or deity; or
vii. Related to drugs, sex, alcohol, or criminal activity.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
To the fullest extent permitted by applicable law, you are responsible for all use of your account. You must notify Softnyx immediately of any unauthorized use of your username, password, account information, or any other breach of security that you become aware of relating to your Account. Such notification should be made via email to email@example.com
8. SERVICE PROVIDED CONTENT
B. Softnyx does not recognize the transfer of accounts or Service Provided Content. You may not purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any account or Service Provided Content, or offer to purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any Product account or materials, and any such attempt shall be null and void.
C. Upon termination of any Account, the Agreement, or license, you acknowledge and agree that, to the fullest extent permitted by applicable law, you shall retain no access or control over any aspect thereof.
9. CONSENT TO MONITOR
A. Communications made using a Product should not be considered private. Softnyx may monitor and/or record your communications (including without limitation chat text) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.
If you have a complaint regarding the Product or desire further information on use of a Product, email to Softnyx's Customer Service Center. (firstname.lastname@example.org)
The license granted under this Agreement is effective until terminated by you or Softnyx. Your rights under this Agreement will terminate automatically without notice from Softnyx if you fail to comply with any term(s) of this Agreement or applicable Third Party Terms. Upon termination of the license, you shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
Softnyx reserves the right to terminate this Agreement without cause on immediate written notice.
12. THIRD PARTIES
The Product may enable, or require, access to other third party materials, services or web sites ("Third Party Materials"). Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that Softnyx shall not have any liability to you for Third Party Materials; (iii) Softnyx is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you.
Applicable third parties (such as your console account, mobile phone, or internet access account provider) may also impose limits on the use of or access to certain Products, in any case and without notice or liability. You agree that Softnyx shall not be liable for any acts or omissions of such third parties.
13. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
A. WARRANTY DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND SOFTNYX DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOFTNYX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
B. LIMITATION OF LIABILITY.
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 PRODUCT INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, 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 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ii. IN NO CASE SHALL SOFTNYX'S LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
iii. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF SOFTNYX AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
iv. Member States of the European Union: subject to Section 5, Softnyx shall be liable in accordance with statutory law in cases of its (a) intentional misconduct; (b) gross negligence; (c) breach of applicable Product Liability Acts. Without limiting the foregoing, Softnyx may only be liable for modest levels of negligence in cases of a breach of a "material" contractual obligation under the Agreement, the breach of which would jeopardize the purpose of the Agreement. In such circumstances, Softnyx's liability will be limited to typical and foreseeable damages: in other circumstances Softnyx shall not be liable for acts of modest negligence.
You agree to indemnify, defend and hold harmless Softnyx and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors ("Indemnified Party", and collectively the "Indemnified Parties") from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with any breach by you of the Agreement.
Softnyx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Softnyx's defense of such claim.
15. RISK OF LOSS
You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that you have accessed or downloaded, including any loss due to a file corruption or Device crash.
Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Product(s) for access or use). Products may become unavailable due to potential content provider licensing restrictions or other reasons; Softnyx will not be liable to you if any Product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
Except as otherwise set forth herein, Softnyx does not guarantee that any particular Product or Service Provided Content will be available at all times or at any given time or that Softnyx will continue to offer the Product or Service Provided Content for any particular length of time. Softnyx may change and update the Product or Service Provided Content without notice to you. Softnyx makes no warranty or representation regarding the availability of online Product features and reserves the right to modify or discontinue online Product features in its discretion without notice, including for example, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time.
In addition, Products that may be accessed from, displayed on or linked to from a Device are not available in all languages or in all countries. To the fullest extent permitted by applicable law (i) Softnyx, and its licensors, reserve the right to change, suspend, remove, or disable access to any Product at any time without notice, and (ii) Softnyx will not be liable for the removal of or disabling of access to any Product.
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Softnyx and/or Softnyx's licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SOFTNYX AND ITS LICENSORS.
You agree that all Products and Third Party Materials contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use. No portion of the Products or Third Party Materials may be reproduced in any form or by any means other than as permitted under applicable license.
YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING A PRODUCT FROM YOUR DEVICE.
A. Payment Options / Third Party Billing Partners. You may pay for certain Products and Service Provided Content using the methods made available to you, and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by console, platform, system or Device that you use to access the Product or Service Provided Content.
B. By paying for a Product or Service Provided Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Product or Service Provided Content to take payment from you for the Product or Service Provided Content, using the payment method you have selected.
19. Virtual Assets, Refunds and Returns
To registered users in https://www.softnyx.com/, http://www.softnyx.net/, http://www.softnyxbrasil.com/, http://www.softnyx-korea.net/, http://wolfteam.softnyx-mena.com/ portals:
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.
To users in other portals or platforms:
Softnyx will follow the policy of other portals or platforms when the product is sold in other portals or platforms, unless otherwise mentioned in any written form.
20. CHANGES TO THE AGREEMENT
Softnyx reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice, and by any means, including without limitation by posting notification on any Product website, by email, through a patch process, pop-up screen or in-Product notice. Your continued use of the Product following any revision to this Agreement constitutes your acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement from time to time. Note that if you do not accept affirmatively indicate your acceptance when requested, you may not be able to continue to use the Product or Service Provided Content. In relation to Products and Service Provided Content you have paid for, if you do not wish to accept a change to the Agreement, please stop using the Product or Service Provided Content and contact Softnyx for refund options.
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.
C. Assignment and Transfer
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
You consent to Softnyx providing you notifications about the Product or information the law requires us to provide via email to any address that you specified if you were required to register for the Product. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Product. For Products that do not require you to register or provide an email address, notices and other information may be made available in updates to this Agreement.
E. Force Majeure
Softnyx shall not be liable for any delay or failure to perform resulting from causes outside Softnyx's reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Softnyx's 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.
F. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that Softnyx would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Softnyx shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Softnyx may otherwise have available to it under applicable laws.
G. Entire Agreement
This Agreement constitutes the entire agreement and understanding between you and Softnyx, and supersedes any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.