TERMS OF SERVICE

 

CAREFULLY READ THE FOLLOWING TERMS OF SERVICE (THE "TERMS OF SERVICE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE "I HAVE READ AND AGREE TO" BOX, IN WHICH CASE YOU WILL NOT BE PERMITTED TO PLAY THE GAME(S), AS DEFINED BELOW.

 

NOTICE TO USERS RESIDING IN EUROPE AND CHINA.  YOU ARE PROHIBITED FROM REGISTERING AND USING THIS SERVICE.  YOU MAY BE REDIRECTED TO AN UNAFFILIATED THIRD PARTY PROVIDING GAME SERVICE IN THOSE TERRITORIES.  IF YOU CREATE AN ACCOUNT WITH THIS SERVICE, YOU WILL BE IN BREACH OF THIS AGREEMENT, AND YOUR ACCOUNT MAY BE TERMINATED OR SUSPENDED AT NEOWIZÕS SOLE AND ABSOLUTE DISCRETION. 

 

NOTICE TO BETA TEST PARTICIPANTS.  IF YOU ARE PARTICIPATING IN A BETA TESTING PROGRAM IN CONNECTION WITH THE GAME, THE BETA TEST TERMS AND CONDITION LOCATED AT BETA TEST PROGRAM TERMS AND CONDITION, ARE INCORPORATED HEREIN AND WILL APPLY IN ADDITION TO THESE TERMS OF SERVICE AND THE EULA.  IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND BETA TEST PROGRAM TERMS AND CONDITIONS, THESE TERMS OF SERVICE SHALL CONTROL.

 

Neowiz Games, Inc. (Neowiz) offers to allow you to play its multi-player online computer game(s) as defined below (individually and collectively, the Game), conditioned on your agreement to all of the terms and conditions contained in this Terms of Service (Agreement) and your compliance with Neowiz's Rules of Conduct.

 

Games(s)

 

 

Your use of the Game constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. 

 

If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact Neowiz customer service by visiting the support section of the Game website located at www.s4league.com/support, or by sending a letter addressed to Neowiz Games, Inc., Attention: S4 League Support, at s4leagueaccount.com

 

The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the "Game Client"), and (b) NeowizÕs proprietary online Game service (the "Service"). Your use of the Game is subject to these Terms of Service, incorporated herein by this reference, which you must accept before you can use the Game Client or the Service.

 

1.           Grant of a Limited License.  Subject to your agreement to and continued compliance with the Terms of Service and the EULA, Neowiz grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the Service and Game Client in connection with the Service. You may not (a) sublicense, rent, lease, loan or otherwise transfer the Service or Game Client (or any part thereof); (b) modify, adapt, reverse engineer or decompile the Game Client, or otherwise attempt to derive source code from the Game Client; (c) create any derivative works in respect of the Game Client or the Service; or (d) otherwise use the Game Client or the Service except as expressly provided in this Agreement. Title to the Game Client, and all rights with respect to the Game Client and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Neowiz.

 

2.           Additional License Limitations.  The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of NeowizÕs copyrights in and to the Game. You agree that you will not, under any circumstances:

 

i.             exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose;

 

ii.            use cheats, automation software, hacks, mods or any other unauthorized third-party software designed to modify the Game experience;

 

iii.          use any unauthorized third-party software that intercepts, mines, or otherwise collects information from or through the Game or the Service; provided, however, that Neowiz may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

 

iv.         disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service;

 

v.           facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Neowiz; or

 

vi.          host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Neowiz in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks

 

3.           Eligibility. 

 

The Game is available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this License. By clicking the "I Accept" button, you represent that you are at least eighteen (18) years of age and are either accepting this Agreement on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.

 

The ChildrenÕs Online Privacy Protection Act, administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. The Game is not directed to children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to Neowiz.

 

4.           Ownership.  All rights and title in and to the Service, Game, and Game Client (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, applets incorporated into the Game Client, transcripts of the chat rooms, character profile information, recordings of games played using the Game Client, and the Game Client and server software) are owned by Neowiz or its licensors. The Service, Game and Game Client are protected by United States and international laws, and may contain certain licensed materials in which Neowiz's licensors may enforce their rights in the event of any violation of this Agreement.

 

5.           Establishing an Account.  You are required to create a user account (Account) through a registration process prior to your use of the Service.  When creating an Account, you may be required to provide Neowiz with certain personal and financial information. You agree that you will supply accurate information to Neowiz when requested, and that you will update your Account information promptly after it changes. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Neowiz.

 

6.           Account Suspension/Deletion.  NEOWIZ MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Service or the EULA.

 

7.           Username and Password.  During the registration process, you may be required to select a unique username and a password (collectively referred to as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.  You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Neowiz by emailing s4_account@help.neowiz.com.  

 

8.           Rules of Conduct.  Character Names and Guild Designations.  Each user will select a character or guild name, as the case may be (a character or guild name may be assigned to you if you do not select one) (collectively, Character Name). When you choose a Character Name that can be seen by other players using the Game or the Service, you must abide by the following guidelines. If Neowiz finds a Character Name to be offensive or improper, it may, in its sole and absolute discretion, change the Character Name, remove the Character Name from all aspects of the Service, and/or suspend or terminate your use of the Service.  In particular, you may not use the name of another person, or a name which violates a third partyÕs trademark right, copyright, or other proprietary right.  You may not use a name which may mislead other players to believe you to be an employee of Neowiz, or which Neowiz deems at its sole discretion to be vulgar or otherwise offensive. Neowiz reserves the right, in its sole and absolute discretion, to delete or alter any Character Name, terminate or suspend your Account, or terminate any license granted herein, for any reason whatsoever.

 

9.           Rules of Conduct.  User Interactions and Game Play.

 

When using any aspect of the Service, including engaging in any type of user interactions, including in Game interactions, Chat functions, forums and message boards, you agree not to:

 

i.             Transmit or post any content or language which, in the sole and absolute discretion of Neowiz, is deemed to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, automation software or other computer programming routines that are intended to damage, modify, interfere with, or otherwise disrupt any system or data;

 

ii.           Communicate or post any user's personal information in the Game, chat, website, message boards or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;

 

iii.          disrupt the normal flow of chat, harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game, send repeated unsolicited or unwelcome messages to a single user, or repeatedly posting similar messages in a chat area, including without limitation continuous advertisements to sell goods or services, defraud, or attempt to gain access to any other userÕs Account;

 

iv.          impersonate any person or entity, including, but not limited to, a Neowiz agent or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

v.           interfere with or disrupt the Service or Servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

During Game play, you are prohibited from:

 

i.             Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;

 

ii.            Conduct prohibited by the EULA or elsewhere in these Terms of Service; and

 

iii.           Anything other conduct or action that Neowiz, in its sole and absolute discretion, determines is contrary to the spirit of the Game.

 

10.         Ownership and Selling of Accounts or Virtual Items.  Neowiz does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Neowiz owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. Neowiz does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the real world of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for legal money, or exchange those items or currency for value outside of the Game.

 

11.         Changes to the Terms of Service.  Neowiz 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, including without limitation access policies, the availability of any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in NeowizÕs sole and absolute discretion) will be disclosed to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If you cannot comply with changes to this Agreement, or such changes are unacceptable to you, you must terminate, and immediately stop using the Service and your Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Neowiz may change, modify, suspend, or discontinue any aspect of the Game at any time. Neowiz may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

12.         Service Interruptions and Changes to the Game.  Neowiz reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Neowiz will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.  You acknowledge that the Service may be interrupted for reasons beyond the control of Neowiz, and Neowiz cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Neowiz shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.  Neowiz has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Service or Game as it sees fit in its sole discretion.  Neowiz shall not be obligated to refund any portion of any fees by reason of any interruption of the Service by reason of any of the circumstances described herein.

13.         Termination.  This Agreement is effective until terminated. You may terminate this Agreement by terminating your Account and deleting the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to the Game. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Neowiz may terminate this Agreement with or without notice by terminating the Account as set forth in Section 6. The provisions of Sections 4, 5, 10 and 14-20 shall survive any termination of this Agreement.

 

14.         Warranty Disclaimer.  THE SERVICE, GAME, GAME CLIENT, ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEOWIZ HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Neowiz does not ensure continuous, error-free, secure or virus-free operation of the Service, Game Client, Game or Account, and you understand that you shall not be entitled to refunds for fees based on NeowizÕs failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to the extent, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

15.         Limitation of Liability.  NEITHER NEOWIZ 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 GAME, GAME CLIENT OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; 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 NEOWIZ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

 

16.         Force Majeure.  Neowiz shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Neowiz'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.

 

17.         Acknowledgments.  You hereby acknowledge and agree that:

 

A.          WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2, 8 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, NEOWIZ MAY (a) COMMUNICATE INFORMATION BACK TO NEOWIZ, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

B.           WHEN THE GAME IS RUNNING, NEOWIZ MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.

 
C.           Neowiz may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Neowiz believes that doing so may protect your safety or the safety of others.

D.          NEOWIZ MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Neowiz is under no obligation to monitor Chat, and you engage in Chat at your own risk.

 
E.           You are wholly 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 Servers.

 

18.         Equitable Remedies.  In the event that you breach this Agreement, you hereby agree that Neowiz would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Neowiz 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 Neowiz may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 19, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

 

19.         Governing Law. The laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account.  You expressly agree that exclusive jurisdiction for any claim or dispute with Neowiz, arising out of or relating in any way to your Account or your use of the Game resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Neowiz or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

 

20.         Miscellaneous.  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 Neowiz concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Neowiz; 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.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

 

 

BETA TEST PROGRAM TERMS AND CONDITION

CONFIDENTIALITY AGREEMENT

 

In order to participate in this Beta Test Program, as defined below, for S4 League (the "Game"), you (Beta Tester) must read and accept the terms of the agreement below. These must be accepted together with the Terms of Service and EULA. Read this Beta Test Program Terms and Conditions (Agreement) carefully. 

 

Neowiz wishes to engage Beta Tester to review and evaluate the Game prior to its full commercial release for the purpose of identifying program errors in the Game, and to provide Beta Tester with other Proprietary Materials (as defined in Section 1 below), for the limited purpose of assisting Beta Tester with the foregoing (collectively, the "Beta Test Program"). Neowiz is willing to provide, on a temporary and revocable basis, a beta version of the Game, including the Game Client and conditional access to the Service, (the "Beta Release") to Beta Tester, subject to the terms and conditions set forth in this Agreement.

 

By registering, accepting, installing, copying, downloading, accessing, consenting or otherwise using the Game in connection with the Beta Test Program, you agree to be bound by the terms of this Agreement. Further, you hereby acknowledge that you choose to accept and be bound by the terms of this Agreement every time you enter or re-enter the Game. If you do not agree to the terms of this Agreement, do not install or use the Game.

 

NOW THEREFORE, Neowiz and Beta Tester agree as follows:

 

1.           Review of Beta Software.  This Agreement shall apply to all information concerning the Game which may be disclosed or provided by Neowiz to Beta Tester at any time, whether or not owned or developed by Neowiz, whether or not copyrighted or patented, including, without limitation, information disclosed to Neowiz by any third party which information Neowiz is obligated to treat as confidential or proprietary information, provided that it is clearly marked by legends as "confidential," proprietary or with words of similar significance or if disclosed orally is identified as confidential upon disclosure or which one would reasonably believe to be confidential (the "Proprietary Materials"). The Proprietary Materials include, but are not limited to, the Beta Release. Nothing in this Agreement shall be construed as granting Beta Tester any rights of any kind with respect to the Proprietary Materials, other than the privilege to review, subject to the terms and conditions set forth herein, such information solely for the purpose of Beta Tester's participation in the Beta Test Program. The privilege granted above is personal, revocable, non-transferable, and non-sublicensable.

 

Beta Tester agrees to provide feedback and suggestions to Neowiz regarding Beta TesterÕs experiences using the Beta Release, as reasonably requested by Neowiz, or as otherwise voluntarily provided by Beta Tester (collectively, the "Feedback"). All rights, title and interests in and to the Feedback shall, as between Neowiz and Beta Tester, be and remain the sole property of Neowiz. Beta Tester hereby grants Neowiz the complete, perpetual, and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform any Feedback which is provided by Beta Tester hereunder in any form, anywhere, with or without attribution to Beta Tester in NeowizÕs discretion, and without any notice or compensation to Beta Tester of any kind. Beta Tester represents and warrants that Beta Tester has the right to enter into this Agreement and that any Feedback which is provided hereunder is original work made solely by Beta Tester and does not infringe any third party intellectual property rights. If Beta Tester is to provide any services to Neowiz or license any technology to Neowiz, a separate agreement signed by both parties will be required.

 

2.           Covenants of Beta Tester

 

A.          Beta Tester represents and warrants that:

 

i.             Beta Tester will not copy or reproduce the Beta Release or any of the other Proprietary Materials;

 

ii.            Beta Tester will not use the Beta Release or any of the other Proprietary Materials other than for the Beta Test Program and in strict compliance with the provisions of this Agreement;

 

iii.           Beta Tester will use Beta TesterÕs best efforts to safeguard the Beta Release and other Proprietary Materials and to prevent unauthorized access to, reproduction of, disclosure of, and/or unauthorized use of, the Beta Release and other Proprietary Materials;

 

iv.          Beta Tester will participate in the Beta Test Program on a computer that is password protected;

 

v.           Beta Tester will not store the Beta Release, or any component thereof, on a central server or other shared computer;

 

vi.          Beta Tester will carry out the Beta Test Program personally and will not provide access to the Beta Release and other Proprietary Materials to any other person;

 

vii.         in the event of any breach of any of Beta Tester's covenants herein that compromises the security or confidentiality of the Beta Release, he/she will immediately report any such breach to Neowiz in writing, along with the details of such breach;

 

viii.        Beta Tester will not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Beta Release, or any part thereof, to the maximum extent this restriction is permitted under applicable law; and

 

ix.          Beta Tester will not alter, modify or create a derivative work of any Beta Release in any manner, nor remove any copyright notice, trademark notice, and/or other proprietary legend or label set forth on or contained within the Beta Release.

 

When Beta Tester returns a Beta Release to Neowiz (where applicable), Beta Tester will have no further obligations under this Agreement with respect to that Beta Release. At such time as the product contained on any particular Beta Release is released into general distribution by Neowiz or is otherwise disclosed to the public through no fault of Beta Tester, then Beta Tester will have no further obligation under this Agreement to maintain the secrecy of the product resident on that particular Beta Release, though Beta Tester will still be bound to all of the other obligations and restrictions set forth in this Agreement with respect to Beta Tester's handling and return of such Beta Release.

 

B.          Beta Tester Acknowledgements

 

i.             Beta Tester acknowledges participation as a Beta Tester of the Game is purely voluntary and that no compensation of any kind will be provided as a result of participation as a volunteer Beta Tester. Beta Tester may stop being a volunteer Beta Tester of the Game at any time.

 

ii.            Beta Tester acknowledges that the Beta Release is beta-version software that is not complete, has not been fully-tested by Neowiz, and is not ready for sale to the general public. The Beta Release may have bugs and other problems that make it unplayable, and that could potentially cause damage to Beta Tester's computer equipment. Beta Tester agrees that, to the maximum extent permitted by applicable law, Neowiz and its affiliates disclaims all liability to you for any problems you have regarding the Beta Release or your participation in the Beta Test Program, or for any damage that the Beta Release may cause.

 

3.           Ownership of Intellectual Property Rights.  For the avoidance of doubt, as between Neowiz and Beta Tester, Neowiz owns all rights, title and interest in and to the Proprietary Materials (including the Beta Release), any and all modifications, enhancements and derivative works thereof, and all Intellectual Property Rights (as defined herein) embodied therein and/or related thereto as may be further set out in any Terms of Service, EULA or other agreement between Neowiz and Beta Tester. As used in this Agreement, "Intellectual Property Rights" means patent rights, copyright (including, for example, rights in audiovisual works and moral rights), trade secrets, know-how, trademarks, service marks, trade names, rights in registrations and applications for any of those rights, rights in trade dress and packaging and other intellectual property rights now known or hereafter recognized by the law of each applicable jurisdiction.

 

4.           Public Information.  Notwithstanding anything to the contrary contained herein, Beta Tester shall be under no obligation to maintain the confidentiality of any Proprietary Materials which Beta Tester can demonstrate: (i) were known by Beta Tester prior to the disclosure thereof by Neowiz; (ii) properly came into the possession of Beta Tester from a third party which, to the best of Beta Tester's knowledge, was not under any obligation to maintain the confidentiality of such Proprietary Materials; (iii) has become part of the public domain through no act or fault on the part of Beta Tester; (iv) is independently developed by Beta Tester; or (v) has been approved for release by written authorization of Neowiz.

 

5.           No Removal of Notices.  Beta Tester represents and warrants that Beta Tester will not alter, modify or create a derivative work of the Beta Release in any manner, nor remove any copyright notice, trademark notice, and/or other proprietary legend or label set forth on or contained within the Beta Release or any of the other Proprietary Materials.

 

6.           Indemnification.  Beta Tester will indemnify and hold Neowiz harmless from and against all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys and expert witnesses) which result from any breach or alleged breach of any of Beta Tester's covenants, representations, warranties or obligations herein, provided, however, that this indemnification obligation shall not be conditioned on any demonstration of the truth of the facts or circumstances alleged by the third party

 

7.           Equitable Relief.  Beta Tester acknowledges and agrees that the Beta Release and other Proprietary Materials constitute valuable trade secrets of Neowiz, and that any unauthorized reproduction, use, and/or disclosure of such materials by Beta Tester shall cause Neowiz irreparable harm for which its remedies at law would be inadequate. Beta Tester agrees that Neowiz shall be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to prevent the breach or threatened breach of any of Beta Tester's obligations hereunder.

 

8.           Termination of Commercial Beta Test Period.  Beta Tester acknowledges that any Beta Release furnished by Neowiz under this Agreement is being loaned by Neowiz to Beta Tester for a limited period of time commencing upon the execution of this Agreement by both parties and continuing in full force and effect until a date to be designated by Neowiz (the "Term"). Neowiz may discontinue the testing program at any time for any reason. At the end of such Term, and at any time upon Neowiz's written request, Beta Tester shall immediately return the Beta Release (as applicable) and all other Proprietary Materials to Neowiz.  Furthermore, in NeowizÕs sole and absolute discretion, any items, levels, points, data, in-game currency, or achievements of Beta Tester attributable to Beta TesterÕs participation in the Beta Test Program may be wiped from the Beta Tester's account due to the Term ending.  Sections 2 through 13 herein shall survive any termination of this Agreement

 

9.           Governing Law and Venue.  The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement.  You expressly agree that exclusive jurisdiction for any claim or dispute with Neowiz, arising out of or relating in any way to this Agreement or your participation in the Beta Test Program resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Neowiz or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. 

 

10.         Assignment.  Beta Tester may not assign this Agreement, nor may any of Beta Tester's rights hereunder be assigned or otherwise transferred to any third party, including by operation of law, without Neowiz's prior written consent. Any attempted or purported assignment or other such transfer by Beta Tester to any third party without such consent having first been obtained shall be void. Subject to the foregoing, this Agreement shall be binding upon the parties and shall inure to the benefit of their respective successors and permitted assigns.

 

11.         Warranty Disclaimer.  BETA TESTER ACKNOWLEDGES THAT THE BETA RELEASE IS PROVIDED FOR EVALUATION PURPOSES ONLY AND IS DELIVERED "AS IS." NEOWIZ DOES NOT WARRANT THAT THE OPERATION OF THE BETA RELEASE WILL BE ERROR-FREE, THAT THE BETA RELEASE WILL EVER BE COMPLETED OR COMMERCIALLY AVAILABLE, OR THAT THE BETA RELEASE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE OR SOFTWARE. NEOWIZ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

 

12.         Limitation of Liability.  NEITHER NEOWIZ NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) BETA TESTERÕS PARTICIPATION IN, OR FROM THE USE OF (OR INABILITY TO USE), THE COMMERCIAL BETA TEST, BETA RELEASE, OR THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; 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 NEOWIZ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

 

13.         Miscellaneous.  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 Agreement is the complete and exclusive statement of the agreement between you and Neowiz concerning the Beta Test, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Neowiz; provided, however that this Agreement is in addition to, and does not replace or supplant, the Terms of Service and 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.  Capitalized terms not defined in this Agreement shall have such meaning as set forth in the Terms of Service.

 

 

 

PRIVACY POLICY

 

Neowiz Games, Inc. ("Neowiz," "we," or "our") respects your privacy and is committed to protecting the Personal Information that you may provide us while using our Sites (as defined below). Your use of our Sites is subject to your agreement to the terms of this privacy policy ("Privacy Policy") and Terms of Service.

 

THIS PRIVACY POLICY IS A CONDITION OF ACCEPTANCE ON OUR SITES AND THEIR RESPECTIVE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SERVICES NEOWIZ PERFORMS ON BEHALF OF ITS AFFILIATES.  BY USING OUR SITES AND THESE SERVICES, YOU AGREE TO BE BOUND BY THIS POLICY'S TERMS AND CONDITIONS.

 

We currently operate the following Sites:

 

 

From time to time, we may add new sites that may not be set forth in the prior sentence, but they will provide a link to this Privacy Policy and will be governed by its terms.

 

1.           Personal Information.  We do not collect any Personal Information from you unless you provide it to us voluntarily. If you decide to provide us your Personal Information (such as name, e-mail address, and mailing address), we will only collect the Personal Information which is needed to fulfill your requests and/or our legitimate business objectives. If you refuse to divulge your Personal Information when requested, you may not be able to access certain areas of our Sites.

 

2.           Site Registration.  In order for you to register for an account, we may require you to provide us with certain information including your name, birth date, valid e-mail address, state and country of residence, zip/postal code, and gender. We do not require personal information to obtain access to any of our Sites; however, you will not be able to access areas that require registration.

 

3.           Payments.  When you register for any of our fee-based services, games or you make an online purchase from our Sites, we will also require that you provide us with the necessary billing information including your name, credit card or payment information, and street address, so that we may provide the content, game, service, or product to you (according to the terms of the sale, including for example the end user license agreements and terms of use for our fee-based games). In order to resolve issues related to customer service, billing questions, technical and computer support, we may also require you to provide us with some Personal Information so that we may resolve such issues properly.

 

4.           Sweepstakes, Contests and Promotions.  To participate in some of our sweepstakes, contests, surveys, and other promotions, you may be asked to provide additional Personal Information such as your mailing address. This information may be collected by Neowiz or by third parties such as co-sponsors or vendors for the promotion. Potential winners may be required to provide additional Personal Information for the purpose of verifying eligibility and awarding prizes, and for tax purposes. NeowizÕs use of any such information will be governed by this Privacy Policy. The names of third parties such as co-sponsors (other than vendors hired by Neowiz to conduct, administer, and execute a promotion on behalf of Neowiz) will be disclosed to you when you are asked to sign up for the promotion. You should review such third parties' privacy policies to see how they may use any information that they collect.

 

5.           Non-personal Information. 

 

In addition to account registration data, we will automatically collect certain non-personal information about your use of our Sites and services. We might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your browsing behavior through our Sites, and the web site or advertisement that was linked to or from the Sites when you visited. To do this, we may use cookies and other technology (see below).

 

Your visits to our Sites, and information provided through these technologies, will be anonymous unless you provide us with personal information or have provided such information in the past. For example, if you have created an account, your account information (including name, email address, and billing and shipping information) may be linked to the items you purchased at our online store (for example, purchase order history).

 

This information is only used for our internal purposes (such as to improve our Sites or to customize content).

 

6.           Cookies and Related Technologies. 

 

Neowiz uses cookies and other technologies to passively collect demographic information, personalize your experience on our Sites and monitor advertisements and other activities. Cookies are small files downloaded to your computer (if your browser is enabled to accept cookies) to track movements within web sites. We may link cookie information to personal information.  Neowiz uses cookies and other technology to customize your experience within our Sites. Personal Information collected through the use of these technologies will be handled according to this Privacy Policy.

 

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of our Sites may not function properly.

 

Neowiz does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on our Sites may be delivered to you by third-party advertising companies. These companies may use information about your visits to this and other web sites in order to provide advertisements on our Sites and other sites about goods and services that may be of interest to you.

 

Neowiz also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Sites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our Sites, however, we may block certain IP addresses. IP addresses may be used to personally identify you in order to enforce our Terms of Service.

 

7.           Statistical and Usage Data.  When you use our Sites and respective services, we may retrieve information about your hardware system and how our services are used, including your Internet Protocol Address. We use this information to enable you to use our services over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge or consent.

 

8.           How Personal Information is Used. 

 

Personal information which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Privacy Policy.

 

For example, if you make an online purchase from our Sites, and unless you have given us permission to do otherwise, we will only collect and save the personal information you provided to us, including your billing and delivery information, in order to (1) complete the sale, (2) comply with tax and other applicable statutes, (3) maintain accurate business and financial records (in accordance with accepted standards), and (4) assist with customer service.

 

When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers.

 

To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site

 

We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products.

 

Your email address will be used to contact you regarding specific issues related to your account. You may also receive special notices and offers for products and services offered by Neowiz. You will be given the opportunity to "opt out" of any mailings which do not include critical information regarding your active account by following the directions contained in the e-mail to "unsubscribe."

 

Except as described in this policy, we will not give any of your personal information to any third party without your express approval, and the only personal information we will ask you if you want us to share with third parties is your name, your mailing address and e-mail address.

 

We sometimes share general, demographic, or aggregated (not personal) information with third parties about our user base, but that information does not include any personal information.

 

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the Neowiz database for such site, if Neowiz or one of its companies assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of NeowizÕs or game or other assets to a subsequent owner or operator, or similar event.

 

Please do not use your real name or the real name of another person when selecting a user name. Please note that your user name will be available to the Internet's general public while you participate in some services, like chat rooms or message boards, so you should exercise discretion when using these services. Personal information disclosed by you within our chat areas, instant message service, message boards, or during game play can be collected by other users of such services and may result in unsolicited messages.  We are not responsible for protecting such information that you may disclose to third parties through our services (for example, sending your address to another user through the chat service). To the extent that you create a public profile that may be available to others on our sites and services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions on the web site.

 

9.           Children Under the Age of 13.  The ChildrenÕs Online Privacy Protection Act, administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. The Site is not directed towards anyone under the age of thirteen (13).  Once a child states that he or she is under thirteen (13), we will not collect or store any Personal Information.

 

10.         Links and Third Party Services.  If you click on a link to a third party site, including on an advertisement, you will leave our Site and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Neowiz. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to our Sites, you should consult that siteÕs privacy policy before providing any personal information.

 

11.         Accessing, Changing or Deleting Personal Information.  To review and update your Personal Information stored with Neowiz, please access your account.

 

If you choose to have your Personal Information removed from our active databases, we will do so within a reasonable time after your request and we will take reasonable steps to ensure that your personal data is not used (except as may be required by law) by Neowiz after your notification to us.

 

12.         Security of Personal Information. 

 

We follow generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as credit card number and/or social security number) on our Sites, we encrypt that information using secure socket layer technology (SSL).

 

However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

13.         Information for People Outside the United States. 

 

By consenting to this Privacy Policy, you confirm your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.

 

For persons in European Union countries, as used herein, terms such as "Personal Information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. By using our Site, you agree that we may transfer your personal data outside the European Union in connection with the purposes stated in this Privacy Policy. Your personal data may be transferred to the United States (and/or other non-EU jurisdictions, as applicable).

 

14.         Other Agreements that Govern Your Use of Our Sites.  In addition to this Privacy Policy, your rights and obligations concerning the use of our Sites are governed by our Terms of Service, the applicable game's end user license agreement and/or terms of use, and other applicable policies, guidelines, FAQ's and requirements. When you sign up to use our services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.

 

15.         Notice of Changes to the Privacy Policy.  By using this site, you signify your assent to NeowizÕs Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Sites. If we decide to change our Privacy Policy, we will post those changes to this privacy statement, the home page, and/or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. If you choose to opt-out of our changed practice, our e-mail will contain instructions on how to opt-out. Your continued use of our Sites will signify your acceptance of the changes to our Privacy Policy.

 

If you have any questions, please feel free to e-mail us at s4_account@help.neowiz.com, or send a letter addressed to Neowiz Games, Inc., Attention: Privacy Policy Administrator, at PO Box 276, Torrance, CA 90507.

 

Updated May 15, 2009