WEBZEN West Inc.
(Effective Date: July, 2007)
EACH TIME YOU USE OR CAUSE ACCESS TO THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE OR ACCESS ANY SERVICE AND EXIT FROM THE WEBSITE. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
WEBZEN West Inc. may, from time to time, modify, amend, or supplement these Terms of Service, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that you sole remedy is to cease using the Services by canceling your Account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms of Service.
If you violate any of these Terms of Service, WEBZEN West Inc. may issue you a warning about the violation, or we may choose to immediately terminate your Account(s). You acknowledge and agree that WEBZEN West Inc. may terminate your Account(s) at any time for any reason or no reason in its sole and absolute discretion. If your Account is terminated, you may not re-register to obtain a new gPotato Account without WEBZEN West Inc.'s express permission. Moreover, if WEBZEN West Inc. terminates your Account because of your breach of these Terms of Service or WEBZEN West Inc. removes, deletes or loses any of your Content (defined below), WEBZEN West Inc. shall have no liability or responsibility to you or any third party. In addition, if an Account is terminated for any reason, you will lose any characters developed and items accumulated. You will not have the right to transfer, sell, or assign any characters or items to anyone else. You will not be entitled to a refund of any sort.
In the event that an Account is terminated, WEBZEN West Inc. reserves the right to terminate any and all other accounts that share the member name, phone number, email address, internet protocol address, credit card number, or PayPal ID with the terminated account.
The Terms of Service and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and WEBZEN West Inc. regarding your rights and obligations in your use of the Service.
1. GPOTATO ACCOUNT REGISTRATION
By completing the gPotato registration process, you may establish an Account with which to access the Service and become a gPotato Member ("Member"). Your Account allows you to participate in certain games, activities and other services made available on the Website. To create an Account, you must select a login name, nickname and password. Your nickname is your gPotato identity. You may not use a nickname that is used by someone else, and your nickname cannot be vulgar, or otherwise offensive, or be used in any way that violates these Terms of Service. You must provide truthful and accurate information during the Account registration process. Only users who are at least 13 years of age are allowed to sign up for a gPotato account.
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your Account password to other users or permit others to access your Account. WEBZEN West Inc. will not ask you to reveal your password or ever initiate any contact with you by asking for your secret answer. If you forget your password, we will send it to you after we confirmation your identity.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by WEBZEN West Inc.
(a) Charges and Billing
You may create an Account without paying any registration or subscription fees. However, WEBZEN West Inc. may charges fees to access and acquire certain game items or participate in game activities on gPotato. Any applicable fees and other charges are payable in advance and are only refundable in accordance with section 5 below. WEBZEN West Inc. may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes on the Terms of Service page or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your Account at any time, but WEBZEN West Inc. will not refund any fees that may have accrued to your Account before such cancellation, and we will not prorate fees for any charges. For further information please refer to billing.gpotato.com.
(b) Payment Options
Subject to technical problems and revisions to payment policies which may be instituted by WEBZEN West Inc. at any time without notice, you may be required to pay for any applicable fees and charges. Please refer to https://billing.gPotato.com for additional information.
(c) Termination Of Account
You may cancel your Account by delivering notice to gPotato's Customer Service Department at email@example.com and submitting an account closure consent document by fax or mail. WEBZEN West Inc. reserves the right to collect accrued fees and charges and costs incurred by WEBZEN West Inc. before and after you cancel your Account. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation.
In the event your Account is terminated or canceled for any reason, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within gPotato associated with it (such as gPotatoes, Penya, or in-game items). Active gPotato Account holders may not allow former Account holders whose Account has been terminated by gPotato to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved disputes must be settled before gPotato may allow you to register again.
2. ONLINE CONTENT
By "Content," we mean all of the games, software, communications, images, sounds, and all the material and information you see on the Website. WEBZEN West Inc. does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Website.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for gPotato. Content standards may vary depending on where you are accessing gPotato from, the type of game you are playing and the expectations of the local community in which you reside. Some game play and chat rooms may involve use of stronger language than others, including expletives. We request that you always use your best judgment in providing or utilizing Content and engaging in other conduct in connection with the Service. See Section 3 - Online Conduct - for additional information.
WEBZEN West Inc. may monitor any Content on gPotato at any time. But we cannot monitor all of the Content on gPotato, and we do not attempt to do so. If you encounter any Content that you do not agree with or find objectionable, please report it to the game support or complaint e-mail address for the area in which the incident occurred. WEBZEN West Inc. does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. WEBZEN West Inc. does not assume any responsibility or liability for Content that is generated by Members or other guests on gPotato. We reserve the right to remove Content that is objectionable to us in our sole and absolute discretion. WEBZEN West Inc. does not assume any liability for any failure to remove, or any delay in removing, any Content.
3. ONLINE CONDUCT
You agree that you will be personally responsible for your use of gPotato and for all of your Content and online activity on the Service, and that you will indemnify and hold harmless WEBZEN West Inc., its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
- a.Post, transmit, promote, or distribute illegal Content.
- b.Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another Member, guest or WEBZEN West Inc. employee.
- c.Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
- d.Infringe upon the intellectual property rights of WEBZEN West Inc. or any third party.
- e.Alter or cancel another Member's Account.
- f.Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- g.Impersonate another person, indicate that you are a WEBZEN West Inc. employee or a representative of gPotato, or attempt to mislead Members or guests by indicating that you represent WEBZEN West Inc. or any of WEBZEN West Inc.'s licensors or affiliates.
- h.Attempt to get a log-in I.D., password, or other Account information, or any other private information from a Member or any other user on gPotato. Remember: WEBZEN West Inc. employees will NEVER ask for your password. Don't give your password, secret answers, or billing information out to anyone.
- i.Upload any Content that you do not own or have the right to freely distribute.
- j.Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- k.Upload files that contain a virus or corrupted data.
- l.Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
- m.Improperly use in game support or complaint buttons or make false reports to WEBZEN West Inc.
- n.Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- o.Modify, delete or create derivative works of the Service or Website, or any component thereof.
- p.Post or communicate any player's real-world personal information within the Service or any other part of the Web Site.
- q.Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
- r.Exploit any bug in the Service or in any WEBZEN West Inc. product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
- s.Attempt to play your gPotato game on or through any service that is not controlled or authorized by WEBZEN West Inc. You will not participate in any online service that provides online features or game play for your gPotato game that is not authorized by WEBZEN West Inc.
- t.Do anything that interferes with the ability of other Members or guests to enjoy playing a gPotato game and using the Service or that materially increases the expense or difficulty of WEBZEN West Inc. in maintaining the Service for the enjoyment of all its Members and guests.
If you encounter another Member who is violating any of the items described in the Online Conduct list above, please report them using the "Help" or "Report Abuse" functions of the Service.
WEBZEN West Inc. does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your gPotato game. This includes the exchange of gPotatoes, Accounts, or items on services including eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and won't support, such transactions.
NOTE THAT YOU ARE ONLY LICENSING THE RIGHTS TO USE YOUR ACCOUNT AND THE SERVICE, AND AS WEBZEN West Inc. EITHER OWNS, OR HAS EXCLUSIVELY LICENSED, ALL OF THE GAME SOFTWARE AND OTHER CONTENT WHICH APPEARS IN THE SERVICE, WEBZEN West Inc. DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, GIFT OR TRADE IN THE "REAL WORLD" OF ANYTHING RELATED TO THE SERVICE. SPEFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY GAME SOFTWARE-RELATED ITEMS, YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL GAME ITEMS OR ACCOUNTS FOR "REAL" MONEY OR EXCHANGE ITEMS OF THE SERVICE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR THE ACCOUNT OF THE MEMBER WHO HAS ACQUIRED SUCH GAME ITEMS OR ACCOUNTS.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.
▶ Modification to Service
WEBZEN West Inc. may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither WEBZEN West Inc. nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license.
WEBZEN West Inc., in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the Website or the Service, or any component thereof, requires maintenance or upgrades.
▶ Public Nature of Communications
You acknowledge and agree that your communications with other Members or guests via any channel of communication on this Service are public and not private, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. You are solely responsible for these communications and their legality under all applicable laws and regulations. WEBZEN West Inc. is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to gPotato, you expressly grant WEBZEN West Inc. the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your nickname in WEBZEN West Inc.'s discretion, and without any notice or compensation to you of any kind. WEBZEN West Inc. will comply with court orders or subpoenas in any jurisdiction directing WEBZEN West Inc. to disclose the identity of anyone posting communications to the Website.
▶ Personal Use
The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service. Specifically, you may not use any area of the Service to collect information, including login names, about Members, and use of such information to send unsolicited e-mail or for any other purpose. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereto. You agree to advise WEBZEN West Inc. promptly of any such unauthorized use(s) or attempt(s).
▶ Liability Under Computer Fraud and Abuse Act
▶ Prohibited Use
You agree that you will not: a. impersonate any person, including a WEBZEN West Inc., employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the terms of service; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
▶ User Warranty
You represent and warrant to WEBZEN West Inc.: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of another entity, you have the authority to do so; (b) you will provide complete and accurate information to WEBZEN West Inc., including, but not limited to your Full billing and contact information; (c) the charges incurred by you will be honored by your credit card company or payment funding source; and (d) you will pay all charges that you incur with WEBZEN West Inc., at the then-current rates;
The use of machines, computers, scripts or any automated system on the Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code (the "Act
"). You may only play games made available through the Services with one type, version or copy of the client application at any one time.
Moreover, any of the following actions may subject you to liability, including, penalties under the Act:
- knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud and obtains anything of value;
- knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage without authorization, to a protected computer;
- intentionally accessing a protected computer without authorization, and as a result of such conduct, recklessly causing damage; or
- intentionally accessing a protected computer without authorization, and as a result of such conduct, causing damage.
▶ WEBZEN West Inc. Trademarks
WEBZEN West Inc., its logo(s), gPotato™, and associated brand names and domain names are trademarks of WEBZEN West Inc. in the United States, Japan and other countries. WEBZEN West Inc. trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by WEBZEN West Inc. that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Website without the written permission of WEBZEN West Inc. or the respective owner of such trademark, service mark or logo.
The Website is provided on an "as is" and "as available" basis. WEBZEN West Inc. reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will WEBZEN West Inc. be held liable for any damages resulting from such interruptions. The Website may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of WEBZEN West Inc. and/or its suppliers that are not available in your location. Such references do not imply that WEBZEN West Inc. or its suppliers intend to make available such products, programs or services in your location.
▶ Game Software
Some games on gPotato may require that you download software from WEBZEN West Inc. or its licensors onto your computer ("Game Software"). The right to use the Game Software is subject to the terms and conditions of the applicable EULA. You understand that WEBZEN West Inc.'s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by WEBZEN West Inc. may vary depending on your computer and other equipment.
NEITHER WEBZEN West Inc. NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE GAME SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
As more particularly described in each applicable EULA, WEBZEN West Inc. and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Game Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by WEBZEN West Inc., its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game Software. The rights described in the foregoing sentence are the copyrighted work of WEBZEN West Inc. and/or its licensors and are protected by the copyright laws of the United States, Korea, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Game Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.
4. BETA TESTS
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
▶ Closed Beta Tests
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to WEBZEN West Inc., and WEBZEN West Inc. is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until WEBZEN West Inc. publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
▶ All Beta Tests (Closed And Open)
- As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
- When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
- By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) WEBZEN West Inc. has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
- Beta Test accounts are non-transferable under any circumstances.
5. REFUND POLICY
All purchases are non-refundable unless:
- The gPotato is entirely unused and purchased using PayPal, Google Checkout, and/or Credit card within the past 180 calendar days.
- If the Member who incurred the subject fees and/or charges can prove that the Member has been victimized by identity theft.
If you have any questions regarding our refund policy, please call us at 1-877-GALANET.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE, GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. GPOTATO, WEBSITE, GAME SOFTWARE, WEBZEN West Inc.'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WEBZEN West Inc. PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WEBZEN West Inc. WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
7. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WEBZEN West Inc. OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WEBZEN West Inc., ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF GAME SOFTWARE. MOREOVER, IN NO CASE SHALL WEBZEN West Inc.'S OR ITS LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "WEBZEN West Inc. AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO WEBZEN West Inc. FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL WEBZEN West Inc., ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH GPOTATO, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WEBZEN West Inc. OR ANY WEBZEN West Inc. AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WEBZEN West Inc.'S AND WEBZEN West Inc. AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. WEBZEN West Inc. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by WEBZEN West Inc., to collect fees or recover damages for, or obtain an injunction relating to, WEBZEN West Inc., intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Sunnyvale, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or WEBZEN West Inc., may seek any interim or preliminary relief from a court of competent jurisdiction in Sunnyvale, California necessary to protect the rights or property of you or WEBZEN West Inc., pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
8. LINKS WITH OTHER SITES
For the convenience of our users, the Website provides certain links to web sites provided by third parties. WEBZEN West Inc. is not responsible for the content of any other web site linked to or from the Website. If you link to another site, you leave the Website and you do so entirely at your own risk. WEBZEN West Inc. provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. WEBZEN West Inc. DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
Upon request by WEBZEN West Inc., you agree to defend, indemnify and hold harmless WEBZEN West Inc. and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from any breach of these Terms of Service or in connection with your transmission of any Content on gPotato. WEBZEN West Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to WEBZEN West Inc. in that matter. The obligations set forth herein shall survive termination of this Agreement.
10. GOVERNING LAW
This Website is operated and controlled from WEBZEN West Inc.'s offices in Sunnyvale, California, U.S.A. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website and/or Services. By accessing or using the Website and/or Services, you submit and consent to the exclusive jurisdiction of state and federal courts in Northern California with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of the Website or Service.
11. VOID WHERE PROHIBITED
WEBZEN West Inc. makes no representation or warranty that any material on the Website, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.
PUBLICITY RELEASE: Subject to the execution of a publicity release by a parent or legal guardian where applicable, you grant to WEBZEN West Inc., its affiliates and third party partners the unrestricted, irrevocable, transferable right, but not the obligation, to use any content you submit or upload to the Website or Service, including, without limitation, your nickname, photograph, likeness, video or voice recordings, whether in their original form, or as altered, edited, lifted or reproduced by WEBZEN West Inc., its affiliates or third party partners, in perpetuity throughout the world, in connection the Website or Service, in any and all media for any and all purposes, without any payment to, or consent from, you.
13. CONTACT US
If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via e-mail at firstname.lastname@example.org.