Game

Legal Documentation

WILDSTAR® USER AGREEMENT

Updated July xx, 2015.

YOU MUST READ, UNDERSTAND, AND ACCEPT THE PROVISIONS OF THIS AGREEMENT BEFORE CLICKING "I ACCEPT" BELOW. IF YOU DO NOT, YOU MUST CLICK "I REJECT" BELOW.

Please be advised that for some customers from individual territories there are special provisions to be found at the end of this agreement that will take precedent over the general provisions detailed herein.

This agreement is entered into by and between Carbine (as defined below) and You (as defined below) by clicking "I ACCEPT" below, and the following provisions are agreed upon:

  1. DEFINITIONS

    1. Account – Any account provided by Carbine related to the Game, and potentially other games, to which this agreement and/or other agreements between You and Carbine may apply.
    2. Account ID – An Account designation that Carbine can use to identify an Account.
    3. Account Display Name – The name associated with an Account ID.
    4. Character ID – A designation that can be used to identify a character in the Game.
    5. Content – Any material related to the Game that is neither Game software nor Service, including but not limited to any Item, Team, Message Board, C.R.E.D.D., and/or NCOIN.
    6. Carbine – If You are located outside of the European Economic Area this shall mean Carbine, LLC, located at 26895 Aliso Creek Rd. Ste. B-473, Aliso Viejo, CA 92656-5301, USA and if You are located within the European Economic Area, “Carbine” shall mean Carbine, LLC and NCSOFT Europe Limited, incorporated and registered in England and Wales with company number 05165702 whose registered office is at 30 City Road, London, EC1Y 2AB England (collectively, "Carbine").
    7. Game – collectively, any software provided by Carbine, including but not limited to software installed on a computer owned by You or someone else, along with any subsequent versions, enhancements, modifications, upgrades or patches to such software.
    8. IP right – Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
    9. Item – Digital material related to the Game which is used in connection with an Account, including but not limited to any in-Game currency, articles or resources.
    10. Message Board – Any electronic source of information related to the Game, whether or not provided by Carbine, including but not limited to any website, wiki, forum, thread, post, bulletin board, chat room, Usenet network, or other electronic information distribution mechanism.
    11. Message Board ID – A Message Board designation that can be used to identify the source of a user or a post related to a Message Board.
    12. C.R.E.D.D. or NCOIN – Digital material Carbine may make each available under certain restrictions.
    13. Notice Contact – Attn: Customer Support by facsimile to (512) 623-8098.
    14. Privacy Policy – Carbine policy regarding privacy. The current version is found at http://www.wildstar-online.com/en/legal/privacy-policy.
    15. Rules of Conduct – Carbine rules related to use of the Service. The current version is found at http://www.wildstar-online.com/en/legal/rules-of-conduct. These are incorporated into this agreement by reference and a breach of these shall be considered a breach of this agreement.
    16. Service – Any online service provided by Carbine for the Game.
    17. Team – Multiple Character ID’s that are associated on a temporary, semi-permanent, or permanent basis, including but not limited to any form of group, raid, guild, circle, friends, instance, adventure, faction, in-Game race, class, path, tradeskill, profession, house, neighborhood or the like.
    18. You / Your – A person who may click "I ACCEPT" according to Section 9 below.
  2. LIMITED LICENSE – SERVICE, CONTENT AND GAME LICENSED NOT SOLD

    1. The Game requires Service, and Content from Carbine. You acknowledge that You must obtain the Game from Carbine to use the Game and that such software may have a serial code number / access key that can only be used once. You also acknowledge that You must obtain Service from Carbine to use the Game and You acknowledge that You are responsible for supplying any necessary communications connections (such as Internet access) and hardware to use the Game, as well as any costs or expenses related to the foregoing. You further acknowledge that Your full or partial access to Content, including one or more Message Boards, Teams or Items is conditioned upon Your compliance with the provisions of this agreement and the Rules of Conduct. Carbine may modify, remove, or add Content in its reasonable discretion.
    2. Service, Content and Game License Pre-Conditions – You acknowledge that any Carbine license to use Service, Content or Game is pre-conditioned upon Your agreement to comply with all provisions of this agreement. Accordingly, You also acknowledge that any Carbine license to use such Service, Content or Game would not exist without Your agreement to comply with all provisions of this agreement, and failure to comply will result in reasonable penalties, up to and potentially including termination for material breach. You further acknowledge that use of the Game may require additional licenses, such as a license to any applicable operating system or other third-party software, and that You are responsible for obtaining and agreeing to any applicable third-party license before You enter into this agreement.
    3. License Grant – Any Service, Content or Game supplied by Carbine is licensed, not sold, by Carbine. All title and rights not expressly granted in this agreement, including but not limited to any IP right and the display thereof, are retained by Carbine and/or third-parties under agreement with Carbine. Carbine hereby grants You a revocable, non-exclusive, license for personal and non-commercial use of Service, Content and Game that is non-transferable except as permitted under Section 9(c). Nothing in this agreement shall limit the re-sale by You of the original tangible data storage medium (e.g. DVDs and Blu Ray Discs) on which the Game is contained. YOU ACKNOWLEDGE THAT ANY SUCH LICENSE WILL BE NEGATIVELY AFFECTED, COMMENSURATE WITH THE MATERIALITY OF YOUR BREACH, UP TO AND INCLUDING TERMINATION, OF THE LICENSE IF YOU BREACH, VIOLATE, OR OTHERWISE FAIL TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE RULES OF CONDUCT. IN THE EVENT OF TERMINATION OF ANY SUCH LICENSE CARBINE MAY, IN ITS REASONABLE DISCRETION, MODIFY OR DELETE YOUR ACCOUNT, ALL RELATED CONTENT, AND ANY CHARACTER ID, IF YOUR BREACH IS SEVERE ENOUGH TO REASONABLY WARRANT SUCH ACTIONS.
    4. Account Display Name and Character ID Pre-Conditions – You acknowledge that any use of any Account Display Name or Character ID is pre-conditioned upon Your agreement to comply with all provisions of this agreement. Accordingly, You also acknowledge that any use of such Account Display Name or Character ID would not exist without Your agreement to materially comply with all provisions of this agreement. You additionally acknowledge You may not, and You will not, select any Account Display Name or Character ID that would require any license from any third-party or infringe the rights of any third-party.
    5. The Game may also require at least one Account Display Name and at least one Character ID that You might, in part, be allowed to select subject to restrictions imposed in the reasonable discretion of Carbine, including but not limited to the provisions of Section 5(e) below. You acknowledge that: (i) Your use of any Account Display Name or Character ID, Your selection of any Team, Account ID, Account Display Name, Carbine Message Board ID, Character ID and/or Team designation, selection of characteristics related to a Character ID, or to provide any communication or information on any Message Board, shall be within the reasonable discretion of Carbine; (ii) that the foregoing may be modified for any reason, at any time, and in any way by Carbine in its reasonable discretion; and (iii) that the foregoing are under license, not sold, by Carbine. You further acknowledge that Carbine may, in its reasonable discretion, choose to modify or to delete, or choose not to modify or not to delete, any Account Display Name, Team Name, or Character ID if You are not in compliance with the provisions in Section 4 below or any other provisions related to the foregoing. You additionally acknowledge that Carbine has no ongoing and/or future duty to You regarding any license related to a modified or deleted Account Display Name, Team Name, or Character ID.
    6. Additional License Restrictions – You acknowledge You will not directly or indirectly:
      1. reverse engineer, translate, adapt, disassemble, decompile, or reduce to any human-perceivable form, any Game or parts thereof;
      2. copy, distribute or reproduce any Service, Content, Game, or parts thereof;
      3. modify, or create a derivative work of or based on, any Service, Content, Game, or parts thereof; and/or
      4. sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Service, Content, Game, or parts thereof, including but not limited to any serial code number, access key or the like. However, this Section shall not prevent You from selling the original tangible storage medium on which the Game is contained.
  3. DURATION OF AGREEMENT, ACCOUNT TERMINATION, REFUND REQUESTS

    1. Duration – Unless modified or amended by Carbine, this agreement and its provisions shall remain in effect. Termination of any license granted by Carbine under this agreement does not affect any other provisions of this agreement.
    2. Account Termination – You may notify Carbine that You wish to terminate an Account by notifying the Notice Contact of Your desire to do so. Any such request must be made to the Notice Contact and include Your name, address, contact information, and a reason for the request. Carbine may also, in its reasonable discretion, provide other means by which You may choose to so notify Carbine. Whether or not You wish to terminate an Account, Carbine may, modify or delete Your Account as well as any other Account ID, Account Display Name, Carbine Message Board ID, Character ID, Team, and/or characteristics related to an Account ID for a breach of this agreement, such actions escalating with the severity of the breach. Minor violations of this agreement may result in a warning. Termination of an Account under this provision also terminates any license granted by Carbine under this agreement but does not affect any other provisions of this agreement.
    3. Should Carbine offer a web-interface option for Account Termination, You may be requested to complete a survey regarding Your reasons for termination as a condition of termination. Nothing stated in your survey responses will impact Your ability to terminate Your Account.
  4. ACCOUNT(S) AND PAYMENTS TO CARBINE

    1. Account(s) – The Game requires at least one Account from Carbine. You acknowledge that it is Your responsibility to establish any Account needed for the Game and to comply with any Carbine provisions for establishing and maintaining such Account(s). We may provide the option for you to login to Your Account and access the Game using your credentials (e.g., user name and password) from a third party service. If you choose to login to Your Account using this feature, we may obtain information about you (including personal information) from the third party service (including your email address, profile information, and other information you have provided to the third party service). Our use of Personal Information provided to us by those third parties is governed by our Privacy Policy. You are responsible for any use and related liabilities with respect to any Account for which You click "I ACCEPT," where You intentionally or negligently allow any third parties to access Your Account. It is Your responsibility to safeguard any access control mechanisms You may have related to an Account, such as a password or PIN. Carbine does not ask for such information via e-mail or telephone, but You may have to use it as part of the log-on process for the Game.
    2. Periodic Payments Related to Accounts, Service and Content – Carbine may, in its reasonable discretion, require You to pay to establish or maintain any Account, to use any Service or to use any Content. You acknowledge that if You are required to do so, but do not, then Carbine may terminate Your Account under Section 3(b). You additionally acknowledge that Carbine may require such payments on any basis it deems appropriate in its reasonable discretion, including but not limited to any per-use or periodic basis (such as a number of hours, days or months). And You acknowledge that Carbine may, in its reasonable discretion, establish the timing and form in which such payment must be made, including but not limited to credit cards or online payment services. EXCEPT FOR THE LIMITED CIRCUMSTANCES OTHERWISE SET FORTH HEREIN, YOU ALSO ACKNOWLEDGE THAT CARBINE HAS NO OBLIGATION TO REFUND ANY PAYMENTS, IN WHOLE OR IN PART, RELATED TO AN ACCOUNT WHETHER OR NOT SUCH PAYMENTS WERE MADE OR AUTHORIZED BY YOU, FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO INTERRUPTION OR UNAVAILABILITY OF SERVICE (SEE ALSO SECTION 10). YOU ACKNOWLEDGE, AND FURTHER AGREE, THAT CARBINE MAY, IN ITS REASONABLE DISCRETION, TERMINATE UNDER THE PROVISIONS OF SECTION 3(b) ANY ACCOUNT RELATED TO ANY ATTEMPT TO OBTAIN A REFUND OF ANY PAYMENTS, WHETHER SUCH ATTEMPTS ARE MADE BY CONTACTING AN ISSUER OF CREDIT CARDS OR OTHERWISE, AND THAT CARBINE MAY TAKE ANY OTHER ACTION IT DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO RECOURSE BY WAY OF ANY COLLECTION AGENCY AND/OR CREDIT REPORTING AGENCY WHEN A REFUND HAS BEEN OBTAINED WITHOUT SIGNED WRITTEN CONSENT FROM A LEGALLY AUTHORIZED REPRESENTATIVE OF CARBINE.
    3. Carbine Game Enhancements, Modifications, Upgrades and Patches – In addition to any initial payment You may have made related to the Game, Carbine may provide subsequent versions, enhancements, modifications, upgrades or patches related to the Game. Carbine may, in its reasonable discretion, require You to pay for the foregoing or to be making payments under Section 4(b) and, if You do not, Carbine may terminate Your Account under Section 3(b).
    4. C.R.E.D.D. – Access to C.R.E.D.D. is available in the Game as a limited license for Your personal use in the Game. You may obtain C.R.E.D.D. from Carbine (or a third party authorized by Carbine) for use in connection with the Game. C.R.E.D.D. is a virtual currency which You may, in Carbine’s reasonable discretion, exchange for Items, services or access to other specific forms of Content not otherwise available without C.R.E.D.D.. The offer of Items, services or access to other specific forms of Content by Carbine in exchange for C.R.E.D.D. may be discontinued, modified or removed from the Account by Carbine at any time in its reasonable discretion.
      1. Carbine may, in its reasonable discretion, determine the availability of C.R.E.D.D. with respect to any Account, the time period applicable to such availability, and the availability and time period applicable to any Item or other specific forms of Content not otherwise available without C.R.E.D.D., including but not limited to Item characteristics or characteristics related to an Account ID such as inventory space, character slots, consumables, character customizations, etc.
      2. Carbine may, in its reasonable discretion, require You to pay for C.R.E.D.D. and establish the timing and form in which such payment must be made, including but not limited to credit cards or online payment services.
      3. If C.R.E.D.D. is made available for the Game, each portion of C.R.E.D.D. related to an Account will be deleted immediately upon termination of such Account or as such C.R.E.D.D. is exchanged (in the order determined in the reasonable discretion of Carbine) as required to use an Item or service or to access other specific forms of Content not otherwise available without C.R.E.D.D.. Except for a limited license grant for use in the Game, in Carbine’s reasonable discretion, You have no rights in or to any C.R.E.D.D. whether associated with the Account or otherwise, and Carbine may delete C.R.E.D.D. from the Account for Your fraudulent activities or failure to comply with this agreement.
      4. If C.R.E.D.D. is made available to You for the Game, in quantities determined in the reasonable discretion of Carbine. C.R.E.D.D. may only be available for purchase in a limited number of denominations. You are responsible for any taxes that may result from Your participation in the C.R.E.D.D. service.
      5. Carbine may also choose, in its sole and absolute discretion, to make any quantity of C.R.E.D.D. available in connection with any Account on a limited, promotional, and/or other basis, including but not limited to in connection with purchases of C.R.E.D.D., attendance at events, virtual or otherwise, gifts from Carbine or third parties, etc. (collectively, "Promotional C.R.E.D.D."). Purchased C.R.E.D.D. in any Account may in Carbine’s sole and absolute discretion be deducted from such Account prior to the deduction of any Promotional C.R.E.D.D. made available to You for any Account.
      6. Carbine may in its reasonable discretion choose to make available C.R.E.D.D. only for those Accounts in compliance with all provisions of this agreement, and to limit the amount of C.R.E.D.D. – including Promotional C.R.E.D.D. – that may be obtained in connection with an Account.
      7. C.R.E.D.D. is available only as a limited license to virtual currency for Your personal use in the Game. Except for people ordinarily resident in Germany, You acknowledge that C.R.E.D.D. is digital material with no cash value, that no interest is paid or earned with respect to C.R.E.D.D., that C.R.E.D.D. is not personal property, that the quantity of C.R.E.D.D. in Your Account may be increased or decreased by Carbine in its reasonable discretion, that You have no right to a refund related to C.R.E.D.D., that there is no right to transfer or exchange C.R.E.D.D., and that Carbine may limit Your license to use C.R.E.D.D. with respect to any Item, service, Content or time period related thereto. You further acknowledge that additional restrictions related to C.R.E.D.D., as determined in the reasonable discretion of Carbine, may be applicable if, and when, C.R.E.D.D. is made available to You or thereafter. Carbine may restrict the award or use of C.R.E.D.D. based on Your country of residence or other factors.
      8. Your license to C.R.E.D.D. may expire in Carbine’s reasonable discretion as set forth in its policies. Such expiration may be a result of time, account inactivity or other similar factors.
    5. NCoin - You may obtain NCoin from Carbine (or a third party authorized by Carbine) for use in connection with the Game or other offerings by Carbine. NCoin is a virtual currency which you may, at Carbine's sole and absolute discretion, exchange for Items, services or to access other specific forms of Content or activities not otherwise available without NCoin, as well as opportunities related to any of the foregoing. Any Items, services or to access other specific forms of Content or activities offered by Carbine in exchange for NCoin may be discontinued, modified or removed from the Account by Carbine at any time in its sole and absolute discretion.
      1. Carbine may, in its sole and absolute discretion, determine the availability of NCoin with respect to any Account, the time period applicable to such availability, and the availability and time period applicable to any Item or other specific forms of Content or activities not otherwise available without NCoin, including but not limited to Item characteristics or characteristics related to a Character ID such as gender changes, server changes, inventory space, slots, skills, skill packs, pets or titles.
      2. Carbine may, in its sole and absolute discretion, require You to pay for NCoin and establish the timing and form in which such payment must be made, including but not limited to credit cards or online payment services.
      3. If NCoin is made available to You, each NCoin related to an Account will be deleted immediately upon termination of such Account or as such NCoin is exchanged (in the order which such NCoin were obtained) as required to use an Item or to access other specific forms of Content or activities not otherwise available without NCoin. You have no rights in or to any NCoin whether associated with an Account or otherwise, and Carbine may delete NCoin from any Account for any reason, including without limitation your failure to comply with this Agreement.
      4. If NCoin is made available to You, in quantities determined in the sole and absolute discretion of Carbine. NCoin may only be available for purchase in a few denominations. You are responsible for any taxes that may result from Your participation in the NCoin service.
      5. Carbine may also choose, in its sole and absolute discretion, to make any quantity of NCoin available in connection with any Account on a limited and promotional basis and/or any other basis, including but not limited to Your attendance at events, virtual or otherwise, in connection with purchases of NCoin as well as occasional gifts from Carbine or third-parties (collectively, "Promotional NCoin"). Purchased NCoin in any Account will be deducted from such Account prior to the deduction of any Promotional NCoin made available to You for any Account.
      6. Carbine may in its sole and absolute discretion choose to make available NCoin only for those Accounts in compliance with all provisions of this agreement, and to limit the amount of NCoin - including Promotional NCoin - that may be obtained in connection with an Account, for any reason or for no reason whatsoever.
      7. You acknowledge that NCoin is digital material with no cash value, that no interest is paid or earned with respect to NCoin, that NCoin is not personal property, that the quantity of NCoin in Your Account may be increased or decreased by Carbine in its sole and absolute discretion for any reason or no reason whatsoever, that You have no right to a refund related to NCoin, that there is no right to transfer or exchange NCoin, and that Carbine may limit Your license to use NCoin with respect to any Item or Content or service or activity, as well as any time period related thereto. You further acknowledge that additional restrictions related to NCoin, as determined in the sole and absolute discretion of Carbine, may be applicable if, and when, NCoin is made available to You or thereafter. Carbine may restrict the award or use of NCoin based on Your state/country of residence or other factors, as determined in the sole and absolute discretion of Carbine.
    6. No Cash Value - In addition to Your above acknowledgment that NCoin is digital material with no cash value, You also acknowledge and further agree that there is no cash value to any Item or opportunities related to any Item, that You have no right to obtain any recompense for the foregoing, and that you will not seek to obtain any recompense for the foregoing.
    7. Other payments related to the Game – You acknowledge that Carbine has no responsibility with respect to any payments or "donations" related to the Game that You make to any third-party. For example, such payments could be with respect to information, services, or an Item offered or provided by any third-party. You further acknowledge that attempting to make, or making, such payments or "donations" may also fall within the provisions of Section 8 below.
  5. CONDUCT

    1. It is Your responsibility to read, understand and accept the Rules of Conduct in effect in connection with Your use of the Service. You acknowledge that Carbine may make changes to the Rules of Conduct at any time. You also acknowledge that each and every time You click "I ACCEPT" You warrant and represent that You did read, understand and accept the most recent version of the Rules of Conduct in effect at that time.
    2. If You violate the Rules of Conduct, then Carbine may, in its reasonable discretion, provide You with a warning, penalties, and in certain cases terminate Your Account under Section 3(b).
    3. If You help another user of the Game violate the Rules of Conduct, then Carbine may, in its reasonable discretion, provide You with a warning, penalties, and in certain cases terminate Your Account under Section 3(b).
    4. Carbine has no obligation under any circumstances to review any communications regarding violations of the Rules of Conduct related to any Account. Carbine may, in its reasonable discretion, choose to review communications made to the Notice Contact regarding violations of the Rules of Conduct related to any Account. Carbine may also, in its reasonable discretion, provide other means by which it may choose to review communications regarding violations of the Rules of Conduct related to any Account.
      1. Reported violations of Rules of Conduct that have merit – Carbine may take any action, or no action whatsoever, based on communications regarding violation of the Rules of Conduct related to any Account, including but not limited to providing You with a warning, penalties, and in certain cases termination of an Account under Section 3(b). Carbine has no obligation to explain any decision to take any action, or no action whatsoever, based on communications regarding violation of the Rules of Conduct related to any Account.
      2. Reported violations of Rules of Conduct that lack merit – If Carbine, in its reasonable discretion, determines that You are associated with any communication regarding violations of the Rules of Conduct that lacks merit, Carbine may take any action it deems appropriate under the circumstances, including but not limited to providing You with a warning, penalties, and in certain cases termination of Your Account under Section 3(b).
    5. In addition to the Rules of Conduct, You acknowledge that there are restrictions on Your ability to select any Account ID, Account Display Name, Carbine Message Board ID, Character ID and/or Team designation, or provide any communication or information on any Message Board, including but not limited to any Carbine IP right and/or any third-party IP right. If You violate these restrictions then Carbine may, in its reasonable discretion, take any action it deems appropriate under the circumstances, including but not limited to altering the foregoing, terminating Your Account under Section 3(b), and/or modifying or deleting any communication or information on any Carbine Message Board. That list of restrictions follows:
      1. You may not provide Carbine any inaccurate information regarding an Account ID or select an Account ID that represents You are another person;
      2. You may not select an Account ID, Account Display Name, Carbine Message Board ID, Character ID and/or Team designation that would require any license from any third-party;
      3. You may not select an Account ID, Account Display Name, Carbine Message Board ID, Character ID and/or Team designation that implies any affiliation with Carbine;
      4. You may not select an Account ID, Account Display Name, Carbine Message Board ID, Character ID and/or Team designation, or provide any communication or information on any Message Board, that Carbine, in its reasonable discretion, deems to be vulgar, threatening, racist, sexist or otherwise offensive, including but not limited to references related to any religion or deity;
      5. You may not select an Account ID, Account Display Name, Carbine Message Board ID, Character ID and/or Team designation, or provide any communication or information on any Message Board, that Carbine, in its reasonable discretion, deems to be confusing, gibberish or slang (e.g., Asdf, ROFL, InYourFace); and
      6. You may not select an Account ID, Account Display Name, Carbine Message Board ID, Character ID, and/or Team designation, or provide any communication or information on any Message Board, that Carbine, in its reasonable discretion, deems affiliated with a rank, title or position (e.g., Colonel) that is not related to the Game.
  6. INTELLECTUAL PROPERTY

    1. You acknowledge, and further agree, that You have no IP right related to any Service, Content, Game, or any combination of the foregoing or parts thereof except the limited license provided in Section 2 above.
    2. You acknowledge, and further agree, that You have no IP right related to any Account ID, any Account Display Name, any Carbine Message Board ID, any communication or information on any Carbine Message Board provided by You or anyone else, any information, feedback or communication related to the Game, any Character ID or characteristics related to a Character ID, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Service, Content, Game, or parts thereof. To the extent You may claim any such IP right(s), You hereby grant Carbine a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to Carbine includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). In addition to the provisions of Section 13 below, You further agree to defend, indemnify and hold harmless Carbine with respect to any claim by third-parties that any such license to any such IP right(s) misappropriates, violates or infringes any third-party IP right or other proprietary right.
  7. PRIVACY AND DATA PROTECTION

    1. It is Your responsibility to read, understand and accept the Privacy Policy in effect in connection with Your use of the Service. You acknowledge that Carbine may make changes to the Privacy Policy at any time. You also acknowledge that each and every time You click "I ACCEPT" You warrant and represent that You did read, understand and accept the most recent version of the Privacy Policy in effect at that time.
    2. Carbine has no obligation under any circumstances to review any information, feedback or communication related to the Game. Carbine may, in its reasonable discretion, choose to review any information, feedback or communication related to the Game. Carbine may take any action, or no action whatsoever, based on any information, feedback or communication related to the Game, including but not limited to publicly commenting upon or publishing the foregoing. Carbine has no obligation to explain any decision to take any action, or no action whatsoever, based on any information, feedback or communication related to the Game. You acknowledge, and further agree, that You have no obligation to provide Carbine any information, feedback or communications related to the Game unless expressly stated otherwise herein. In addition to the provisions of Section 13 below, You further agree to defend, indemnify and hold harmless Carbine with respect to any claim related to any information, feedback or communications You provide under this Section 7(b).
    3. Carbine has no obligation under any circumstances to monitor Conduct or other activities related to the Game. Carbine may, in its reasonable discretion, choose to monitor Conduct or other activities related to the Game. You consent to the foregoing monitoring and acknowledge that Carbine may conduct such monitoring, including but not limited to monitoring in-Game communications and Message Boards provided by Carbine as well as third-party Message Boards and the like. You also acknowledge that Carbine may take any action, or no action whatsoever, based on such monitoring, including but not limited to action under Section 5, and that Carbine has no obligation to explain any decision to take any action, or no action whatsoever, based on such monitoring.
    4. CARBINE HAS THE RIGHT, BUT NO OBLIGATION, TO MONITOR OPERATION OF ANY SERVICE, CONTENT OR GAME AT ANY TIME AND IN ANY MATTER, INCLUDING BUT NOT LIMITED TO MONITORING COMMUNICATIONS AND COMMUNICATIONS INTERFACES, STORAGE DEVICES, RANDOM ACCESS MEMORY, OR CPU PROCESSES RELATED TO HARDWARE YOU USE WITH THE GAME. SUCH MONITORING MAY ALSO INCLUDE, BUT IS NOT LIMITED TO, MONITORING FOR THE PURPOSES OF DETECTING THE GAME UNDER SECTION 8(c) or 8(e). YOU CONSENT TO THE FOREGOING MONITORING AND ACKNOWLEDGE THAT CARBINE MAY, AT ANY TIME, AND IN ANY MANNER, COMMUNICATE ANY INFORMATION BETWEEN HARDWARE YOU USE WITH THE GAME AND ANY MECHANISM CARBINE MAY CHOOSE FOR SUCH COMMUNICATIONS. YOU ALSO ACKNOWLEDGE THAT AS A RESULT OF SUCH MONITORING CARBINE MAY IN ITS REASONABLE DISCRETION TAKE ANY ACTION, OR NO ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
      1. CHANGING ANY PORTION OF THE SERVICE, CONTENT OR GAME;
      2. SEEKING RECOURSE AGAINST YOU BY WAY OF ANY PROCEEDING CARBINE DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES; AND/OR
      3. DETERMINING THAT YOU ARE NOT IN COMPLIANCE WITH ALL PROVISIONS OF THIS AGREEMENT AND TERMINATING YOUR ACCOUNT UNDER SECTION 3(b). CARBINE HAS THE RIGHT, BUT NO OBLIGATION, TO PROVIDE YOU WITH NOTICE BEFORE SUCH TERMINATION.
  8. PROHIBITED AND IRREPARABLY HARMFUL ACTIVITIES CONCERNING CARBINE

    You acknowledge that You may not, without signed written consent from a legally authorized representative of Carbine, do any of the following:

    1. Misappropriate, violate or infringe any third-party IP right;
    2. Use any Carbine IP right except as permitted under this agreement or otherwise permitted in writing by Carbine;
    3. Use, or provide others with, any software related to the Game, including any automation software (a.k.a. "bot") or software designed to change or modify operation of the Game;
    4. Use, or provide others with, any "hack," "cheat," "exploit" or "mod";
    5. Use, or provide others with, any service related to the Game, including but not limited to:
      1. any service that interacts with the Game; or
      2. any service that that would change characteristics related to an Account or Character ID, such as increasing the level of a character (a.k.a. power-leveling);
    6. Engage in any activity prohibited under Section 2(f) above;
    7. Knowingly affect the Service, the Game, or Content via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used;
    8. Be a party to any commercial activity related to the Game, including but not limited to:
      1. providing or obtaining any Item; or
      2. use of the Service, the Game, or Content at an Internet café, cyber café or computer gaming center except in North America or European Economic Area so long as there are no players sharing accounts and You are otherwise in compliance with this agreement;
    9. Use, obtain or provide data related to operation of the Game, including but not limited to:
      1. software that reads areas of computer memory or storage devices related to the Game;
      2. software that intercepts or otherwise collects data from or through the Game;
      3. software that redirects communications from any Game or Service; or
      4. software not provided by Carbine which creates or maintains any communication to the Game or Service, including but not limited to any software that emulates the Game or any part thereof as well as any server that emulates the Service or any part thereof;
    10. Violate any law or governmental regulation related to the Game;
    11. Violate or infringe the Digital Millennium Copyright Act, including but not limited to 17 U.S.C. §1201 et seq. and any other copyright legislation, in any way such as circumventing any Carbine technological measure intended to effectively control access to the Service, the Game, Content, or any other Carbine IP right, circumventing any protection afforded by a Carbine technological measure to any Carbine IP right, or engaging in any trafficking related to the foregoing;
    12. Institute any arbitration or other proceeding against Carbine except as permitted under this agreement, including any legal proceeding in court or before an administrative agency;
    13. Provide anyone whose Account was terminated under Section 3(b) any access to the Service, the Game, Content; or
    14. Help others violate this agreement.
  9. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT

    1. By clicking "I ACCEPT" You warrant and represent that You are: 1) at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself; 2) at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself and a minor age 13-17 for whom You are legally permitted to allow access to the Game; or 3) a minor age 13-17 who has been authorized to click "I ACCEPT" under the provisions of Section 9(c) below. YOU ARE HEREBY FOREWARNED THAT CARBINE MAY, IN ITS REASONABLE DISCRETION, EXERCISE ITS SECTION 3(b) RIGHT TO TERMINATE BASED ON FAILURE TO COMPLY WITH THE CRITERIA ABOVE.
    2. Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 9(c) below, only that minor may use the Account thereafter. Except as provided in Section 9(c) below, You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by You to do so is null and void.
    3. If You are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself and a minor age 13-17 for whom You are legally permitted to allow access to the Game, You can choose to allow use of Your Account by that minor instead of Yourself subject to the following provisions:
      1. You acknowledge, and further agree, that each and every time that minor clicks "I ACCEPT" they are entering into an agreement with Your consent and on Your behalf;
      2. You acknowledge, and further agree, that each and every time that minor clicks "I ACCEPT" You are responsible for all the provisions they have agreed to on Your behalf;
      3. You acknowledge, and further agree, that each and every time that minor clicks "I ACCEPT" You are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
      4. It is acknowledged and further agreed by the adult that both the adult and the minor are bound by all provisions of any agreement for which that minor clicks "I ACCEPT" and that the adult has explained the provisions of this Section 9 to the minor, including the fact that both the adult and the minor are jointly and severally responsible under all the provisions of this agreement. Accordingly, it is acknowledged and further agreed that the definition of "You" under this agreement includes both the adult at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of themselves, as well as the minor age 13-17 for whom the adult is legally permitted to allow access to the Game;
      5. In consideration for Carbine allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Carbine with respect thereto; and
      6. The foregoing adult acknowledges and understands that this guarantee is a continuing, unconditional, and irrevocable guarantee to pay for and to defend, indemnify and hold harmless Carbine with respect to any claim related to such liabilities. All rights, remedies, and recourses afforded Carbine by reason of this guarantee or otherwise are separate, cumulative, and non-exclusive. Such rights, remedies, and recourses may be pursued separately, successively, or concurrently, and any action taken by Carbine with respect to such rights, remedies, and recourses shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse which Carbine may have.
    4. You acknowledge that the Game is not intended for minors under age 13, and You will not allow access to the Game, or the viewing of any display thereof, by any minor under age 13.
  10. SERVICE AND AVAILABILITY

    1. You acknowledge that Carbine may in its reasonable discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
    2. You acknowledge that Service may be interrupted for reasons within or beyond the control of Carbine, that Carbine cannot and does not guarantee You will be able to use the Game or any Account whenever You wish to do so, that Carbine will interrupt the Service on a regular basis for purposes of maintenance or updates and may do so without providing You with notice before such interruption, and that Carbine may provide subsequent versions, enhancements, modifications, upgrades or patches related to the Game that You must accept and/or install before You will be able to use the Game.
  11. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU

    1. You acknowledge that the Game is designed and intended to be used for entertainment purposes only and:
      1. You warrant and represent that You understand the Game sets forth a virtual world and not the real world, that You understand the distinction between a virtual world and the real world;
      2. You warrant and represent that You understand that Your privacy, as well as the privacy of others who do not know each other personally in the real world, is well served by keeping interactions in a virtual world separate from those in the real world. You warrant and represent that You will not use any Service, the Game, or Content to provide any information that could be used, directly or indirectly, by another user of the Game to identify You in the real world. You warrant and represent that You will not use any Service, Content or Game to obtain any information that could be used, directly or indirectly, to identify another user of the Game in the real world.
      3. You warrant and represent that You understand that there may be communications or information on any Carbine Message Board as well as parts of the Service or the Game, known or unknown to Carbine, that may be considered objectionable by some persons, including Yourself;
      4. You warrant and represent that You have no history, or patterns of behavior, that would lead to use of the Game in an addictive or compulsive manner; and
      5. You warrant and represent that You have no economic, physical, emotional, psychological, or privacy related considerations that would be adversely impacted by Your use of the Game.
      6. The foregoing shall apply to the maximum extent permitted by law. The foregoing are essential terms of this agreement and, if any of these terms are construed as unenforceable, fail in essential purpose, or become void or detrimental to Carbine, any third parties under agreement with Carbine, any parent, subsidiary or affiliate of Carbine, or any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, then any license You may have under this agreement shall terminate immediately. Moreover, You warrant and represent that You understand the foregoing shall survive any expiration or termination of any license, agreement or use related to the Game.
  12. CARBINE DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND RELEASES

    1. SUBJECT TO SECTION 12(C), ANY SERVICE, CONTENT OR GAME FROM CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, IS PROVIDED AT YOUR OWN RISK ON AN "AS AVAILABLE," "AS IS" BASIS IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED TO SERVICE, SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, UPDATES, CORRECTION OF DEFECTS, OR THAT IT IS FREE FROM DEFECTS OR VIRUSES OR HARMFUL COMPONENTS OF ANY FORM WHATSOEVER. ALL SUCH OBLIGATIONS ARE HEREBY DISCLAIMED AND YOU HEREBY ACKNOWLEDGE THAT CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SOME STATES DO NOT ALLOW ALL SUCH DISCLAIMERS OF IMPLIED WARRANTIES, SO THEY MAY NOT ALL APPLY TO YOU. BY ENTERING THIS AGREEMENT TO USE CARBINE SERVICE, CONTENT, OR GAME YOU ACCEPT THE FOREGOING DISCLAIMER OF WARRANTIES / ALLOCATION OF RISK AND AGREE TO RELEASE CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, FROM ANY AND ALL WARRANTIES AND OBLIGATIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS OF THIS AGREEMENT AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, THEN ANY LICENSE YOU MAY HAVE UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.
    2. SUBJECT TO SECTION 12(C), IN NO EVENT SHALL CARBINE, ANY THIRD PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, TORT OR ANY FORM OF NEGLIGENCE) ARISING IN ANY WAY RELATED TO THIS AGREEMENT OR USE OF THE GAME, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW ALL SUCH LIMITATIONS OF LIABILITY, SO THEY MAY NOT ALL APPLY TO YOU. BY ENTERING INTO THIS AGREEMENT TO USE CARBINE SERVICE, CONTENT OR GAME YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY / ALLOCATION OF RISK AND AGREE TO RELEASE CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS THAT MAY ARISE UNDER, FROM OR IN ANY WAY RELATE TO THIS AGREEMENT, DIRECTLY OR INDIRECTLY, IN EXCESS OF AN ENTIRE AND AGGREGATE MAXIMUM AMOUNT WHOSE TOTAL SHALL NOT EXCEED THE LESSER OF: 1) ONE HUNDRED (100) US DOLLARS; OR 2) THE AMOUNT PAID BY YOU IN CONNECTION WITH ONE ACCOUNT IN THE PRECEDING SIX (6) MONTHS. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS OF THIS AGREEMENT AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, THEN ANY LICENSE YOU MAY HAVE UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.
    3. NOTHING IN THIS AGREEMENT SHALL LIMIT CARBINE’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
  13. INDEMNITY

    1. In addition to the provisions of Sections 6(b), 7(b), 9(c)(vi) and 15, You agree to defend, indemnify and hold harmless Carbine, any third-parties under agreement with Carbine, any parent, subsidiary or affiliate of Carbine, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Game and any person or entity that becomes aware of Your use of the Game at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
      1. The provisions of Section 8(a) - 8(n) above;
      2. Your failure to comply with any provision of this agreement;
      3. Your use of the Game, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
      4. Your actions to knowingly affect the Service, the Game, or Content via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
    2. You acknowledge, and further agree, that Carbine has no obligation to defend, indemnify or hold harmless You in any way related to this agreement including, but not limited to, Your use of the Game, use of the Game by any person, or any connection between the foregoing and any other person or entity that becomes aware of Your use of the Game at any time.
  14. DISPUTE RESOLUTION

    1. Informal Resolution – With respect to the resolution of any controversy related to this agreement (hereinafter "Dispute") (except as provided under Section 14(c) below), You agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. You agree to notify Carbine that You wish to resolve a Dispute by notifying the Notice Contact of Your desire to do so. Any such request must be made to the Notice Contact and include Your name, address, contact information, any applicable serial code number / access key, an explanation of Your side of a Dispute, and at least one reason why a Dispute should be resolved in Your favor. Carbine may also, in its reasonable discretion, provide other means by which You may choose to so notify Carbine. Based on communications regarding a Dispute, Carbine may take any action, as conclusively determined in the reasonable discretion of Carbine, or no action whatsoever, including but not limited to termination of an Account under Section 3(b). Carbine has no obligation to explain any decision to take any action, or no action whatsoever, based on communications regarding any Dispute. If You are not satisfied with a decision by Carbine regarding a Dispute, You agree to try to resolve that Dispute informally for at least another thirty (30) days by submitting a request by facsimile to ‘(512) 623-8098 – Attn: Legal Department’ that includes Your name, address, contact information, any applicable serial code number / access key, an explanation of Your side of a Dispute, and at least one reason why a Dispute should be resolved in Your favor. You further agree that Carbine may extend the time to try to resolve a Dispute informally for successive thirty (30) day periods, not to exceed a total of ninety (90) days, by notifying You using the contact information You provided under this Section 14(a).
    2. Mandatory Binding Arbitration – Except as provided under Section 14(c) below, if You are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if Carbine, in its reasonable discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, You agree that either You or Carbine may request resolution by final and fully binding arbitration conducted under either the Commercial Arbitration Rules of the American Arbitration Association or the International Chamber of Commerce Rules of Arbitration. The arbitration shall be conducted by a single arbitrator who shall be an impartial attorney. The arbitrator shall complete all proceedings instituted hereunder within six (6) months of initial presentment. Each party will bear its own costs of the arbitration, unless the arbitrator deems the arbitration fees an undue burden on You and then we shall pay the full costs of arbitration, but not Your attorneys’ fees. The arbitration may be conducted in person, in Bellevue, Washington, through the submission of documents, by phone or online as allowed by the arbitrator and the rules of the American Arbitration Association. The arbitrator’s written opinion (if any) shall be limited to 3,000 words or less. The arbitrator shall have the authority to award the costs of arbitration, including attorney’s fees, to the prevailing party. Except as otherwise provided in this agreement, You and Carbine may seek to compel arbitration, stay other proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on an award entered by the arbitrator. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT, AND THAT IF YOU CLICK "I AGREE," THEN THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. You and Carbine further acknowledge and agree that this Section 14(b) may only be used with respect to a Dispute between You and Carbine. Accordingly, You and Carbine agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which You are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
    3. Prohibited Activities / Exceptions to Informal Discussions and Arbitration – You acknowledge, and further agree, the provisions of Sections 14(a) and 14(b) above are not applicable to: 1) any activity related to Section 8 above; 2) any Dispute that may arise under, from or in any way relate to invasion of privacy, theft, piracy, or other criminal activity by You or any person(s) other acting in concert with You; and 3) any claim for injunctive relief. YOU ARE HEREBY FOREWARNED THAT CARBINE MAY COOPERATE WITH LAW ENFORCEMENT AUTHORITIES TO ANY EXTENT CARBINE DEEMS PROPER, IN ITS FULL AND ABSOLUTE DISCRETION, AND THAT YOU HAVE NO LEGAL RIGHTS OR RECOURSE AGAINST CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, RELATED TO SUCH COOPERATION.
  15. THIRD PARTY TECHNOLOGY

    You acknowledge that (i) the Game may contain other software or components that are either owned by a third party or in the public domain, and (ii) Carbine has no proprietary interest in such software or components (collectively and each, the "Third Party Software"), and as such, cannot grant You a license to use such Third-Party Software. A listing of any such Third Party Software (if applicable) is made available to You in the Documentation, the "Read Me" files for each component of Third Party Software, and is set forth in the THIRDPARTYSOFTWAREREADME.txt file located in the installation directory of the Game, and is available upon written request from Carbine.  Your rights in any such Third-Party Software are governed by and subject to the terms and conditions set forth in the applicable third-party licenses set forth in the Documentation, the "Read Me" files for each component of Third-Party Software, and in the THIRDPARTYSOFTWAREREADME.txt file located in the installation directory of the Game. By installing or using any such Third-Party Software, You acknowledge and agree to fully comply with such terms and conditions. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE DISCLAIMERS SET FORTH IN SECTION 12 ABOVE AND THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 12 ABOVE SHALL APPLY TO CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, AND ANY LICENSORS OF ANY OF THE FOREGOING WITH RESPECT TO SUCH THIRD PARTY SOFTWARE. CARBINE IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD PARTY SOFTWARE UNLESS EXPRESSLY AGREED TO IN WRITING BY CARBINE UNDER A SEPARATE AGREEMENT. YOU FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND CARBINE, ANY THIRD-PARTIES UNDER AGREEMENT WITH CARBINE, ANY PARENT, SUBSIDIARY OR AFFILIATE OF CARBINE, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, AND ANY LICENSORS OF ANY OF THE FOREGOING FROM AND AGAINST ANY CLAIMS OR LAWSUITS, INCLUDING ATTORNEYS’ FEES, THAT ARISE OR RESULT FROM THE USE OR DISTRIBUTION OF SUCH THIRD PARTY SOFTWARE.
  16. GENERAL PROVISIONS

    1. It is Your responsibility to read, understand and accept this agreement in connection with Your use of the Service. You acknowledge that Carbine may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only. You also acknowledge that each and every time You click "I ACCEPT" You warrant and represent that You did read, understand and accept the provisions in effect at that time.
    2. You acknowledge that any Uniform Resource Identifier, including but not limited to the www.ncsoft.com Uniform Resource Locator (URL) is, in the sole and absolute discretion of Carbine, subject to change at any time.
    3. Force Majeure – Both You and Carbine shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, or any causes of like or different kind beyond the control of You or Carbine, as applicable under the circumstances.
    4. Waiver – Signed written consent from a legally authorized representative of Carbine is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
    5. No Rule of Strict Construction – Notwithstanding the fact Carbine drafted this agreement, no rule of strict construction shall be applied against Carbine. If any provision of this agreement is determined to be unenforceable as a result of any proceeding (e.g., any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency), that provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, that provision will be severed and deleted from this agreement, and the remainder of the agreement will continue in effect.
    6. Injunctive Relief – You and Carbine acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or Carbine) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
    7. Governing Law and Venue – This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Washington, or, as appropriate, by federal law as applied by a federal court sitting in Washington, both without regard to Washington choice of law rules. You and Carbine expressly agree that the United Nations Convention on Contracts for the International Sale of Goods do not apply to this agreement or to transactions processed under the agreement. To the extent not otherwise precluded by any other provision of this agreement (see Sections 14(a) and 14(b) above), any and all Dispute(s) and litigation(s) arising out of or related to this agreement, including without limitation matters connected with its performance, shall be subject to the exclusive jurisdiction of the courts of Washington, sitting in Bellevue, Washington, and/or the Federal courts sitting therein. You and Carbine hereby irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all objections to such venue.
    8. Export Controls – You acknowledge that it is Your responsibility to fully comply with all relevant export laws and regulations of the United States ("Export Laws") so that no part of the game is exported, directly or indirectly, in violation of Export Laws or intended to be used for any purposes prohibited by the Export Laws.
    9. Notices – Unless otherwise stated in this agreement, all notices must be made to the Notice Contact above and to You through the address, including email address Carbine has on file.
  17. TERMS APPLICABLE IN THE EUROPEAN UNION

    1. If You are ordinarily resident in the European Union any reference to an age of 13 in Section 9 shall be deemed a reference to the age in your home country, below which, children receive additional legal data protections afforded to younger minors.
    2. Cancellation Right for Consumers

      A consumer is any natural person who enters into a legal transaction for a purpose that is mostly outside his trade, business or profession.

      The following cancellation right is available only to consumers.

      Right of Cancellation
      You may cancel this contract within 14 days without giving any reason.
      The cancellation period will expire 14 days after the conclusion of the contract.
      To exercise the right of withdrawal, you must inform:

      Carbine, LLC
      26895 Aliso Creek Rd. Ste. B-473
      Aliso Viejo, CA 92656-5301, USA
      Email: carbinesupport@carbinestudios.com
      Phone: 866-367-9516
      Fax: 512-623-8098

      of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form found at https://www.findmyorder.com/store/findmyor/en_GB/DisplayRightOfWithdrawalPage, but it is not obligatory.

      To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

      Effects of Cancellation
      If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
      We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
      We will make the reimbursement without undue delay, and not later than:

      1. 14 days after the day we receive back from you any goods supplied, or
      2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
      3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

      We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

      Loss of the Cancellation Right
      For digital content which is not supplied on a tangible medium you will lose your cancellation right if the performance has begun with your prior express consent and your acknowledgment that you thereby waive your right of cancellation.

  18. TERMS APPLICABLE IN GERMANY

    If You are ordinarily resident in Germany the following provisions shall apply for You and shall take precedence over any provisions stated in the agreement above:

    1. You are not required to represent and warrant that You have read these provisions.
    2. The following paragraph shall replace Section 2(e):
      1. The Game may also require at least one Account Display Name and at least one Character ID that You might, in part, be allowed to select subject to restrictions imposed in the reasonable discretion of Carbine, including but not limited to the provisions of Section 5(e). You further acknowledge that Carbine may, in its reasonable discretion, choose to modify or to delete, or choose not to modify or not to delete, any Account Display Name, Team Name, or Character ID if You are not in compliance with the provisions in Section 4 below or any other provisions related to the foregoing. You additionally acknowledge that Carbine has no ongoing and/or future duty to You relating to a modified or deleted Account Display Name, Team Name, or Character ID.
    3. If the license granted under this agreement is terminated, whether the remaining provisions of this agreement remain in effect will depend on whether it is reasonable taking into account the overall effect of the termination of the license on You and Carbine.
    4. In addition to Section 3(b), You are entitled to receive a refund for any unused virtual currency that may not be used as a result of termination of this agreement by Carbine without You being in breach of this agreement.
    5. If You do not accept the provisions of this agreement, You may request a refund for the Game, if You were required to pay for it and if it was purchased from Carbine. Please note that by creating a Game Account You have to accept this agreement. If the Game was purchased from a third party, You should request a refund from that third party. Such refund may be subject to that third party’s refund policies. If You purchased the Game from Carbine and would like to issue a refund request from Carbine, such a request must be made to the Notice Contact and include Your name, address, contact information, a copy of Your receipt, any applicable serial code number / access key, and a reason for the refund request. After clicking "I ACCEPT" below, You may not request a refund for the Game based upon the requirement to accept this agreement in order to use the Service. If any other Section of this agreement references to Section 3(b), refunds can be applied for accordingly and are subject to the general statutes of limitation under German law. The amount of the refund is to be considered in each individual case, taking Your use of the Service into reasonable account. If You purchased unused virtual currency, You may also request a refund for such unused virtual currency. By claiming a refund under this Section You also terminate this agreement and will no longer be entitled to any services from Carbine hereunder.
    6. In addition to Section 4(b) the following shall be applicable:
      1. If an Account and/or the Service was provided without the requirement of the payment of a recurring fee upon Your acceptance of this agreement and Carbine in its discretion decides that access to such Account and/or Service will be subject to a required recurring fee, You may claim a reasonable refund in accordance with Section 3(b) for the Game should You be unwilling to accept such change. If Carbine changes the payment requirements which results in an increase in the amount that You are required to pay to continue using the Service or any Content that You have already purchased, You may claim a refund for the Game (and the refund terms under Section 3(b) shall apply accordingly) and/or for any unused purchased C.R.E.D.D. by sending a refund request to the Notice Contact should You be unwilling to accept such change.
    7. The following provision shall replace Section 4(c):
      1. In addition to any initial payment You may have made related to the Game, Carbine may provide subsequent versions, enhancements, modifications, upgrades or patches related to the Game. Carbine may in its reasonable discretion, require You to pay for the foregoing or to be making payments under Section 4(b). If such subsequent versions, enhancements, modifications, upgrades or patches are not provided for free and are mandatory to continue to use the Service You may request a refund under Section 3(b).
    8. In addition to Section 4(d)(iii) Carbine may only delete C.R.E.D.D. from the Account for Your fraudulent activities or failure to comply with this agreement, if such breach of contract would also entitle Carbine to terminate the agreement.
    9. Nothing in Section 6(b) shall be deemed to be a transfer of copyright, but only of rights of use under copyright. Notwithstanding Section 6(b), You grant to Carbine a non-exclusive, worldwide, and perpetual right to (i) use any content You post on a Carbine Message Board; and (ii) use any information, feedback or communication You provide to Carbine to be published within the scope of the Message Board or any other Service for which You intended to provide the content. You shall be entitled to remove any such content at any time on Your own and where this is not possible You may request from Carbine the removal of any such content within a reasonable period of time. The rights granted under this Section may be sublicensed to third parties that assist Carbine in providing the Service, in the operation of the Message Board or with any other issues connected with the Game. You shall not publish or provide any content that is encumbered with any third party rights.
    10. In case of the change of the privacy policy that grants Carbine additional rights to Your personal information, You may terminate this agreement if You do not agree to such changes and may be entitled to a refund under Section 3(b).
    11. Section 8(l) shall not be applicable.
    12. In addition to Section 9(b) any legal guardian of a minor that may use the Service shall be entitled to use the Service together with or without such minor.
    13. Nothing in Section 9(c) shall constitute a liability of the minor acting as an authorized representative of the adult. Section 9(c)(i) through 9(c)(vi) shall not be applicable. The adult shall be liable for the actions of the minor, where the adult authorized such actions or where the adult did not apply reasonable diligence in supervising the minor. The adult shall inform the minor about the rules of this agreement and shall not grant the minor any access to the Service where the minor does not duly understand these rules.
    14. Sections 11(a)(i), 11(a)(ii), 11(a)(iv), and 11(a)(v) shall not be applicable. Please be advised that if You have a history or patterns of behavior that would lead to use of the Game in an addictive or compulsive manner You should not use the Game.
    15. Sections 12(a) through 12(c) shall not be applicable. Carbine shall only be fully liable for damages if such damages were caused by gross negligence or intentional acts of Carbine, its employees, agents and officers; in the case of simple negligence Carbine is only liable for personal injury and death arising out of its negligence; and for breach of contractual obligations which You could trust not to be breached and which are essential to perform under this agreement and in this case only, liability is limited to the typical foreseeable damages. Your rights under the Product Liability Act remain unaffected. Where liability is excluded or limited, such exclusion or limitation shall also be extended to Carbine’s parent company, affiliates and subsidiaries and their respective employees, agents and officers.
    16. Section 13(a) shall only be applicable if You have caused those damages at least negligently. Section 13(b) shall not be applicable.
    17. Section 14(b) shall not be applicable.
    18. In deviation to Section 16(a) Carbine will inform You of any change of these provisions at least 30 days in advance and will inform You of Your right to refuse any modifications during such notice period. Carbine will also inform You of the consequences of Your refusal when informing You of the changes. If You accept the change or log-in into the Service after the end of the notice period, the modified provisions shall become applicable. Modifications may be based upon changes in the legal requirements, changes of the Game, its Content, or technical requirements.
    19. Section 16(e) shall not be applicable.
    20. Section 16(g) shall not be applicable. You and Carbine do not agree on any competent court. Both parties may bring claims before the competent courts under the applicable laws.