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The following Agreement of Usage outlines the rights and responsibilities between Ongameport and its players, with the purpose of conflict-free management of service. |
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Ongameport, Inc. offers to allow
you to play its internet based Full 3D MMORPG "@nother
Life - Oz" (hereafter "Oz") conditioned on your
agreement to all of the terms and conditions contained in this
Agreement. Your use of Oz constitutes your agreement to all
such terms and conditions.
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2. Effectuation
and Expiration of Agreement |
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1) To confirm your agreement, you
should click on the "I Agree" button at the end of
this Agreement. If you do not so agree, you should click on
the "I Do Not Agree" button at the end of this Agreement,
in which case you reject the offered terms of use and will not
be permitted to play Oz.
2) This Agreement becomes effective when you click on the
"I Agree" button, and remains effective unless your
membership is cancelled or terminated.
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This User agreement (the "Agreement")
comprises the entire agreement between Oz and the User, and
supersedes any prior agreements between the User and Oz with
respect to the subject matter hereof. This Agreement does not
supersede any additional terms and conditions of which User
is notified by Oz and/or which may apply when using third party
content or services. Oz may amend or revise this Agreement at
any time and at its sole discretion, and such amendment or revision
shall be effective upon posting of such revised agreement on
the Oz web site (the "Web Site"). User hereby agrees
to review this Agreement by accessing the Web Site periodically
to become aware of any such revisions. If any revision is unacceptable
to the User, the User may terminate the Agreement hereof. Continued
use of the Services following the posting of the revised Agreement
shall be deemed to be acceptance of all such revisions.
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1) "Intellectual Property"
shall mean all patents, designs, utility models, copyrights,
know-how, trade secrets, trademarks, service mark, trade dress
and any other intellectual property rights in or related to
the Game or Technical Information.
2) "Technical Information" shall mean the software,
know-how, data, test result, layouts, artwork, processes,
scripts, concepts and other technical information on or in
relation to the Game and the installation, operation, maintenance,
service and use thereof.
3) "User Account" shall mean the game information
and personal information including user's ID that is managed
in order to use Oz's Service.
4) "ID" shall mean a combination of letters and
numbers that users create in order to use the Service and
Oz authorizes to differentiate users.
5) "Password" shall mean a combination of letters
and numbers that a user creates in order to verify him/herself
and protect his/her rights.
6) "Game Character ('Character')" shall mean game
information that user selects and controls in the game
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5. Description of
Service |
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Oz offers Oz Online as an online
fantasy role-playing game service accessible (the "Service")
through the internet at "http://Oz.ongameport.com"
(the "Web Site").
Oz reserves the right to change the URL address of the Web Site
at any time and from time to time.
To use the Service, you will need to install the software which
Oz makes available from the Web Site (the "Software").
Anyone desiring to use the Service is required to establish
an account with Oz (the "Account"). Oz does not provide
Internet access, and you are responsible for all fees associated
with your Internet connection.
The Web Site located at ¢®¡Æhttp://Oz.ongameport.com¢®¡¾ is an active
part of the Service and any use of the website is governed by
the same Terms of Agreement.
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6. User Registrations
Obligations and Security |
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In order to use the Service, you
are required to complete a registration form containing your
first and last name, nationality, address, e-mail address, a
user name and a password. In consideration of the use of the
Service, you agree to provide true, accurate, current and complete
information about yourself as submitted in any registration
form on the Service and to maintain up-to-date information which
is true, accurate, current and complete at all times by making
changes, additions or deletions to your User profile, as required.
If any information provided is not true, accurate, current or
complete, or Oz has reasonable grounds to suspect that the information
is untrue, inaccurate, not current or complete, then Oz shall
have the right to suspend or terminate your right to use the
Service and refuse to provide any current or future Service
to you. You acknowledge that Oz reserves the right to refuse
to grant you a user name that is already in use, may be illegal,
may be protected by trade-mark or other proprietary interest,
is obscene or profane or otherwise determined by Oz, in its
sole discretion, to be inappropriate. You agree to be responsible
for all acts and omissions that occur in connection with your
password. You agree to keep your password confidential and to
notify Oz if you believe that the security of your password
has been compromised. You acknowledge that Oz does not protect
you from the unauthorized use of your password. 1) Eligibility
Accounts are available only to individuals in all ages. Only
one person may use an Account. The registered user of an Account
may use the Account or may choose instead to permit a minor
child of the registered user to use the Account. You are liable
for all activities conducted through your Account, and parents
or guardians are liable for all activities of their minor
child conducted through the Account.
2) Account ID At the time your Account is opened, you must
choose a name to identify yourself to Oz staff (your "Account
ID"). You may not select as your Account ID the name
of another person, or a name which violates any third party's
trademark right, copyright, or other proprietary right, or
which Oz deems in its discretion to be vulgar or otherwise
offensive. Oz reserves the right to delete, or to change,
any vulgar or otherwise offensive Account ID. You have sole
liability for all activities conducted through your Account
or under your Account ID.
3) Passwords At the time your Account is opened, you must
select a password. You are responsible for maintaining the
confidentiality of your password and you are responsible for
any harm resulting from your disclosure or allowing the disclosure
of your password or from use by any person of your password
to gain access to your Account and Account ID. At no time
should you respond to an online request for a password. Oz
will never ask for your password offline or online, except
that you will be required to enter your password as part of
the log-on process.
4) Character Name In order to use the service, you must
create a character and choose a name for your character to
identify your character to other Members (your "Character
Name"). You may not select as your Character Name the
name of another person, or a name which violates any third
party's trademark right, copyright, or other proprietary right,
or which may mislead other Members to believe you to be an
employee of Oz, or which Oz deems at its sole discretion to
be vulgar or otherwise offensive. Oz reserves the right to
delete, or alter any vulgar or otherwise offensive Character
Name.
5) Ownership The Account that user uses to access the Service,
the character and items that Oz stores in the server, and
other data that the server or account may have is not the
property of the user but Oz.
6) Former Members. Members whose Accounts have been terminated
by Oz may not access the Service in any manner or for any
reason, including through any other Account, without the express
written permission of Oz.
7) Related Accounts. If Oz terminates an Account, Oz may
terminate any other Accounts that share the same member name,
phone number, email address, postal address, Internet Protocol
address, or credit card number with the terminated Account.
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You agree to indemnify, defend and
hold harmless Oz and its subsidiaries and affiliates and their
respective directors, officers, shareholders, employees, agents,
Service Provider Customers, clients and contractors from and
against any loss, claim, demand, cost and expense (including
reasonable legal fees) asserted by any third party due or arising
from or in connection with your use of or conduct on the Service,
your Content, your violation of the Terms of Agreement or your
violation of any rights of another User. Oz reserves the right
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, which shall not excuse your
indemnity obligations.
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Either you or Oz may terminate your
Account at any time without further obligation to the other.
Further, Oz reserves the right to terminate the Service at any
time without further obligation to you. if the service or your
account is terminated or cancelled at any time for any reason,
you agree to the following: (1) you will lose any characters
developed or items accumulated and you will not have the right
to transfer, sell or assign any characters or items to anyone
else; (2) you may not access the service in any manner or for
any reason, including via any other account. In the event that
an account is terminated, Oz may terminate any and all other
accounts that share the member name, phone number, email address,
internet protocol address or credit card number with the terminated
account; (3) we may terminate this Agreement (including your
Account) immediately and without notice if you breach this Agreement
or willfully infringe any third party intellectual property
rights, or if we are unable to verify or authenticate any information
you provide to us, or upon game play, chat or any player activity
whatsoever which is, in our sole discretion, inappropriate and/or
in violation of the spirit of Oz Online as described in Section
14. If we terminate this Agreement under any circumstances,
you will lose access to your Account for the balance of any
prepaid period without any refund.
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Parents may find it inappropriate
for use by persons under the age of 13. While Oz may choose
to monitor and take action upon inappropriate game play, chat
or links to the Service, it is possible that at any time there
may be language or other material accessible on or through the
Service that may be inappropriate for children or offensive
to some users of any age. Oz cannot ensure that other players
will not provide Content or access to content that parents or
guardians may find inappropriate or that any user may find objectionable.
Oz does not as a matter of policy pre-screen the content of
the materials or communications transmitted by each player.
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10. Limitation
of Liability |
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USER ACKNOWLEDGES THAT Oz SHALL
NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY Oz OR ITS
CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT,
COMMUNICATION OR CONTENT OF THE SERVICES. Oz SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH
THE SERVICES OR ANY PRODUCT PROVIDED BY Oz. Oz'S ENTIRE LIABILITY
AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES
AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR Oz SERVICES
WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY Oz SERVICES
SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID
BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE
VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY.
Oz'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT
IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER
TO ACCESS AND USE THE SERVICES. |
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The personal information you provide
us during registration is used for our internal purposes only.
We use the information we collect to learn what you like and
to improve the Service. Except as otherwise expressly permitted
by this Agreement or as otherwise authorized by you, we will
not give any of your personal information to any third party
without your express approval. We do not guarantee the security
of any of your private transmissions against unauthorized or
unlawful interception or access by third parties. We can (and
you authorize us to) disclose any information about you to private
entities, law enforcement agencies or government officials,
as we, in our sole discretion, believe necessary or appropriate
to investigate or resolve possible problems or inquiries, or
as otherwise required by law. If you request any technical support,
you consent to our remote accessing and review of the computer
you load the Software onto for purposes of support and debugging.
You agree that we may communicate with you via email and any
similar technology for any purpose relating to the Service,
the Software and any services or software which may in the future
be provided by us or on our behalf. You agree that Oz cannot
be held responsible or liable for anything that occurs or
results from accessing or subscribing to the Oz Online service.
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12. Disclaimer
of Warranties |
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YOU EXPRESSLY AGREE THAT THE SERVICE
AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. Oz AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY OR OTHER VIOLATIONS OF RIGHTS. Oz AND ALL SERVICE PROVIDER
CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. Oz AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE
ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT
MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR
THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS. Oz MAKES NO WARRANTY THAT DEFECTS IN
ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER
THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL
AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF
SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Oz OR ANY SERVICE PROVIDER
CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
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13. Interruption
of Service |
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1) Oz reserves the right to interrupt
the Service from time to time on a regularly scheduled basis
or otherwise with or without prior notice in order to perform
maintenance. 2) You acknowledge that the Service may be
interrupted for reasons beyond the control of Oz, and Oz cannot
guarantee that you will be able to access the Service or your
Account whenever you may wish to do so. Oz shall not be liable
for any interruption of the Service, delay or failure to perform
resulting from any causes beyond its reasonable control.
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1) User may not engage in any conduct
or communication while using the Services which is unlawful
or which restricts or inhibits any other User from using or
enjoying the Services. User agrees to use the Services only
for lawful purposes. Oz reserves the right to terminate the
User's usership if it determines, in its sole discretion, that
the User has engaged in unacceptable conduct. The list of prohibited
conduct set forth in Subsection
2) below provides examples of unacceptable conduct, which
list is not exhaustive, and Oz reserves the right, but not
the responsibility, to restrict conduct which Oz deems, in
its sole discretion, to be harmful to individual users, damaging
to the Services, or in violation of Oz's or any third party's
rights. Oz may prohibit or delete conduct, communication or
content transmitted on Oz services that is deemed to be in
violation of applicable laws or is harmful to other users,
the Oz service community or the rights of Oz in general. User
acknowledges, however, that communication over the Services
often occurs in real-time and Oz cannot, and does not intend
to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO:
a) Harass, threaten or embarrass another User of the Services
or to cause distress, unwanted attention or discomfort of
such User, or any other person or entity. Oz does not condone
harassment in any form and may suspend or terminate the account
of any User who harasses others. Personal attacks, such as
those based on a person's race, national origin, ethnicity,
religion, gender, lifestyle choice, disablement or other such
affiliation, are strictly prohibited.
b) Post or transmit sexually explicit images, or point or
reference to such images. Oz prohibits the transfer or posting
of sexually explicit images or other content deemed offensive.
c) Transmit any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable content. If User engages
in vulgar or abusive language online, even if masked by symbols
or other characters, or engages in other impermissible behavior,
the User may receive a warning, or be temporarily or permanently
excluded from one or more games, bulletin boards, chat areas,
or the User's usership may be terminated immediately and the
User may be subject to civil liability and/or prosecution
by law enforcement authorities.
d) Scroll or carry out any action with a similar disruptive
effect. "Scrolling" is defined as repeatedly causing
the screen to roll faster than Users are able to type onto
it.
e) Impersonate any person, including, but not limited to,
Oz's employees, monitors or hosts. User shall not hold himself
or herself out or portray himself or herself as a Oz staff
user or employee while engaging in all forms of online communication,
including, but not limited to, user names, user profiles,
voice, text or graphic chat, message postings or any form
of communication on line. Impersonation of Oz staff shall
be grounds for immediate account termination.
f) Engage in "disruptive behavior" in chat areas,
game areas, bulletin boards, or any other area of the Services.
Disruptive behavior shall be deemed to include, but will not
be limited to, conduct which purposefully interferes with
the normal flow of dialogue in a Service area. Disruptive
behavior shall also include, but not be limited to, commercial
postings, solicitations and advertisements.
g) Post or transmit chain letters or pyramid marketing schemes.
This type of material places an unnecessary load on the Services
and is considered a nuisance by many users. Certain types
of chain letters and pyramid schemes are also illegal. Such
prohibited conduct includes, but is not limited to, the transmission
of letters or messages which offer a product or service and
which are based on the structure of a chain letter.
h) Posting or transmitting unsolicited advertising, promotional
materials, or other forms of solicitation. Oz services are
not to be used to send unsolicited advertising, promotional
material, or other forms of solicitation to other users. User
may not use Oz services to collect or "harvest"
user names without the express permission of those users.
Oz reserves the right to block and/or filter mass email solicitations
on or through the service.
i) Violate any operating rule, policy or guideline of any
other online service. User further agrees to abide by the
rules of the User's Internet service provider.
j) Violate, intentionally or unintentionally, any applicable
local, state, national or international law or regulation.
11) Modify any files that Oz does not specifically authorize
User to modify. Use of material, which is subject to the rights
of any person or entity without the express permission of
such rights holder, is prohibited, and will result in the
termination of the User's usership and possible civil and/or
criminal liability.
k) Posting to many bulletin boards at once and/or sending
multiple unsolicited emails to a single address, sometimes
referred to as "spamming," is prohibited. Oz may
take action on a User's account if any of the following offenses
is reported: (a) Posting a similar or identical message to
more than 5 bulletin boards; (b) Sending unsolicited mail
to more than 30 people or (c) Sending more than two(2) unsolicited
emails to a single email address. Repeated spamming will result
in account termination. In certain situations, the overall
pattern of behavior on an account or a set of linked accounts
may be determined to be disruptive or abusive, even if no
one single act clearly violates any specific policy. In such
cases, Oz reserves the right to determine what patterns of
behavior are defined as "high-maintenance" or "disruptive"
and may take action against the account(s), ranging from a
simple request to moderate the high-maintenance behavior,
to total lockout of all linked accounts.
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15. Intellectual
Property |
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Oz, including, without limitation,
all communication features of Oz contains copyrighted material,
trademarks and other proprietary information including, without
limitation, text, software, photographs, video, graphics, music
and sound, and the entire contents of Oz and each area contained
therein are copyrighted as a collective work under the Republic
of Korea copyright laws. Oz owns a copyright in the selection,
coordination, arrangement and enhancement of such content. User
may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any
of the content contained on Oz (including, without limitation,
content that the Website enables you to download) without the
express written permission of Oz and the copyright owner. In
the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author
attribution, trademark, legend or copyright notice shall be
made. The downloading of copyrighted material from Oz is allowed
by the user expressly for the user's own use. User acknowledges
that Oz and/or third-party content providers remain the owners
of all materials posted on Oz, and that the user does not acquire
any of those ownership rights by downloading copyrighted materials.
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The failure of Oz or the Service
Provider Customer to exercise its rights or insist upon the
performance of the user's obligation hereunder shall not constitute
a waiver or relinquishment of those or any other rights under
these Terms of Agreement. If any provision of the Terms of Agreement
is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor
to give effect to the parties intentions as reflected in the
provision and the other provisions of the Terms of Agreement
shall continue to be binding on and remain in full force and
effect. The Terms of Agreement, together with any separate written
or online agreement between you, Oz and/or the Service Provider
Customer (including but not limited to the Mature Content Agreement
if applicable to you) constitute the entire and only agreement,
and supersedes any prior agreements between you, Oz and/or the
Service Provider Customer, (including, but not limited to all
prior versions of the User Agreement, General Terms of Use,
and Terms of Agreement, where applicable). The Terms of Agreement
and the relationship between you, Oz and/or the Service Provider
Customer shall be governed by and construed in accordance with
the laws of the Republic of Korea, and such parties agree to
submit to the jurisdiction of such courts. You agree that
regardless of any statute or law to the contrary, any action,
suit or proceeding arising out of or related to the use of
the Service or to the Terms of Agreement must be commenced
within 1 year after such claim or cause of action arose or
be forever barred. Section titles in the Terms of Agreement
are for convenience only and have no legal or contractual
effect or significance. It is the express wish of the parties
that the Terms of Agreement and all related documents have
been drawn up in English.
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Please report any violations of
the Terms of Agreement to our compliance department by e-mail
at the GM mailing service on the official website. I have read
and understand the foregoing Terms of Agreement and agree to
be bound by all of its terms. For Articles above, it will be
changeable without notice when deemed necessary.
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