If you are residing outside of the Republic of Korea, these Terms of Service ("the Terms") govern the relationship between you ("User" or "You") and NOAHSYSTEM Corporation and its affiliates ("NOAHSYSTEM," "we," "us," "our," or "the Company") regarding your use of NOAHSYSTEM’s mobile and PC games ("NOAHSYSTEM Games") and related services. This includes, but is not limited to, the use of NOAHSYSTEM Games, participation in NOAHSYSTEM Games' online communities, or social network services provided through the NOAHSYSTEM Platform (collectively, the "NOAHSYSTEM Service").
For clarity, the NOAHSYSTEM Platform refers to the social network platform developed and operated by us alone or jointly with affiliates, which provides various social network services and information necessary for the User to enjoy the game. We have no responsibility or obligation for (a) the use of NOAHSYSTEM Games provided through the NOAHSYSTEM Platform or (b) NOAHSYSTEM Platform services related to such games.
Use of the NOAHSYSTEM Service is also governed by the NOAHSYSTEM Privacy Policy and NOAHSYSTEM Community Standards, which are incorporated into these Terms. We may collect and use your information as outlined in the Privacy Policy.
By downloading NOAHSYSTEM Games, accessing and/or using the NOAHSYSTEM Service, or creating an NOAHSYSTEM Account, you accept and agree to be bound by these Terms of Service, the NOAHSYSTEM Privacy Policy, and the NOAHSYSTEM Community Standards (collectively, the "NOAHSYSTEM Policy").
NOAHSYSTEM may, in its sole discretion, revise portions of this NOAHSYSTEM Policy at any time by posting or displaying the revised NOAHSYSTEM Policy on or within the NOAHSYSTEM Games, NOAHSYSTEM-branded websites, or the NOAHSYSTEM Platform. Your continued use of the NOAHSYSTEM Service constitutes your acceptance of such revisions. Unless otherwise specified, such revisions shall automatically be effective after initial posting.
By agreeing to this NOAHSYSTEM Policy, you represent that you are at least thirteen (13) years of age. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms of Service.
If you do not agree to any portion of this NOAHSYSTEM Policy, your sole remedy is to cease use of the NOAHSYSTEM Service and cancel any accounts you have created through the NOAHSYSTEM Service. If you violate these Terms of Service, NOAHSYSTEM reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the NOAHSYSTEM Service without notice.
NOAHSYSTEM owns, has licensed, or otherwise has the right to use all content and materials that appear as part of the NOAHSYSTEM Service, including but not limited to, designs, text, graphics, photographs, videos, information, applications, software, music, sound, and other files, User Accounts, Virtual Items, Virtual Currency, and their selection and arrangement, all of which are legally protected from unauthorized use. The entire contents of the NOAHSYSTEM Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
By using the NOAHSYSTEM Service, you agree not to modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell or otherwise exploit any content or materials that are part of the NOAHSYSTEM Service, in whole or in part, without NOAHSYSTEM's express prior written permission, except for your own User Content (as defined in Section 4.1) that you legally post on the site.
Any other use of copyrighted materials, including derivative use, requires the express prior written permission of NOAHSYSTEM. Any reproduction or redistribution of materials not in accordance with these Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. NOAHSYSTEM and/or its licensors remain the owners of rights, title, and interest, including but not limited to the copyrights and other intellectual property rights, in and to all materials posted by NOAHSYSTEM on the NOAHSYSTEM Service and the derivative works thereof.
You acknowledge that by using the NOAHSYSTEM Service or by accessing any materials posted by NOAHSYSTEM on the NOAHSYSTEM Service or any derivative works thereof, you do not acquire any ownership rights.
You acknowledge and agree that you have no ownership or other property interest in a Guest or NOAHSYSTEM Account (collectively, "Game Account"), and you further acknowledge and agree that all rights in and to the Game Account are and shall forever be owned by and inure to the benefit of NOAHSYSTEM.
NOAHSYSTEM grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the NOAHSYSTEM Service for your personal use only, subject to the terms of this NOAHSYSTEM Policy. Such license is subject to this Agreement and does not include: (a) any commercial use of the NOAHSYSTEM Service or the Materials therein; (b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any Materials; (c) modifying or otherwise making any derivative uses of the NOAHSYSTEM Service or the Materials, or any portion thereof; (d) downloading (other than page caching) of any portion of the NOAHSYSTEM Service, the Materials or any information contained therein, except as expressly permitted on the NOAHSYSTEM Service; or (e) any use of the NOAHSYSTEM Service or the Materials other than for their intended purposes.
You understand that Virtual Items and Virtual Currency are provided solely for your entertainment use, and that you have a limited license under this NOAHSYSTEM Policy and no ownership interest. The "Virtual Currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measure of the extent of your license.
Your use of the NOAHSYSTEM Service, including any forums made available, is strictly subject to your compliance with NOAHSYSTEM’s Community Standards. Your failure to abide by the NOAHSYSTEM Community Standards at all times shall constitute a violation of this Agreement, and may terminate the license granted herein.
NOAHSYSTEM prohibits and does not recognize any purported transfers of Virtual Items or Virtual Currency, or any things that appear in or originate from the NOAHSYSTEM Service, that occur outside the NOAHSYSTEM Service without NOAHSYSTEM's express authorization, or the "real world" sale, gift, or trade of anything that appears in or originates from the NOAHSYSTEM Service. Any such transfer or attempted transfer is prohibited and void, and may result in immediate suspension or permanent termination, at NOAHSYSTEM’s sole discretion.
If you use the NOAHSYSTEM Service without creating an NOAHSYSTEM Account, we will create and assign an identifier that is similar to an account number to your device ("Guest Account"). We use Guest Account information to provide customer support to Users who have not created an NOAHSYSTEM Account.
Please be aware that if you change your mobile device without creating an NOAHSYSTEM Account, you may not be able to use any Virtual Items or Virtual Currency purchased with real money or receive customer support.
We highly recommend creating an NOAHSYSTEM Account to:
When creating an NOAHSYSTEM Account, you may be required to provide NOAHSYSTEM with certain personal information. This information will be held and used in accordance with our Privacy Policy.
You are free to delete your NOAHSYSTEM Account at any time by logging into your NOAHSYSTEM Account and clicking the "Delete Account" button. You may also contact our customer support team to request deletion of your NOAHSYSTEM Account. We will use commercially reasonable efforts to respond to your request.
"User Content" means any communications, images, sounds, and all the material, data, and information that You or any other User uploads, submits, or transmits through the NOAHSYSTEM Service.
By transmitting, submitting, or posting any User Content while using the NOAHSYSTEM Service, you affirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code. You further represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.
You acknowledge and agree that you are solely responsible for any and all User Content you post or otherwise transmit through the NOAHSYSTEM Service. NOAHSYSTEM assumes no responsibility or liability for the conduct of any User submitting any User Content that may be illegal, or for the failure to monitor any User Content that may be inappropriate under the NOAHSYSTEM Policy.
You further acknowledge and agree that your personal information within such content will at all times be processed by NOAHSYSTEM in accordance with its Privacy Policy.
You hereby grant to NOAHSYSTEM a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sublicensable right and license to all User Content that you upload, submit, or transmit through the NOAHSYSTEM Service. This includes, without limitation, the right to sublicense and assign to third parties, and the right to copy, reproduce, fix, modify, adapt, improve, translate, reformat, prepare derivative works from, add to and delete from, rearrange and transpose, manufacture, distribute, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.
In the event you upload or otherwise transmit to NOAHSYSTEM any concepts, ideas, or feedback relating to NOAHSYSTEM’s products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and NOAHSYSTEM, and NOAHSYSTEM may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and NOAHSYSTEM.
To the extent that any such waiver is not prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You may revoke such license at any time by giving us written notice. In such case, NOAHSYSTEM will cease all use of your User Content within three (3) months after receiving notice from you.
You acknowledge and agree that NOAHSYSTEM may, at its sole discretion, refuse, decline to post, remove, or edit any User Content for any reason.
Some NOAHSYSTEM Games may be described as "free games" on the app marketplace description pages. While you may download and play such games for free, you may be charged real money for additional game content.
You acknowledge and agree that NOAHSYSTEM is under no obligation to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when a Game Account is closed, whether such closure was voluntary or involuntary.
The purchase of Virtual Currency is final and is not refundable, exchangeable, or transferable, except in NOAHSYSTEM's sole discretion.
You agree to pay all fees and applicable taxes incurred by you. NOAHSYSTEM may revise the pricing for the goods and services it licenses to you through the NOAHSYSTEM Service at any time.
You agree that under no circumstances will you, while using the NOAHSYSTEM Service:
Transmit, post, propagate, or otherwise make available any material or information that is abusive, threatening, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable or offensive.
Stalk, harass, threaten, or defraud any other NOAHSYSTEM Service User or any NOAHSYSTEM support team staff.
Use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper, or offline reader, or any other unauthorized third-party software, such as cheats, mods, or hacks, or any unauthorized third-party software designed to modify or interfere with or provide automated access or use to the NOAHSYSTEM Service.
Interfere with or disable any security-related features of the NOAHSYSTEM Service or any part thereof.
Damage, disable, overburden, or impair the NOAHSYSTEM Service, including but not limited to (a) transmitting, posting, propagating, or distributing anything that contains viruses, spyware, or other harmful materials with the intent to damage or interfere with the NOAHSYSTEM Service, or (b) attempting to interfere with the servers connected to the NOAHSYSTEM Service.
Improperly use NOAHSYSTEM's support services, including but not limited to submitting false abuse reports.
Falsely represent the source, identity, or content of information transmitted, posted, propagated, or otherwise made available through the NOAHSYSTEM Service.
Create a false identity or impersonate another person or entity, including but not limited to falsely indicating an identity as an NOAHSYSTEM official or representative, a board or community manager, another User or host, or a celebrity or public figure.
Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise derive any part of the source code, underlying ideas, or algorithms of the NOAHSYSTEM Service.
Modify any part of the NOAHSYSTEM Service without NOAHSYSTEM's prior written consent.
Transmit, post, propagate, or otherwise make available any content or information that may infringe any intellectual property rights or other proprietary or personal rights of any individual or entity, including without limitation, privacy and publicity rights.
Purchase, sell, trade, or advertise the sale of Virtual Currency or Items or Game Accounts for commercial purposes.
Transmit, post, propagate, or otherwise make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without NOAHSYSTEM's prior written consent.
Develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs, or other "cheat utility" software programs or applications in violation of the applicable License Agreements.
Exploit, distribute, or publicly inform other members of any game error, miscue, or bug that gives an unintended advantage.
Attempt to collect personal information of other Users of the NOAHSYSTEM Service or disclose such information.
Share the password of your NOAHSYSTEM Account or other information that allows another person to access your Game Account.
Access the Game Account of another NOAHSYSTEM Service User without permission.
Assist, allow, or encourage any party to engage in any of the activities listed above.
Use the NOAHSYSTEM Service in any manner that violates applicable law or regulation or is prohibited by the NOAHSYSTEM Policy.
| Category | Actions that bring restrictions | Consequences |
|---|---|---|
| Inappropriate Behavior | Slandering, using curse words and insulting other users on their physical traits, All acts that disturb other users from using the game services | 1st: 1-day restriction, 5th: Permanent restriction |
| Naming | Using inappropriate names that breach naming policy | 1st: Change without consent, 5th: Permanent restriction (Change without consent) |
| Impersonation | Deceiving other users for improper gains and/or impersonating the company or staff | 1st: 3-day restriction, 3rd: Permanent restriction. *Withdraw acquired Data (Game money, EXP, etc.) |
| Abusing | Abusing methods in the game repeatedly to acquire game money or EXP through unfair gameplay | 1st: 15-day restriction, 3rd: Permanent restriction. *Withdraw acquired Data (Game money, EXP, etc.) |
| Cash Trade | Attempting to and/or exchanging game accounts and/or game items and game money for cash or other objects | 1st: Permanent restriction. *Withdraw acquired Data (Game money, EXP, etc.) |
| Unauthorized Programs | Creating illegal programs unauthorized by the company and/or using illegal programs to abuse the game services | Permanent restriction. *Withdraw acquired Data (Game money, EXP, etc.) |
| Invalid Purchase | Making purchases by using a third party's credit cards and/or cell phones for game items and/or billing services | Permanent restriction (NOAHSYSTEM Platform)... |
※ Note: Depending on the severity of the issue, a Permanent restriction may apply even for the 1st violation, at NOAHSYSTEM's discretion.
NOAHSYSTEM may feature third-party advertisements or provide links to third-party websites or vendors on the NOAHSYSTEM Service, which may ask you to participate in promotional offers in exchange for receiving an optional component and/or benefit of the NOAHSYSTEM Service (such as Virtual Items or Virtual Currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. NOAHSYSTEM makes no representations or warranties regarding any content, goods, and/or services provided by any third party, and will not be liable for any claim relating to any third-party content, goods, and/or services. The linked sites are not under the control of NOAHSYSTEM and may collect data or solicit personal information from you. NOAHSYSTEM is not responsible for their content, business practices, or privacy policies, or their collection, use, or disclosure of any information they may collect.
We may send Local or Push Notifications to your mobile device to inform you of game updates, promotional events, new game information, and other relevant messages related to the game services. You can manage the Push Notifications in the in-game "Options" or "Settings" page of the respective game. You can also manage them from your device's settings page.
We may also send emails to your email account to inform you of game updates, promotional events, new game information, and other relevant messages related to the game services. Please contact us if you do not want to receive our email notifications.
We will not send SMS notifications to your mobile device unless we have obtained active express consent from you in compliance with applicable laws or regulations.
We will not send any marketing notifications without your prior consent, in compliance with applicable data protection laws.
The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under U.S. copyright law have been infringed by the acts of third parties over the internet.
If you believe in good faith that any materials in NOAHSYSTEM Games, the NOAHSYSTEM Platform, or NOAHSYSTEM-branded websites may infringe your copyrighted works under such copyright law, you may provide a Notification of Infringement to NOAHSYSTEM's Designated Agent set forth below. To be effective, your Notification must include the following information:
(a) Reasonably sufficient detail to enable us to identify the copyrighted work claimed to be infringed and the material claimed to be infringing. (b) Your contact information, including your address and email address. (c) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. (d) A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (e) Your physical or electronic signature.
NOAHSYSTEM's Designated Agent's contact information is: NOAHSYSTEM, Inc. Attn: Legal Team/Designated Agent Address: [Insert legal headquarter address of NOAHSYSTEM or the respective service] Email: [Insert email address for legal inquiries]
If your User Content or other information has been removed by a Notification of Infringement as set forth above, you may send a Counter Notification to NOAHSYSTEM's Designated Agent that includes the following information:
(a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled. (b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. (c) Your name, address, and email address. (d) Your physical or electronic signature.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or activity is not infringing the copyrights of others.
You are solely responsible for your interactions with other Users of the NOAHSYSTEM Service. We may, in our sole discretion, attempt to mediate disputes between Users, but we are under no obligation to become involved in any way with such disputes.
If you have a dispute with any other User of the NOAHSYSTEM Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential), damages for loss of profits, goodwill, use, or data, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
NOAHSYSTEM may limit, suspend, or terminate your use of the NOAHSYSTEM Service and/or Game Account if it has reasonable grounds to believe that you have failed to comply with any portion of the NOAHSYSTEM Policy under the NOAHSYSTEM Community Standards. For the avoidance of doubt, the NOAHSYSTEM Community Standards apply to all Users of the NOAHSYSTEM Service, including those without an NOAHSYSTEM Account.
NOAHSYSTEM reserves the right to stop offering and/or supporting the NOAHSYSTEM Service or a particular game or part of the NOAHSYSTEM Service at any time, either permanently or temporarily, at which point your license to use the NOAHSYSTEM Service or a part thereof will be automatically terminated or suspended. In such event, NOAHSYSTEM is not required to provide refunds, benefits, or other compensation to Users in connection with such discontinued elements of the NOAHSYSTEM Service.
You expressly acknowledge and agree that use of the NOAHSYSTEM SERVICE is at your sole risk and is provided on an "AS IS" and "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
Without limiting the generality of the foregoing, NOAHSYSTEM, its directors, employees, agents, third-party content providers, NOAHSYSTEM PLATFORM partners, distributors, licensees, or licensors (collectively, the "NOAHSYSTEM Parties") shall not be responsible or liable for any of the following: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the NOAHSYSTEM Service; (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the NOAHSYSTEM Service; (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the NOAHSYSTEM Service by any third party; and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the NOAHSYSTEM Service.
You acknowledge and agree that, to the maximum extent permitted by applicable law, the disclaimers of liability contained herein apply to any damages or injury caused by or related to use of, or inability to use, the Service under any cause of action or theory of liability of any jurisdiction, including, but not limited to, actions for breach of warranty, breach of contract, or tort (including negligence), and that the NOAHSYSTEM Parties shall not be liable in any way for any indirect, incidental, special, punitive, or consequential damages, including, but not limited to, damages for loss of profits, goodwill, or data, arising in any way out of the use of or inability to use the Service.
You further acknowledge and agree that the NOAHSYSTEM Parties, their directors, officers, agents, contractors, partners, and employees, are not liable for the actions of third parties (including other Users of the Service and operators of external sites), and that you bear the entire risk of injury from the Service and external sites and the foregoing, and that you agree not to seek to hold the NOAHSYSTEM Parties liable for such actions.
To the extent permitted by applicable law, the NOAHSYSTEM Parties shall not be liable to you for any amount in excess of the amount you have paid to NOAHSYSTEM in the one hundred eighty (180) days immediately preceding the date on which you first assert any such claim.
You agree to indemnify and hold harmless the NOAHSYSTEM Parties from and against any and all claims, losses, damages, or liabilities, including legal fees and costs, arising from (a) your use or misuse of the NOAHSYSTEM Service, (b) any violation by you of the NOAHSYSTEM Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.
NOAHSYSTEM will notify you of any matter that you indemnify NOAHSYSTEM against by notifying you of its intention to take over the defense. You shall use your best efforts to cooperate with NOAHSYSTEM in its defense of these claims.
The laws of the Republic of Korea (excluding its conflicts of law principles) will govern all matters arising out of or relating to this NOAHSYSTEM Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply. For any claims not subject to binding individual arbitration, you and NOAHSYSTEM agree to submit to the exclusive jurisdiction of the courts of the Republic of Korea, and you and NOAHSYSTEM consent to venue in and personal jurisdiction before the Seoul Central District Court.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
If you have a dispute with NOAHSYSTEM that our customer service representatives can’t resolve, you must first notify us in writing at the following email address: [Insert Legal Inquiry Email Address], using the subject line “Notice of Dispute.” Your Notice of Dispute must be individual to you and must include, as applicable, your name, the email address, and your residential address. The Notice of Dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell NOAHSYSTEM what you want us to do to resolve the problem.
Binding Arbitration and Class Action Waiver. If you and we cannot resolve the dispute informally within sixty (60) days upon receipt of a properly submitted individualized Notice of Dispute, you and we agree to binding individual arbitration before the Korean Commercial Arbitration Board ("KCAB") in Seoul under its Arbitration Rules, and not to sue in court in front of a judge or jury. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
Disputes Covered ? Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us that in any way relates to or arises from your use or attempted use of the NOAHSYSTEM Service and all matters relating to or arising from this Agreement, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence or, if a business, your principal place of business.
Opting Out. You have the right to opt-out of this Dispute Resolution clause by personally signing and sending us notice by email to [Insert Legal Inquiry Email Address]. The notice must be sent within 30 days of the date on which you first accessed the NOAHSYSTEM Service after these terms were last updated (unless a longer period is required by applicable law); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Dispute Resolution clause. If you opt-out of this Dispute Resolution clause, NOAHSYSTEM also will not be bound by it.
Improperly Filed Claims. Any claim filed or brought contrary to this Section 13.2 shall be deemed to have been improperly filed. If you improperly file a claim, NOAHSYSTEM shall be entitled to recover up to $1,000 in attorneys’ fees and costs provided that NOAHSYSTEM has written notice of the improperly filed claim and you fail to promptly withdraw the claim.
The NOAHSYSTEM Policy constitutes the entire and exclusive understanding between you and NOAHSYSTEM relating to your use of the NOAHSYSTEM Service and supersedes all prior understandings of the parties hereto.
Any translation of the English version of the NOAHSYSTEM Policy is provided for informational purposes only and does not modify the English version of the NOAHSYSTEM Policy. In the event of a conflict between the English version of the NOAHSYSTEM Policy and any translation thereof, the English version of the NOAHSYSTEM Policy will control.
The failure of NOAHSYSTEM to require or enforce strict performance of any provision of this NOAHSYSTEM Policy or to exercise any right under these Terms shall not be construed as a waiver or relinquishment of NOAHSYSTEM's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall remain in full force and effect. The express waiver by NOAHSYSTEM of any provision, condition, or requirement of this NOAHSYSTEM Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
NOAHSYSTEM shall not be liable for any delay or failure to perform under the NOAHSYSTEM Policy resulting from causes beyond the reasonable control of NOAHSYSTEM, including, without limitation, any failure to perform under the NOAHSYSTEM Policy due to unforeseen cause beyond NOAHSYSTEM's reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, changes in law or administrative rules, fire, floods, network infrastructure failures, cyber-crimes, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If any portion of this NOAHSYSTEM Policy is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
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