(END USER LICENSE AGREEMENT)
END USER LICENSE AGREEMENT IS A LEGAL APPROVAL BETWEEN YOU (USER) WITH PT WHIM MANAGEMENT INDONESIA and its affiliates (HEREINAFTER REFERRED TO AS “NOCTUA”). BY PRESSING “AGREE” / ”REGISTER” ,YOU HAVE AGREED TO FOLLOW THE ENTIRE REGULATIONS AND CONDITIONS DETERMINED BY NOCTUA.
By agreeing this End User License Agreement (hereinafter referred to as “Agreement”) , you (hereinafter referred to as “User”) legally agree to comply with all applicable regulations for all content / services provided. All Elements ( picture , story , information and character ) which relate to the content / service provided by NOCTUA , which is a part of NOCTUA's copyright and NOCTUA’s business partners. By using the content / services provided by NOCTUA, User automatically approves the rules and approvals set by NOCTUA. User will not be able to claim that this Agreement is invalid and/or require this Agreement to be withdrawn because of the reason you have not read this Agreement.
- User understands and agrees that intellectual property rights (including but not limited to the rights of publication and service operations) are fully owned by NOCTUA. User may not modify, interpret, share, or reverse the technology and/or programs related to the NOCTUA Service in any way that may reduce such proprietary rights without permission.
- NOCTUA reserves the right to revise and amend this Agreement at any time. User are required to always check the official website of NOCTUA provided periodically to view and review any changes to this Agreement.
- NOCTUA can change, modify, suspend or terminate part and / or all of the content / the Service or the official website after publishing the announcement with the aim of improving the quality of the Service without prior notice and without responsible and / or paying any compensation to User.
- User must register through the official website with filling the data accurately and correctly. NOCTUA is not responsible for any problems arising in the future as a result of incomplete and incorrect registration of registration data.
- User is not allowed to use other User Account , with or without knowledge from that legal User holder.
- NOCTUA reminds that for User’s account safety, User has responsibility to keep and maintain the security and confidentiality of account and password. The User is fully responsible for all activities carried out on behalf of the registered account, including but not limited to any legal liability that may arise from any appearance or change of User information. Responsibility for the confidentiality of account and password are entirely within User itself. NOCTUA have no responsibility for any data changing on USER ID caused by hacking, cracking or other forms of Service abuse.
- If User wants to change personal information (registration code, email, secret code), then User is obligated to change it through the official website and or through any other way provided by NOCTUA. NOCTUA is not responsible for any problems and / or claims of any party arising from registration on behalf of another person and / or inaccurate information delivering by User.
- NOCTUA is not responsible for any losses incurred due to incorrect information on the Services, websites or forums submitted or provided by User.
- NOCTUA is obligated to maintain the confidentiality of all User's personal information and data. NOCTUA does not provide such information to any parties except NOCTUA's business partners in providing content / Service to the User.
- If there are any problems caused by disruption of Service or Service that are unsatisfactory due to limitations or lack of facilities, then NOCTUA reserves the right to restrict the Service to the User until the problem is resolved without responsible and / or paying any compensation to the User.
- All elements (goods, items, characters) in NOCTUA Service are fully owned by NOCTUA. Any purchase and use of such elements is NOT an endorsement of the User's property, but ONLY is the right to use and use as long as the User uses the Service.
- If there is any problem with the Service provided, then NOCTUA shall be obliged to inform the repair schedule to the User through the official website of NOCTUA. User is entitled to provide information and / or complaint if it finds a problem from the Service, in a way or channel provided by NOCTUA.
- User is not allowed to make any business or commercial by utilizing NOCTUA Service, either on an individual or group scale, unless it has obtained permission from NOCTUA, include but not limited to:
- Buying and / or selling NOCTUA account using real money.
- Buying and / or selling digital currencies or items in the game using real money.
- Produce, sell, and / or buy physical products that use NOCTUA’s and game intellectual property.
- NOCTUA has the right to block, remove and / or take explicit action against User account if such User has committed the following actions :
- Use the account , character name, and or guild name with dirty words, abusive, disrespectful, obscene, and / or offensive to ethnicity, religion, race and intergroup.
- Use the account , character name, and / or guild resembling to the NOCTUA’s General Manager , Operator, Management and / or Staff with any intent and / or purpose.
- Defamation and / or spreading rumors / news that corners, pollutes and / or discredit NOCTUA’s General Manager, Operator, Management and or Staff with any intent and / or purpose.
- Investigate, scan, test and exploit weaknesses of system (bugs, flaws, errors) and / or illegal software programs (third-party, illegal software) either intentionally or unintentionally with any intent and/or purpose.
- To conduct reverse engineering, reverse assembly, compilation or otherwise attempt to locate the source code of the NOCTUA Service software.
- Spreading malicious programs or viruses and performing other actions that interfere with and interfere with the normal operation of the Service.
- Defamation and / or threatening other User physically and mentally in the Service.
- Doing hacking and/or cracking against account and/or other User passwords.
- Creating fake reports on behalf of hacking, cracking and / or fraud.
- Committing money laundering and/or all types of elements (goods, items, characters) against and/or together with other User. Become a reseller, recipient, and / or receiver of hacked items from other Users, either intentionally or unintentionally with any intent and/or purpose.
- Trading any data or information that violates the privacy of other User.
- Collect and / or organize other User to engage in activities disrespectful, inappropriate, abusive, obscene or offensive to the ethnicity, religion, race and intragroup.
- Abusive, joking rudely, and / or other unpleasant deeds that have caused inconvenience other User.
- In any case, NOCTUA has reason to believe that the User's actions violate or may violate any of the above-mentioned violations, NOCTUA can independently assess and handle the situation, and has the right to terminate the Service to the User and the User will be responsible for such action.
- NOCTUA does not advise, not recommend, and shall not be liable for any actions, claims, and / or losses caused by:
- Trading accounts and / or Passwords.
- Trading in Game Currency or any Elements (goods , items , character) obtained from the NOCTUA’s Service using Rupiah or other currencies (Real Money Trading).
- Trading any elements (Goods, Items , Character) with any method.
- Register account by providing inaccurate, incomplete, incorrect and unclear information.
- Sharing account and element Service (goods, items, character) to other User.
- For situations where User have connection problems / lag and resulting in loss of User), NOCTUA is not responsible for giving any compensation.
- NOCTUA reserves the right to restrict and / or discontinue Service caused by national emergencies, natural disasters, termination of employment / agreements with NOCTUA business partners, etc.
- NOCTUA is not responsible to the User or responsible to pay any compensation for Service elements (goods, items, characters) termination caused by the following:
- National emergency ((including but not limited to other risks or losses that may arise from government regulations, national policies. terrorist attacks, war, natural disaster) and / or termination / expiration of contract with NOCTUA partners and others that are beyond the capability of NOCTUA.
- User Error, whether intentional or unintentional.
- Problems arising from third party service failures, including but not limited to power outages, technical adjustments to the telecommunications sector, viruses, hacking, etc.
- Cash, account number and item elements obtained in the Service are the responsibility of the User. All forms of loss and/or transaction based on provision No.15 cannot be returned in any form of compensation.
- User can extend the validity of Cash by buying and refilling. If the validity period of Cash has expired and is not replenished within 1 (one) year, then NOCTUA reserves the right to delete the User account without any notice.
- If the Cash amount entered is not in accordance with the nominal value specified, then the excess Cash is not refundable in any form.
- When the validity period of the Service expires, the remaining nominal Cash which is not used in the User's account cannot be returned in any form.
- NOCTUA is not responsible if there is an error and / or loss suffered by the User in the process of sending Cash by the User itself.
- User agrees to indemnify NOCTUA's management, staff and business partners from claims and losses arising from actions, conduct, and other matters both within the Service and the NOCTUA's official website.
- NOCTUA is not responsible for compensating for the loss of free Service elements (goods, items, characters) provided.28. NOCTUA is not responsible for resolving conflicts between User and any third party. NOCTUA is also not responsible for providing any compensation incurred by this.
- If there is a dispute regarding the Agreement between the Parties which cannot be resolved amicably then the dispute will be resolved through arbitration based on the rules of the Indonesian National Arbitration Board (“BANI”) which is located at Wahana Graha Lantai 1 dan 2, Jl. Mampang Prapatan No. 2, Jakarta, Indonesia. The arbitral tribunal must consist of 1 (one) arbitrator, who will be appointed by the Parties by mutual agreement, whose decision is final and binding on the Parties. The arbitration will be conducted in Indonesian Language. The seat of the arbitration is Jakarta, Indonesia. BANI’s arbitration decision is final and binding on the Parties.
I HEREBY REPRESENT TO HAVE READ AND UNDERSTAND ALL RULES AND CONDITIONS SET FOR NOCTUA. THE USE OF NOCTUA SERVICE BY THE USER SHALL BE DEEMED AS THE USER’S APPROVAL AND ACCEPTANCE FOR THIS AGREEMENT.