1. Acceptance of the Terms
By accessing, registering on, or connecting to New Xenesis (hereinafter, “the Server”), you expressly and unconditionally accept these Terms and Conditions. If you disagree with any of them, you must stop using the service and uninstall any related software immediately.
2. Nature of the Project and Intellectual Property
- Non-Profit / Fan Environment: New Xenesis is an entertainment platform created by and for fans, operated independently and without commercial affiliation with the developers or original rights holders of the software.
- Copyright: TERA and all associated trademarks, logos, textures, models, and intellectual property elements belong exclusively to Bluehole Studio Inc. and KRAFTON Inc. Nothing on this website or the server transfers intellectual property rights to users or is intended to infringe those rights.
3. User Accounts and Ownership
- Nature of Access: User accounts are personal and non-transferable access tools to the server. An account is not a proprietary asset or a commercially tradable good of the user.
- Security: The user is solely responsible for keeping their credentials (username and password) confidential. Any activity performed from an account is the exclusive responsibility of its holder.
- Right of Admission and Sanction: The administration team reserves the right to limit, suspend, or delete any account temporarily or permanently, without prior notice, if it detects:
- Use of third-party software, hacks, bots, exploits, or unauthorized modification tools.
- Toxic behavior, harassment, identity theft, or fraud within the community.
- Actions that put the server’s technical stability or security at risk.
- Data Loss: The operator assumes no liability for loss of progress, items, characters, or account data arising from justified bans, technical failures, resets, or server shutdowns.
4. Contributions, Support, and Payments Policy
- Nature of Contributions: Voluntary financial contributions made to sustain the server do not constitute a disinterested tax donation or a sale of goods covered by traditional commercial warranties. They are obtained as compensation for technical management time and for aesthetic or convenience benefits in the game (priority access or virtual customization items).
- Refund Policy (No Refund Policy): All contributions and financial considerations are final and non-refundable once the service, rank, or digital item has been delivered or applied to the user’s account.
- Fraud Protection (Chargebacks): Starting a fraudulent dispute or chargeback through payment gateways (such as PayPal or cards) after receiving the digital benefit will result in the permanent and irreversible ban of all accounts associated with the user and a prohibition on future access to the platform.
5. Service Availability and Modifications
- No Continuity Guarantee: The service is provided “as is” and “as available”. The operator does not guarantee uninterrupted availability, freedom from errors, or a minimum guaranteed operating time.
- Growth and Closure: The administration team reserves the right to modify, update, suspend, or temporarily or permanently close the server, the emulator, or the website at any time, without creating any right to indemnity or compensation for users.
6. Limitation of Liability
The operator of New Xenesis is not liable for direct, indirect, incidental, or consequential damages arising from use of the client software, incompatibilities with the user’s hardware, loss of personal information due to negligence regarding the security of the player’s equipment, or actions by third parties on the platform.
7. Jurisdiction and Applicable Law
Any dispute arising from the interpretation or performance of these terms shall be governed by the laws applicable at the operator’s place of establishment, and the parties expressly submit to the jurisdiction of the competent courts of that territory, waiving any other forum that might otherwise apply.
