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TERMS OF SERVICE AND END USER LICENSE AGREEMENT
Effective Date: 2024.10.17
These Terms of Service and End User License Agreement (the “Terms”) are an agreement between you and the contracting entity specified in Section IX (collectively, “Nexon”) that provides the relevant Services to you. They govern your access and use of the websites, games, mobile apps, and other interactive software products and services that we operate and that link to these Terms (collectively, our “Services”).
Please review these Terms carefully before using the Services. We may change the Terms or modify, suspend, or terminate any features of the Services at any time in our sole discretion consistent with applicable law. We will notify you (including by posting the updated Terms on the Services) of changes to these Terms. By continuing to use the Services, you accept such changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.
PLEASE NOTE THAT SECTION X CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.
YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
I. USE OF THE SERVICES
II. CONTENT POSTED BY USERS
III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
IV. VIRTUAL CURRENCY AND VIRTUAL ITEMS
V. CODE OF CONDUCT
VI. THIRD-PARTY SERVICES, CONTENT, DEVICES, AND NETWORKS
VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
VIII. INDEMNIFICATION
IX. GOVERNING LAW AND CONTRACTING ENTITY
X. DISPUTE RESOLUTION
XI. MISCELLANEOUS
XII. CONTACT US
COMMUNICATIONS & TEXT MESSAGES (Updated 24 June 2021)
XIII. SUPPLEMENTAL TERMS FOR THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM (“UK”)
I. USE OF THE SERVICES
Limited License. Subject to these Terms, you may access and use the Services running operating systems on which the Services were designed to operate for your personal, non-commercial, entertainment use only. The Services are licensed, not sold, to you on a limited, revocable, non-sublicensable, nontransferable, and non-exclusive basis. You may not modify, copy (except for a single backup copy and transient copying required to operate the Services), distribute, transmit, display, perform, reproduce, publish, create derivative works from or adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Services or any portion thereof. Without limiting the generality of the foregoing, you agree that you have no right to sell or otherwise transfer any of the virtual items, virtual currency, points, or any other content or information from the Services, in whole or in part, on internet auction sites (such as eBay or IGE), hack sites, private server sites, gold farming sites, or any other third-party sites or services or in return for anything of value (whether real money or otherwise). You have no rights in or to the Services unless expressly granted to you under these Terms. Your license is automatically rescinded and terminated if you breach any provision of the Terms.
Additional Terms. Some of the Services are subject to and governed by additional terms, conditions, rules, or guidelines on permissible use (“Additional Terms”). We will make these Additional Terms available to you through the applicable service, in which case your acceptance of such Additional Terms is required before you may use the applicable service. If any of the covenants of this agreement conflict with any terms and conditions of Additional Terms, the Additional Terms shall supersede this agreement with respect to the subject matter addressed in the Additional Terms.
Eligibility. You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children under 13 (or as defined under applicable law) may not register for an account and may not provide any personal information to Nexon or others through the Services, without parental consent.
Account Registration. Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. When creating an account, you will provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services. You will uninstall and delete the Services before transferring any device on which they are installed. You will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NEXON. We do not recognize or allow the transfer of accounts between players. You may not, and may not offer to, purchase, sell, gift, or trade any account. Any such attempt shall be null and void and may result in the termination and forfeiture of the account. Any account which has been dormant for more than one year may expire and be deleted.
Updates. Nexon may provide you with updates as they are made generally available by Nexon in its sole discretion. You acknowledge and agree that Nexon may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Nexon are part of the Services and will be subject to these Terms.
Export Controls. You will abide by all applicable export laws and regulations when using the Service. The Services, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or subject to EU or EU member state financial or other sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Cross-border Transfers. By accepting these Terms you understand and agree that performance of these Terms and provision of the Services may require transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as your home country.
II. CONTENT POSTED BY USERS
You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips/screenshots (“User Content”).
You represent and warrant that the User Content that you post or transmit will not:
Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.
Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.
Prevent or impede other users from finding information related to the Services.
Facilitate or promote conduct that in the sole discretion of Nexon involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).
Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.
You acknowledge and agree that Nexon may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Nexon assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.
You hereby grant Nexon a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Nexon’s and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Nexon, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.
III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Nexon and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. Nexon owns and shall retain all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.
Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). In the event that we detect any Unauthorized Third-Party Software, Nexon may collect additional information, as described in the Nexon Privacy Policy including without limitation your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms in accordance with the Nexon Privacy Policy.
Nexon is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Nexon, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Nexon does not return or regularly acknowledge Feedback we receive, and does not have any obligation related to your Feedback.
We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may notify our Designated Agent by contacting us as specified below by providing the following information in writing:
Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. Where necessary and permitted by applicable law, we may provide them with your contact information, including email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We may terminate the privileges of users who repeatedly infringe intellectual property laws.
Game Publisher
Designated Agent
NEXON Co., Ltd.
NEXON Co., Ltd.
Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032, Japan
NEXON America Inc.
NEXON America Inc.
2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America
na_nx_legal@nexon.com
NEXON Korea Corporation
NEXON Korea Corporation
7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 13487
m-support@nexon.com
Embark Studios AB
Embark Studios AB
Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden
copyright@embark-studios.com
IV. VIRTUAL CURRENCY AND VIRTUAL ITEMS
While using the Services, you may have the opportunity to visit online and in-game stores where you can obtain and use Nexon’s virtual currency and digital, in-game items (including early access to games still in production, as may be offered from time to time). Nexon also may make points available to you in connection with your use of the Services.
VIRTUAL CONTENTS, INCLUDING VIRTUAL CONTENTS EXCHANGED FOR PREPAID PAYMENT INSTRUMENTS, ARE REGARDED AS GOODS OR SERVICES, AND ARE NOT PREPAID PAYMENT INSTRUMENTS. Virtual currency and points have no “real-world” value but may be exchanged for in-game items. Items from such stores are not purchased by you, but rather are licensed to you under these Terms. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
Any prices, quotations and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before Nexon’s express acceptance of your order. The prices made or referred to on our Services are the total price, inclusive of taxes. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of the Services on your device at the price(s) in effect when such charges occurred. Nexon may change the pricing for the Services at any time consistent with applicable law. Nexon reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. If that happens, and you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Different payment methods, such as credit card, direct debit, PayPal, Nexon Game Card, etc., may be available to you when obtaining virtual currency through the Services. When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. It is your obligation to pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from Nexon.
Certain minimums may apply to purchases of virtual currency, and certain maximums may apply depending on your transaction method. Nexon reserves the right to change the maximum and minimum amounts applicable to virtual currency purchases at any time without notice, consistent with applicable law.
YOU UNDERSTAND AND AGREE THAT NEXON WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR DIGITAL, IN-GAME ITEMS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. FOR RESIDENTS OF THE EEA OR OF THE UNITED KINGDOM ONLY: YOU AGREE TO IMMEDIATELY RECEIVE THE DIGITAL PRODUCTS, INCLUDING VIRTUAL CURRENCY, DIGITAL IN-GAME ITEMS AND ANY OTHER VIRTUAL CONTENTS, AND TO WAIVE YOUR CANCELLATION AND REFUND RIGHT ONCE THE DOWNLOAD OR STREAMING OF THE DIGITAL PRODUCT HAS BEGUN. If an account is permanently banned, all content licenses and virtual currency balances associated with the suspended account are forfeited. Nexon will have no obligation or responsibility to and will not reimburse you for any virtual currency, points, items, or experience lost due to your violation of these Terms.
Items may expire. Each item that you obtain using virtual currency or points will be included in your account until the earlier of the item’s expiration date, termination or expiration of your account, these Terms, or the Services. Price and availability of items are subject to change without notice, consistent with applicable law.
We may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or SMS/phone billing cannot be processed or is returned to us unpaid or refunded and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We are not responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item or to refuse to provide you with any item. You may be required to verify your transaction information prior to our acceptance thereof.
Notwithstanding these Terms, the laws in your country may apply to the purchase of virtual goods and services supplied by Nexon to you and you may have rights or remedies as set out in such laws that apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms.
As for the Services provided in Japan, only virtual contents or in-game items that are shown as Prepaid Payment Instruments on the websites titled “Representation in accordance with the Payment Services Act in Japan” or “Prepaid Payment Instruments” shall be deemed as “Prepaid Payment Instruments” under the Payment Services Act in Japan. All other virtual contents or in-game items to be exchanged for by such “Prepaid Payment Instruments” are considered to be goods or services delivered in the game and are not considered as “Prepaid Payment Instruments” under the Payment Services Act. Unless otherwise provided for under the said Act, any “Prepaid Payment Instruments” shall not be refunded.
V. CODE OF CONDUCT
You will not use the Services in any manner that, in Nexon’s sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with Nexon’s or any others’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:
Using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or on servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology.
Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services.
Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your statements or actions are endorsed by Nexon.
Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein.
Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.
Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
Hosting, providing, or developing matchmaking services for the Services without Nexon’s prior written approval or creating, using, or maintaining any unauthorized connections to the Services.
Intercepting, emulating, or redirecting the communication protocols used by Nexon or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.
Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or Nexon’s systems or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.
Using macros, auto-looting or robot play, or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence.
Creating more than one account within twenty-four hours or more than five accounts within thirty days, or otherwise exceeding your authorized access to any portion of the Services or any database, computer, or device.
Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).
Engaging in conduct that is harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, intimidating, discriminatory, violent or encouraging of violence (including self-harm), stalking, sexually explicit, or otherwise objectionable in Nexon’s sole discretion, including without limitation looting, kill stealing, making sexual comments, or cursing.
Selling, advertising, or posting information on hacks, private servers (including sources thereof), or gold farming for the Services.
Creating, utilizing, or transacting in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug.
Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.
Engaging in any other conduct that, in Nexon’s sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security or attempts to disrupt or undermine the operation of the Services may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
WE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. If your account is suspended while you are participating in a tournament or competition, Nexon assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.
VI. THIRD-PARTY SERVICES, CONTENT, DEVICES, AND NETWORKS
The Services may be made available to you through third-party services, such as Apple iTunes or Google Play, or devices, such as third-party consoles. The Services also may link to or include third-party services or content (including without limitation User Content posted in forums). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content, or devices. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Services. Use of any third-party services, content, or devices is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will Nexon be responsible or liable in connection with your reliance on or use of third-party services, content, or devices.
When using our Services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Services, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Services.
If the Services are being made available to you through the PlayStation™Store, the following additional terms will apply to you:
A. For purchases in PlayStation™Store in North America:
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
B. For purchases in PlayStation™Store in Europe:
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
For purposes of the foregoing Sections VI.A and VI.B, (i) “item,” “items,” and “content” mean the Services, and any virtual items, virtual currency, points, or any other content or information from the Services, the access and use of which is governed by these Terms notwithstanding anything to the contrary, (ii) “online service” means the PlayStation™Store, and (iii) “Network Terms of Service and User Agreement” means the PlayStation™Network Terms of Service and User Agreement that governs your purchases in the PlayStation™Store. In the event of any conflict between the Network Terms of Service and User Agreement and these Terms regarding your access and use of the Services, these Terms will control.
VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You specifically agree that in no event will Nexon, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers, or agents be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, whether based on contract, tort, negligence, strict liability, or otherwise even if we have been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF NEXON FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ACCESS THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
VIII. INDEMNIFICATION
You agree to indemnify, defend and hold NEXON, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
IX. GOVERNING LAW AND CONTRACTING ENTITY
Without regard to principles of conflicts of law, you agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence. To the fullest extent permitted by law, you agree that these Terms will be construed in accordance with, and were entered into under, the laws of the country specified in the table below, based on which NEXON entity provides the relevant Services to you. Except as otherwise provided for in Section X, you agree to submit to the personal and exclusive jurisdiction of the courts located within the specified forum:
Game Publisher.
Governing Law
Forum
NEXON Co., Ltd.
Japan
Tokyo District Court
Nexon America Inc.
California, USA
State or Federal Court within the County of Los Angeles, California
Nexon Korea Corporation
Korea
Seoul Central District Court of Korea
Embark Studios AB
Governing law and forum will be determined based on your country of residence:
EEA or UK Residents
See Section XIII below
See Section XIII below
Korean Residents
Korea
Seoul Central District Court of Korea
Japanese Residents
Japan
Tokyo District Court as forum
Residents of United States and all other countries not listed above
California, USA
State or Federal Court within the County of Los Angeles, California
X. DISPUTE RESOLUTION
This Section X does not apply to residents of Japan, the United Kingdom, or the European Economic Area.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, Nexon and you both agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
Notice of Dispute. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute by mail and email to us at the mailing and email addresses provided in the Contact Us section. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.
Small Claims Court. You may choose to litigate any Dispute in small claims court (or the equivalent) in the Forum specified in Section IX, if the Dispute meets all the requirements to be heard in small claims court.
Binding Arbitration. If the Dispute is not resolved in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act or any other applicable law. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Exceptions to Arbitration. You and Nexon agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nexon’s intellectual property rights.
Any claim for injunctive relief.
Any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf.
Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration Procedures. Any arbitration will be conducted by the Judicial Arbitration and Mediation Service (“JAMS”) under the applicable Consumer or Commercial Arbitration Rules in effect at the time the Dispute is filed. If JAMS is unavailable or unable to conduct an arbitration of the Dispute, an alternative arbitration service provider will be mutually agreed upon by both parties. You may request a telephonic or in-person hearing by following the JAMS rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award relief only to you individually, and only to the extent required to satisfy your individual claim.
Arbitrator’s Jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If we file, we pay. If you file, you pay unless you get a fee waiver under the applicable arbitration rules. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Location of Arbitration. You agree that the arbitration will occur in the following location:
Game Publisher
Arbitration Forum
Nexon America Inc.
A reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
Nexon Korea Corporation
A reasonable location in South Korea, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
Embark Studios AB
For residents of South Korea, reasonable location in South Korea, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
For residents of all jurisdictions other than the EEA, UK, Japan, and South Korea, in reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under this agreement must be filed within one year in small claims court or in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed. If a Dispute is not filed within one year, it is permanently barred.
Temporary Injunctive Relief. Before the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
If this agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to your use of the Services or these Terms shall be commenced and heard in accordance with Section IX.
XI. MISCELLANEOUS
Entire Agreement. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Nexon. Nexon may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
Captions and Headings. The captions and section and paragraph headings used in the Terms are inserted for convenience only and shall not affect the meaning or interpretation of the Terms.
Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.
XII. CONTACT US
If you have questions about these Terms, please contact us as follows:
Publisher
Contact Information
NEXON Co., Ltd.
Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032
privacy@nexon.co.jp
Nexon America Inc.
2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America
Contact Us
Nexon Korea Corporation
7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 13487
m-support@nexon.com
Embark Studios AB
Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden
https://embark-studios.helpshift.com/
COMMUNICATIONS & TEXT MESSAGES (Updated 24 June 2021)
If you opted in to receive a one-time PIN code to your phone, we will send SMS to the cell phone number you provided. Message frequency may vary. Standard message and data rates may apply, whether you send or receive such messages. If you need assistance, text “HELP”. To cancel, text “STOP”. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. Supported carriers include but are not limited to AT&T, Boost, MetroPCS, Sprint, T-Mobile®, U.S. Cellular®, Verizon Wireless, Virgin Mobile USA.
XIII. SUPPLEMENTAL TERMS FOR THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM (“UK”)
You should read the Supplemental Terms in this Section XIII together with all other Sections of the Terms. However, if there is any inconsistency or conflict between the other Sections of the Terms and the Supplemental Terms, the Supplemental Terms in this Section XIII shall prevail.
As a deviation from the introduction terms and Section X of the Terms, the binding arbitration clause and class action waiver do not apply.
Supplement to Sections I (Use of the Services) and VII (Disclaimer of Warranties; Limitation of Liability) of the Terms
As a deviation from Sections I and VII of the Terms, Nexon may suspend your access to the Services at any time and without prior notice to you if Nexon has a reasonable belief that (i) you have breached these Terms or (ii) you are using the Services in a manner other than for its intended purpose, or illegally. Where Nexon suspends your access to the Services, it will let you know and explain any options you have to request a review, unless doing so may: (i) expose Nexon or others to legal liability; (ii) harm other users; (iii) compromise or interfere with the integrity or operation of any of Nexon’s Services; (iv) be impracticable given technical limitations; or (v) be prohibited under applicable laws. If Nexon decides to ban you from accessing the Services (e.g., disables or deletes your account) for any of the reasons mentioned above, these Terms shall terminate.
These Terms are of indeterminate duration. Nexon may terminate these Terms at any time, in which case we will give you as much advance notice as is reasonably practicable, at least a 30 day advance notice. You may terminate these Terms and stop your access and use of the Service at any time.
Insofar as Nexon provides new releases, patches, upgrades, updates and corrections of the Services, the right of use mentioned in Section I shall apply in the same way. Components of the Services which are recognisably subject to third-party rights and in particular open-source licences are excluded from the granting of rights. In particular, components which are disclosed by Nexon within the Services as third-party content are deemed to be recognisable.
As a deviation from Section I of the Terms, the paragraph on “Cross-Border Transfers” does not apply.
Supplement to Section II (Content posted by Users) of the Terms
As a deviation from Section II of the Terms, you represent and warrant that the User Content that you post or transmit will not: (i) facilitate or promote conduct that Nexon reasonably believes to involve illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving); and (ii) result in an unreasonable or excessive burden on technical capacity.
As a deviation from Section II of the Terms, Nexon may remove the User Content you uploaded or contributed to only if it violates these Terms or applicable law, in which case Nexon will inform you of the removal and will enable you to contest its decision, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws.
As a deviation from Section II of the Terms, Nexon will only monitor or record User Content using software that may be installed when you download software to access or use the Services to the extent this is permitted by applicable law, such as privacy law. If you become aware of any User Content that violates these terms, please report this using the contact details in Section XII.
As a deviation from Section II of the Terms, you hereby grant Nexon an irrevocable, to the extent necessary, transferable and sublicensable, non-exclusive, worldwide rights to use your User Content, for the term of the protection of the rights so licensed, for purposes of the provision and promotion of our Services, including without limitation any necessary rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt or use in any media or platform, known or unknown to date.
Supplement to Section III (Intellectual Property and Claims of Infringement) of the Terms
As a deviation from Section III of the Terms, Nexon will only access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”) to the extent permitted applicable law, such as privacy law.
Supplement to Section IV (Virtual Currency and Virtual Items) of the Terms
You are obliged to pay all charges, fees, and applicable taxes incurred by you under the Terms. In case such have been incurred by anyone else using your account or resulting from use of the Services on your devices, Nexon may be entitled to claim damages from you.
As a deviation from Section IV of the Terms, you have the right to withdraw from these Terms within 14 days, without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Terms. To exercise the right of withdrawal, you must inform Nexon of your decision to withdraw, e.g., by sending an email to one of the email addresses mentioned in Section XII. You may send us the model withdrawal form available in Appendix 1, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from the Terms, Nexon shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from these Terms. We will carry out such 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 such reimbursement.
If you requested to begin the performance of Services during the withdrawal period, you must pay Nexon an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the Terms, in comparison with the full coverage of the Terms.
You do not have a right of withdrawal of free-of-charge Services that Nexon already performed and of free-of-charge virtual items, virtual currency, points, digital in-game items or any other content or information from the Services (“Digital Content”) (that is not supplied on a tangible medium) that Nexon already started performing.
Prior to purchasing certain Digital Content, you will be asked to agree to immediately receive the Digital Content, and to waive your cancellation and refund right once the download or streaming of the Digital Content has begun. As such, you recognize that you do not have a right to withdraw from your purchase. The same applies with regards to any paid Services you contract from Nexon.
To avoid doubt, references in Section IV to changing the price or availability of items, or limiting the quantity of items available, apply only before we have accepted your order.
Supplement to Section V (Code of Conduct) of the Terms
In deviation from Section V of the Terms, you will not use the Services in any manner that Nexon reasonably believes to be unlawful or that could damage, disable, overburden, or impair the Services or interfere with Nexon’s or any others users’ use and enjoyment of the Services.
Supplement to Section VII (Disclaimer of Warranties; Limitation of Liability) of the Terms
In deviation from Section VII of the Terms, these Terms do not exclude or limit the legal liability of Nexon in the event of your death or personal injury resulting from an act or omission of Nexon. We warrant the conformity of the Services, including Digital Content, with these Terms to the extent required by applicable law. Pursuant to applicable law, you may have the right to certain remedies in case the provision of the Services, including Digital Content, is defective.
Your statutory warranty rights apply. Nexon shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. In cases of slight negligence, Nexon shall only be liable in the event of a breach of a material contractual obligation of the Terms. A material contractual obligation within the meaning of this Section is an obligation the fulfilment of which makes the performance of the Terms possible in the first place and on the fulfilment of which you may therefore regularly rely. This liability for breach of a material contractual obligation is limited to the damage foreseeable at the time of the conclusion of the Terms, the occurrence of which must typically be expected. The limitations of liability apply accordingly in favour of our employees, agents and vicarious agents. Any liability on Nexon’s part for any commercial guarantees we may have provided and for claims based on product liability laws or in the event of data protection violations shall remain unaffected.
Supplement to Section VIII (Indemnification) of the Terms
Section VIII only applies to the maximum extent permitted by applicable law.
Supplement to Section IX (Governing Law and Jurisdiction) of the Terms
In deviation from Section IX of the Terms, the choice of law does not exclude the application of those consumer protection provisions in the applicable laws of your country of residence that may not be derogated from by contract. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Nexon’s place of business.
Supplement to Section X (Dispute Resolution) of the Terms
Section X of the Terms does not apply.
Supplement to Section XI (Miscellaneous) of the Terms
The paragraph on “Severability” in Section XI of the Terms does not apply.
In deviation from Section XI of the Terms, Nexon will not assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party where this may serve to reduce your guarantees, unless with your prior agreement. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
Online dispute resolution and alternative dispute resolution. The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Supplement to Preamble regarding changes to the Terms
We may change or modify the Terms with effect for the future if there is a valid reason for the amendment and insofar as the changes are reasonable taking into account Nexon’s and your interests. A valid reason exists in particular if the changes are necessary due to a disruption of the equivalent relationship of the Terms to a not insignificant extent that was unforeseeable for us at the time of the conclusion of the Terms due to changes in case law or legislation. This does not cover any changes or modifications to a main performance obligation of the Terms. We will notify you of any changes as required by law and provide you a reasonable period of time to review them before they start applying (as a rule six weeks). If you do not agree with the changed Terms, you will be able terminate these Terms. However, by continuing to use the Services, you accept the changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.
In addition to any changes or updates required to maintain the Services in conformity, we may modify or update any features of the Services at any time if we have a valid reason to do so. In particular, this is the case if the change is solely for your benefit or the change is necessary to (i) ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements, such as adapting Services to a new technical environment or transferring the Services to a new hosting platform; (iii) upgrade or amend the Services, including amending or removing or making modifications to existing features and functionality; (iv) alter the structure, design or layout of the Services, including changing the name of the Services or re-branding, or amending, improving and/or expanding the features and functionalities available; (vi) for security reasons; and (v) for anti-piracy reasons. We will notify you of the changes as mentioned above, and you may terminate the Terms if these changes negatively impact your access to or use of the Service (other than in a minor way).
APPENDIX TO THE SUPPLEMENTAL TERMS
Appendix 1
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the Terms).
— To
[●]:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) Terms for the provision of the Services: [insert name of service and subscription type]
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
____________
(*) Delete as appropriate.
Effective Date: 2024.10.17
These Terms of Service and End User License Agreement (the “Terms”) are an agreement between you and the contracting entity specified in Section IX (collectively, “Nexon”) that provides the relevant Services to you. They govern your access and use of the websites, games, mobile apps, and other interactive software products and services that we operate and that link to these Terms (collectively, our “Services”).
Please review these Terms carefully before using the Services. We may change the Terms or modify, suspend, or terminate any features of the Services at any time in our sole discretion consistent with applicable law. We will notify you (including by posting the updated Terms on the Services) of changes to these Terms. By continuing to use the Services, you accept such changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.
PLEASE NOTE THAT SECTION X CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.
YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
I. USE OF THE SERVICES
II. CONTENT POSTED BY USERS
III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
IV. VIRTUAL CURRENCY AND VIRTUAL ITEMS
V. CODE OF CONDUCT
VI. THIRD-PARTY SERVICES, CONTENT, DEVICES, AND NETWORKS
VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
VIII. INDEMNIFICATION
IX. GOVERNING LAW AND CONTRACTING ENTITY
X. DISPUTE RESOLUTION
XI. MISCELLANEOUS
XII. CONTACT US
COMMUNICATIONS & TEXT MESSAGES (Updated 24 June 2021)
XIII. SUPPLEMENTAL TERMS FOR THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM (“UK”)
I. USE OF THE SERVICES
Limited License. Subject to these Terms, you may access and use the Services running operating systems on which the Services were designed to operate for your personal, non-commercial, entertainment use only. The Services are licensed, not sold, to you on a limited, revocable, non-sublicensable, nontransferable, and non-exclusive basis. You may not modify, copy (except for a single backup copy and transient copying required to operate the Services), distribute, transmit, display, perform, reproduce, publish, create derivative works from or adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Services or any portion thereof. Without limiting the generality of the foregoing, you agree that you have no right to sell or otherwise transfer any of the virtual items, virtual currency, points, or any other content or information from the Services, in whole or in part, on internet auction sites (such as eBay or IGE), hack sites, private server sites, gold farming sites, or any other third-party sites or services or in return for anything of value (whether real money or otherwise). You have no rights in or to the Services unless expressly granted to you under these Terms. Your license is automatically rescinded and terminated if you breach any provision of the Terms.
Additional Terms. Some of the Services are subject to and governed by additional terms, conditions, rules, or guidelines on permissible use (“Additional Terms”). We will make these Additional Terms available to you through the applicable service, in which case your acceptance of such Additional Terms is required before you may use the applicable service. If any of the covenants of this agreement conflict with any terms and conditions of Additional Terms, the Additional Terms shall supersede this agreement with respect to the subject matter addressed in the Additional Terms.
Eligibility. You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children under 13 (or as defined under applicable law) may not register for an account and may not provide any personal information to Nexon or others through the Services, without parental consent.
Account Registration. Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. When creating an account, you will provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services. You will uninstall and delete the Services before transferring any device on which they are installed. You will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NEXON. We do not recognize or allow the transfer of accounts between players. You may not, and may not offer to, purchase, sell, gift, or trade any account. Any such attempt shall be null and void and may result in the termination and forfeiture of the account. Any account which has been dormant for more than one year may expire and be deleted.
Updates. Nexon may provide you with updates as they are made generally available by Nexon in its sole discretion. You acknowledge and agree that Nexon may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Nexon are part of the Services and will be subject to these Terms.
Export Controls. You will abide by all applicable export laws and regulations when using the Service. The Services, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or subject to EU or EU member state financial or other sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Cross-border Transfers. By accepting these Terms you understand and agree that performance of these Terms and provision of the Services may require transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as your home country.
II. CONTENT POSTED BY USERS
You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips/screenshots (“User Content”).
You represent and warrant that the User Content that you post or transmit will not:
Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.
Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.
Prevent or impede other users from finding information related to the Services.
Facilitate or promote conduct that in the sole discretion of Nexon involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).
Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.
You acknowledge and agree that Nexon may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Nexon assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.
You hereby grant Nexon a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Nexon’s and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Nexon, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.
III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Nexon and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. Nexon owns and shall retain all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.
Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). In the event that we detect any Unauthorized Third-Party Software, Nexon may collect additional information, as described in the Nexon Privacy Policy including without limitation your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms in accordance with the Nexon Privacy Policy.
Nexon is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Nexon, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Nexon does not return or regularly acknowledge Feedback we receive, and does not have any obligation related to your Feedback.
We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may notify our Designated Agent by contacting us as specified below by providing the following information in writing:
Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. Where necessary and permitted by applicable law, we may provide them with your contact information, including email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We may terminate the privileges of users who repeatedly infringe intellectual property laws.
Game Publisher
Designated Agent
NEXON Co., Ltd.
NEXON Co., Ltd.
Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032, Japan
NEXON America Inc.
NEXON America Inc.
2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America
na_nx_legal@nexon.com
NEXON Korea Corporation
NEXON Korea Corporation
7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 13487
m-support@nexon.com
Embark Studios AB
Embark Studios AB
Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden
copyright@embark-studios.com
IV. VIRTUAL CURRENCY AND VIRTUAL ITEMS
While using the Services, you may have the opportunity to visit online and in-game stores where you can obtain and use Nexon’s virtual currency and digital, in-game items (including early access to games still in production, as may be offered from time to time). Nexon also may make points available to you in connection with your use of the Services.
VIRTUAL CONTENTS, INCLUDING VIRTUAL CONTENTS EXCHANGED FOR PREPAID PAYMENT INSTRUMENTS, ARE REGARDED AS GOODS OR SERVICES, AND ARE NOT PREPAID PAYMENT INSTRUMENTS. Virtual currency and points have no “real-world” value but may be exchanged for in-game items. Items from such stores are not purchased by you, but rather are licensed to you under these Terms. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
Any prices, quotations and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before Nexon’s express acceptance of your order. The prices made or referred to on our Services are the total price, inclusive of taxes. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of the Services on your device at the price(s) in effect when such charges occurred. Nexon may change the pricing for the Services at any time consistent with applicable law. Nexon reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. If that happens, and you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Different payment methods, such as credit card, direct debit, PayPal, Nexon Game Card, etc., may be available to you when obtaining virtual currency through the Services. When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. It is your obligation to pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from Nexon.
Certain minimums may apply to purchases of virtual currency, and certain maximums may apply depending on your transaction method. Nexon reserves the right to change the maximum and minimum amounts applicable to virtual currency purchases at any time without notice, consistent with applicable law.
YOU UNDERSTAND AND AGREE THAT NEXON WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR DIGITAL, IN-GAME ITEMS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. FOR RESIDENTS OF THE EEA OR OF THE UNITED KINGDOM ONLY: YOU AGREE TO IMMEDIATELY RECEIVE THE DIGITAL PRODUCTS, INCLUDING VIRTUAL CURRENCY, DIGITAL IN-GAME ITEMS AND ANY OTHER VIRTUAL CONTENTS, AND TO WAIVE YOUR CANCELLATION AND REFUND RIGHT ONCE THE DOWNLOAD OR STREAMING OF THE DIGITAL PRODUCT HAS BEGUN. If an account is permanently banned, all content licenses and virtual currency balances associated with the suspended account are forfeited. Nexon will have no obligation or responsibility to and will not reimburse you for any virtual currency, points, items, or experience lost due to your violation of these Terms.
Items may expire. Each item that you obtain using virtual currency or points will be included in your account until the earlier of the item’s expiration date, termination or expiration of your account, these Terms, or the Services. Price and availability of items are subject to change without notice, consistent with applicable law.
We may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or SMS/phone billing cannot be processed or is returned to us unpaid or refunded and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We are not responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item or to refuse to provide you with any item. You may be required to verify your transaction information prior to our acceptance thereof.
Notwithstanding these Terms, the laws in your country may apply to the purchase of virtual goods and services supplied by Nexon to you and you may have rights or remedies as set out in such laws that apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms.
As for the Services provided in Japan, only virtual contents or in-game items that are shown as Prepaid Payment Instruments on the websites titled “Representation in accordance with the Payment Services Act in Japan” or “Prepaid Payment Instruments” shall be deemed as “Prepaid Payment Instruments” under the Payment Services Act in Japan. All other virtual contents or in-game items to be exchanged for by such “Prepaid Payment Instruments” are considered to be goods or services delivered in the game and are not considered as “Prepaid Payment Instruments” under the Payment Services Act. Unless otherwise provided for under the said Act, any “Prepaid Payment Instruments” shall not be refunded.
V. CODE OF CONDUCT
You will not use the Services in any manner that, in Nexon’s sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with Nexon’s or any others’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:
Using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or on servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology.
Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services.
Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your statements or actions are endorsed by Nexon.
Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein.
Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.
Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
Hosting, providing, or developing matchmaking services for the Services without Nexon’s prior written approval or creating, using, or maintaining any unauthorized connections to the Services.
Intercepting, emulating, or redirecting the communication protocols used by Nexon or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.
Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or Nexon’s systems or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.
Using macros, auto-looting or robot play, or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence.
Creating more than one account within twenty-four hours or more than five accounts within thirty days, or otherwise exceeding your authorized access to any portion of the Services or any database, computer, or device.
Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).
Engaging in conduct that is harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, intimidating, discriminatory, violent or encouraging of violence (including self-harm), stalking, sexually explicit, or otherwise objectionable in Nexon’s sole discretion, including without limitation looting, kill stealing, making sexual comments, or cursing.
Selling, advertising, or posting information on hacks, private servers (including sources thereof), or gold farming for the Services.
Creating, utilizing, or transacting in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug.
Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.
Engaging in any other conduct that, in Nexon’s sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security or attempts to disrupt or undermine the operation of the Services may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
WE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. If your account is suspended while you are participating in a tournament or competition, Nexon assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.
VI. THIRD-PARTY SERVICES, CONTENT, DEVICES, AND NETWORKS
The Services may be made available to you through third-party services, such as Apple iTunes or Google Play, or devices, such as third-party consoles. The Services also may link to or include third-party services or content (including without limitation User Content posted in forums). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content, or devices. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Services. Use of any third-party services, content, or devices is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will Nexon be responsible or liable in connection with your reliance on or use of third-party services, content, or devices.
When using our Services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Services, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Services.
If the Services are being made available to you through the PlayStation™Store, the following additional terms will apply to you:
A. For purchases in PlayStation™Store in North America:
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
B. For purchases in PlayStation™Store in Europe:
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
For purposes of the foregoing Sections VI.A and VI.B, (i) “item,” “items,” and “content” mean the Services, and any virtual items, virtual currency, points, or any other content or information from the Services, the access and use of which is governed by these Terms notwithstanding anything to the contrary, (ii) “online service” means the PlayStation™Store, and (iii) “Network Terms of Service and User Agreement” means the PlayStation™Network Terms of Service and User Agreement that governs your purchases in the PlayStation™Store. In the event of any conflict between the Network Terms of Service and User Agreement and these Terms regarding your access and use of the Services, these Terms will control.
VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You specifically agree that in no event will Nexon, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers, or agents be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, whether based on contract, tort, negligence, strict liability, or otherwise even if we have been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF NEXON FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ACCESS THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
VIII. INDEMNIFICATION
You agree to indemnify, defend and hold NEXON, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
IX. GOVERNING LAW AND CONTRACTING ENTITY
Without regard to principles of conflicts of law, you agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence. To the fullest extent permitted by law, you agree that these Terms will be construed in accordance with, and were entered into under, the laws of the country specified in the table below, based on which NEXON entity provides the relevant Services to you. Except as otherwise provided for in Section X, you agree to submit to the personal and exclusive jurisdiction of the courts located within the specified forum:
Game Publisher.
Governing Law
Forum
NEXON Co., Ltd.
Japan
Tokyo District Court
Nexon America Inc.
California, USA
State or Federal Court within the County of Los Angeles, California
Nexon Korea Corporation
Korea
Seoul Central District Court of Korea
Embark Studios AB
Governing law and forum will be determined based on your country of residence:
EEA or UK Residents
See Section XIII below
See Section XIII below
Korean Residents
Korea
Seoul Central District Court of Korea
Japanese Residents
Japan
Tokyo District Court as forum
Residents of United States and all other countries not listed above
California, USA
State or Federal Court within the County of Los Angeles, California
X. DISPUTE RESOLUTION
This Section X does not apply to residents of Japan, the United Kingdom, or the European Economic Area.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, Nexon and you both agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
Notice of Dispute. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute by mail and email to us at the mailing and email addresses provided in the Contact Us section. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.
Small Claims Court. You may choose to litigate any Dispute in small claims court (or the equivalent) in the Forum specified in Section IX, if the Dispute meets all the requirements to be heard in small claims court.
Binding Arbitration. If the Dispute is not resolved in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act or any other applicable law. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Exceptions to Arbitration. You and Nexon agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nexon’s intellectual property rights.
Any claim for injunctive relief.
Any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf.
Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration Procedures. Any arbitration will be conducted by the Judicial Arbitration and Mediation Service (“JAMS”) under the applicable Consumer or Commercial Arbitration Rules in effect at the time the Dispute is filed. If JAMS is unavailable or unable to conduct an arbitration of the Dispute, an alternative arbitration service provider will be mutually agreed upon by both parties. You may request a telephonic or in-person hearing by following the JAMS rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award relief only to you individually, and only to the extent required to satisfy your individual claim.
Arbitrator’s Jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If we file, we pay. If you file, you pay unless you get a fee waiver under the applicable arbitration rules. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Location of Arbitration. You agree that the arbitration will occur in the following location:
Game Publisher
Arbitration Forum
Nexon America Inc.
A reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
Nexon Korea Corporation
A reasonable location in South Korea, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
Embark Studios AB
For residents of South Korea, reasonable location in South Korea, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
For residents of all jurisdictions other than the EEA, UK, Japan, and South Korea, in reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbitrator.
Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under this agreement must be filed within one year in small claims court or in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed. If a Dispute is not filed within one year, it is permanently barred.
Temporary Injunctive Relief. Before the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
If this agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to your use of the Services or these Terms shall be commenced and heard in accordance with Section IX.
XI. MISCELLANEOUS
Entire Agreement. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Nexon. Nexon may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
Captions and Headings. The captions and section and paragraph headings used in the Terms are inserted for convenience only and shall not affect the meaning or interpretation of the Terms.
Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.
XII. CONTACT US
If you have questions about these Terms, please contact us as follows:
Publisher
Contact Information
NEXON Co., Ltd.
Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032
privacy@nexon.co.jp
Nexon America Inc.
2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America
Contact Us
Nexon Korea Corporation
7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 13487
m-support@nexon.com
Embark Studios AB
Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden
https://embark-studios.helpshift.com/
COMMUNICATIONS & TEXT MESSAGES (Updated 24 June 2021)
If you opted in to receive a one-time PIN code to your phone, we will send SMS to the cell phone number you provided. Message frequency may vary. Standard message and data rates may apply, whether you send or receive such messages. If you need assistance, text “HELP”. To cancel, text “STOP”. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. Supported carriers include but are not limited to AT&T, Boost, MetroPCS, Sprint, T-Mobile®, U.S. Cellular®, Verizon Wireless, Virgin Mobile USA.
XIII. SUPPLEMENTAL TERMS FOR THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM (“UK”)
You should read the Supplemental Terms in this Section XIII together with all other Sections of the Terms. However, if there is any inconsistency or conflict between the other Sections of the Terms and the Supplemental Terms, the Supplemental Terms in this Section XIII shall prevail.
As a deviation from the introduction terms and Section X of the Terms, the binding arbitration clause and class action waiver do not apply.
Supplement to Sections I (Use of the Services) and VII (Disclaimer of Warranties; Limitation of Liability) of the Terms
As a deviation from Sections I and VII of the Terms, Nexon may suspend your access to the Services at any time and without prior notice to you if Nexon has a reasonable belief that (i) you have breached these Terms or (ii) you are using the Services in a manner other than for its intended purpose, or illegally. Where Nexon suspends your access to the Services, it will let you know and explain any options you have to request a review, unless doing so may: (i) expose Nexon or others to legal liability; (ii) harm other users; (iii) compromise or interfere with the integrity or operation of any of Nexon’s Services; (iv) be impracticable given technical limitations; or (v) be prohibited under applicable laws. If Nexon decides to ban you from accessing the Services (e.g., disables or deletes your account) for any of the reasons mentioned above, these Terms shall terminate.
These Terms are of indeterminate duration. Nexon may terminate these Terms at any time, in which case we will give you as much advance notice as is reasonably practicable, at least a 30 day advance notice. You may terminate these Terms and stop your access and use of the Service at any time.
Insofar as Nexon provides new releases, patches, upgrades, updates and corrections of the Services, the right of use mentioned in Section I shall apply in the same way. Components of the Services which are recognisably subject to third-party rights and in particular open-source licences are excluded from the granting of rights. In particular, components which are disclosed by Nexon within the Services as third-party content are deemed to be recognisable.
As a deviation from Section I of the Terms, the paragraph on “Cross-Border Transfers” does not apply.
Supplement to Section II (Content posted by Users) of the Terms
As a deviation from Section II of the Terms, you represent and warrant that the User Content that you post or transmit will not: (i) facilitate or promote conduct that Nexon reasonably believes to involve illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving); and (ii) result in an unreasonable or excessive burden on technical capacity.
As a deviation from Section II of the Terms, Nexon may remove the User Content you uploaded or contributed to only if it violates these Terms or applicable law, in which case Nexon will inform you of the removal and will enable you to contest its decision, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws.
As a deviation from Section II of the Terms, Nexon will only monitor or record User Content using software that may be installed when you download software to access or use the Services to the extent this is permitted by applicable law, such as privacy law. If you become aware of any User Content that violates these terms, please report this using the contact details in Section XII.
As a deviation from Section II of the Terms, you hereby grant Nexon an irrevocable, to the extent necessary, transferable and sublicensable, non-exclusive, worldwide rights to use your User Content, for the term of the protection of the rights so licensed, for purposes of the provision and promotion of our Services, including without limitation any necessary rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt or use in any media or platform, known or unknown to date.
Supplement to Section III (Intellectual Property and Claims of Infringement) of the Terms
As a deviation from Section III of the Terms, Nexon will only access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”) to the extent permitted applicable law, such as privacy law.
Supplement to Section IV (Virtual Currency and Virtual Items) of the Terms
You are obliged to pay all charges, fees, and applicable taxes incurred by you under the Terms. In case such have been incurred by anyone else using your account or resulting from use of the Services on your devices, Nexon may be entitled to claim damages from you.
As a deviation from Section IV of the Terms, you have the right to withdraw from these Terms within 14 days, without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Terms. To exercise the right of withdrawal, you must inform Nexon of your decision to withdraw, e.g., by sending an email to one of the email addresses mentioned in Section XII. You may send us the model withdrawal form available in Appendix 1, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from the Terms, Nexon shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from these Terms. We will carry out such 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 such reimbursement.
If you requested to begin the performance of Services during the withdrawal period, you must pay Nexon an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the Terms, in comparison with the full coverage of the Terms.
You do not have a right of withdrawal of free-of-charge Services that Nexon already performed and of free-of-charge virtual items, virtual currency, points, digital in-game items or any other content or information from the Services (“Digital Content”) (that is not supplied on a tangible medium) that Nexon already started performing.
Prior to purchasing certain Digital Content, you will be asked to agree to immediately receive the Digital Content, and to waive your cancellation and refund right once the download or streaming of the Digital Content has begun. As such, you recognize that you do not have a right to withdraw from your purchase. The same applies with regards to any paid Services you contract from Nexon.
To avoid doubt, references in Section IV to changing the price or availability of items, or limiting the quantity of items available, apply only before we have accepted your order.
Supplement to Section V (Code of Conduct) of the Terms
In deviation from Section V of the Terms, you will not use the Services in any manner that Nexon reasonably believes to be unlawful or that could damage, disable, overburden, or impair the Services or interfere with Nexon’s or any others users’ use and enjoyment of the Services.
Supplement to Section VII (Disclaimer of Warranties; Limitation of Liability) of the Terms
In deviation from Section VII of the Terms, these Terms do not exclude or limit the legal liability of Nexon in the event of your death or personal injury resulting from an act or omission of Nexon. We warrant the conformity of the Services, including Digital Content, with these Terms to the extent required by applicable law. Pursuant to applicable law, you may have the right to certain remedies in case the provision of the Services, including Digital Content, is defective.
Your statutory warranty rights apply. Nexon shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. In cases of slight negligence, Nexon shall only be liable in the event of a breach of a material contractual obligation of the Terms. A material contractual obligation within the meaning of this Section is an obligation the fulfilment of which makes the performance of the Terms possible in the first place and on the fulfilment of which you may therefore regularly rely. This liability for breach of a material contractual obligation is limited to the damage foreseeable at the time of the conclusion of the Terms, the occurrence of which must typically be expected. The limitations of liability apply accordingly in favour of our employees, agents and vicarious agents. Any liability on Nexon’s part for any commercial guarantees we may have provided and for claims based on product liability laws or in the event of data protection violations shall remain unaffected.
Supplement to Section VIII (Indemnification) of the Terms
Section VIII only applies to the maximum extent permitted by applicable law.
Supplement to Section IX (Governing Law and Jurisdiction) of the Terms
In deviation from Section IX of the Terms, the choice of law does not exclude the application of those consumer protection provisions in the applicable laws of your country of residence that may not be derogated from by contract. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Nexon’s place of business.
Supplement to Section X (Dispute Resolution) of the Terms
Section X of the Terms does not apply.
Supplement to Section XI (Miscellaneous) of the Terms
The paragraph on “Severability” in Section XI of the Terms does not apply.
In deviation from Section XI of the Terms, Nexon will not assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party where this may serve to reduce your guarantees, unless with your prior agreement. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
Online dispute resolution and alternative dispute resolution. The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Supplement to Preamble regarding changes to the Terms
We may change or modify the Terms with effect for the future if there is a valid reason for the amendment and insofar as the changes are reasonable taking into account Nexon’s and your interests. A valid reason exists in particular if the changes are necessary due to a disruption of the equivalent relationship of the Terms to a not insignificant extent that was unforeseeable for us at the time of the conclusion of the Terms due to changes in case law or legislation. This does not cover any changes or modifications to a main performance obligation of the Terms. We will notify you of any changes as required by law and provide you a reasonable period of time to review them before they start applying (as a rule six weeks). If you do not agree with the changed Terms, you will be able terminate these Terms. However, by continuing to use the Services, you accept the changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.
In addition to any changes or updates required to maintain the Services in conformity, we may modify or update any features of the Services at any time if we have a valid reason to do so. In particular, this is the case if the change is solely for your benefit or the change is necessary to (i) ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements, such as adapting Services to a new technical environment or transferring the Services to a new hosting platform; (iii) upgrade or amend the Services, including amending or removing or making modifications to existing features and functionality; (iv) alter the structure, design or layout of the Services, including changing the name of the Services or re-branding, or amending, improving and/or expanding the features and functionalities available; (vi) for security reasons; and (v) for anti-piracy reasons. We will notify you of the changes as mentioned above, and you may terminate the Terms if these changes negatively impact your access to or use of the Service (other than in a minor way).
APPENDIX TO THE SUPPLEMENTAL TERMS
Appendix 1
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the Terms).
— To
[●]:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) Terms for the provision of the Services: [insert name of service and subscription type]
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
____________
(*) Delete as appropriate.