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This End User License Agreement and Terms of Service (the “Terms”) are an agreement between you and NEXON Korea Corporation. NEXON Korea Corporation, along with our representatives, affiliates, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, and agents (collectively “NEXON ” or “we” or “us” or “our”), provides the Applications to you subject to the following Terms, which you acknowledge, agree to and consent to. Information on how we collect, process and use your personal data can be found in our Privacy Policy, which can be accessed through the following link: Privacy Policy
NEXON reserves the right to modify these Terms at any time, with the exception of the provisions determining the parties' primary contractual obligations hereunder. The parties' primary contractual obligations will not be changed in the manner described in this section. NEXON will inform you by e-mail of any proposed modification of these Terms, provide you with the proposed new version of these Terms and notify you of the date when the new Terms will be implemented. Any change is subject to a prior written (e-mail sufficient) notice of six weeks. If you do not expressly refuse the respective modification within six weeks from the date on which the new Terms are implemented, you are deemed to have approved the modification of the Terms. In the aforementioned notice of the proposed modification, NEXON will inform you expressly and specifically about the right to object within the six weeks period and the consequences of not expressly refusing the proposed modification. YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
When using the Applications, you shall be subject to any Posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other Applications, games or websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are (i) 18 years of age or older, or (ii) under 18 but at least 7 years of age and acting with the consent of your parents or legal guardian. If you are under 18 years of age, you may only use the Applications under the supervision of your parents or legal guardian. You must also have your parents’ or legal guardian’s consent every time you enter into any transaction pursuant to these Terms. If you are under 14 years of age, please do not submit any Personal Information to us, as stated in our Privacy Policy.
Table of Contents
1. Definitions
2. Preconditions of these Terms
3. About Our Applications
4. Our Intellectual Property
5. Procedure for Making Claims of Copyright Infringement
6. Procedure for Making Non-Copyright Complaints
7. Content Posted by Users
8. Prohibited Conduct/Representations and Warranties
9. Social Networking Features and Game Forums
10. Virtual Currency
11. Indemnification
12. Limitation of Warranty
13. Limitation of Liability
14. Governing Law
15. Links
16. Miscellaneous
1. Definitions
Some terms used herein are defined in the last paragraph of these Terms. Please refer below for definitions.
2. Preconditions of these Terms
The grant of license as set forth in these Terms is specifically conditioned upon the following:
a. You have accepted all of the obligations contained in these Terms, and any additional requirements, rules, or obligations, as may be applicable to the Application(s) you are using;
b. You will comply with all of the Terms until such time as you have completed and permanently terminated your use of the Application(s) by deleting all aspects of the Application(s) from your machine (e.g., account deletion, deletion of Application-related files, destruction of the physical media on which the copy of the Application(s) in your possession exists, etc.);
c. You will use the Application(s) only on a single mobile entertainment device, for personal use only, running validly licensed copies of operating systems on which the Application was designed to operate; and
d. You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the code or the user experience of the Application(s), whether on your local device or on servers which enable use of any features of the Application(s).
3. About Our Applications
We provide users with access to interactive software products that, among other things, enable multiplayer gaming experiences on mobile devices. The Applications may be made available to you directly, or through third party services, such as iTunes and Google Play. These third party services may require you to download and install software and create an account before downloading the Applications.
After downloading the Application and accepting these Terms of Service, you have the option of connecting it with one of your existing social media accounts, creating a new account with Nexon based on your e-mail address, or, in some Applications, play as a guest without connecting to or registering an account. Connecting and creating accounts is free of charge. The respective agreement to connect your social media account or register a new account, respectively, is concluded when you click the respective button (“sign-up”). You may be required to connect or register an account with Nexon and sign into that account in order to access some portions and features of the Applications. In particular, some Applications may offer multiplayer features, including location-based matching to let you play multiplayer games against people near you. If you choose to create and utilize an account – whether with Nexon or with a third party service – you are responsible for maintaining the confidentiality of the password and username, and you are fully and solely responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at m-support@nexon.com.
Please note that the Nexon account described above is not the same thing as the account you have on a third party platform such as iTunes or Google Play and that enables you to download Applications and make in-app purchases (as described in detail in Section 10 below). If you interact with us or with third-party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, and credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.
When using our Applications, you hereby acknowledge that your device may connect to or utilize third party data networks, which may incur fees based on your use of those networks. If you have a third party network carrier linked to your device, that carrier’s normal rates and fees, such as text messaging and excess broadband fees will still apply. User accounts and your rights to use the Applications are non-transferrable. In the event you dispose of or transfer ownership of your mobile device, you agree to log out of your user account and delete any account information and uninstall and delete the Applications before doing so.
4. Our Intellectual Property
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 Applications, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
NEXON owns and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Applications, and any portions thereof. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with NEXON’s ownership of and rights with respect to the Applications. You shall have only those rights in and to the Applications as are expressly granted to you under this Agreement.
We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to:
• Install a copy of the Application(s) on a mobile device under your legitimate control; and
• Access and use the Application(s) solely for your own personal, non-commercial, entertainment purposes.
As part of this license, you may not do any of the following:
• Copy the Application(s) except a single backup copy and except for incidental reproduction required to run the Application on your device;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Application(s) available to any other person, in whole or in part, or use the Application(s) or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service;
• Make available, adapt, publicly perform, or publicly display the Applications or any adaptations thereof;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Application(s) or any portion thereof, in whole or in part; provided that decompilation is permitted to the extent required to obtain information required to make the Application interoperable with independently developed software; provided that you will first attempt to obtain such information from NEXON, you will not use the obtained information for any other purpose and not share it with any third party except to the extent required for such purpose, and otherwise comply with all restrictions of sec. 69e of the German Copyright Act (UrhG);
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Application(s) or any portion thereof; or
• Export or re-export the Application(s) or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.
The above described license is conditioned on your compliance with these Terms, and shall terminate upon the earlier of: (a) your breach of these Terms; or (b) our termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some Content made available on the Applications may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use the Content. You must not remove, delete, or alter any watermark or other digital rights management technology or other information. Such conduct is prohibited by law.
5. Procedure for Making Claims of Copyright Infringement
We have adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Applications, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:
NEXON Korea Corporation
ADDRESS: 7, Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 463-400
PHONE: +82-031-8016-7742
EMAIL: m-support@nexon.com
To assist us in an effective handling of the matter, the notice of claimed infringement should include the following contents:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);
information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. That person may be afforded an opportunity to send a counter-notice attesting to the fact that the content at issue is not infringing. Depending on whether the person to whom the notice was sent decides to file a counter-notice or not, we may restore the content at issue pending other requirements or orders of a court, administrative agency, or similar entity.
6. Procedure for Making Non-Copyright Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any material accessible on or through the Applications, please contact us at: m-support@nexon.com.
We will work to prevent unlawful activity from taking place on or through the Applications.
7. Content Posted by Users
You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. We reserve the right to delete any User Content that we determine in our equitable discretion to violate or infringe these Terms, any third party rights and/or any applicable laws. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.
By Posting any User Content to or through the Application(s), you grant us a royalty-free, irrevocable, transferrable, sublicensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation any commercial, advertising, or promotional uses, and to license third parties to do the same. You also waive any and all claims against us related to moral rights in User Content; in particular, NEXON is not obliged, but entitled, to mention your name in connection with any use of your User Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you Post.
If any of the User Content that you Post to or through the Applications contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
If any of the User Content you Post to or through the Application(s) contains the name, image, voice, likeness, or biographical information (“Likeness”) of any person, you hereby represent to Nexon that you have obtained all necessary rights to that Likeness, and that Nexon’s use of that person’s Likeness will not violate the proprietary rights of any person or entity. Upon request, you will provide Nexon with a signed consent regarding the rights granted to Nexon regarding your Likeness, and you will provide Nexon with copies of similar consents and permissions for any Likeness other than your own that is included in your User Content. By Posting User Content to or through the Application(s), you hereby grant to Nexon a royalty-free, irrevocable, transferrable, sublicensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to use the Likenesses contained within the User Content for any purpose whatsoever, including without limitation commercial, advertising, and/or promotional uses, for Nexon, its subsidiary and affiliated companies, and/or any of such entities’ products or services.
8. Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not, in connection with your use of the Applications:
violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
act in a manner that negatively affects other users’ ability to use the Applications, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or have a license to;
make misleading statements or misrepresent any fact (including without limitation your identity);
Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
use any computer or device that is running any application, software or technology that is not expressly authorized by us for use and that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology, including without limitation automation software (bots), hacks, or other devices for enabling the interoperability of unauthorized third-party software that modifies the gaming experience;
exceed your authorized access to any portion of the Applications or any database, computer or device;
remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
collect or store personal data about anyone;
modify any part of the Applications;
obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Applications;
exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
9. Social Networking Features and Game Forums
While using the Applications, you may enable interactivity between the Applications and certain social networking services, such as Facebook, Google +, or Twitter. These services enable you and NEXON to communicate with third parties. In addition, you may display the information generated from your participation in games on these social networks. You may also engage in Application forums for the purpose of communicating with other players about topics such as game strategy.
You understand that much of the information included in the social networking features and the forums is from other players who are not employed by or under the control of NEXON. You further acknowledge that a large volume of information is available in the social networking features and the forums and that people participating in them occasionally Post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed by you or the other players. The opinions expressed reflect solely the opinion(s) of you and the other players and may not reflect our opinion(s). We are not responsible for any errors or omissions in Postings, for hyperlinks embedded in messages or for any results obtained from the use of the information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information. You should be aware that, when you disclose information about yourself using a social networking feature or a forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information, you do so at your own risk. We may, but have no obligation to, monitor the social networking features or the forums. NEXON does not proactively monitor any personal messages sent to or from the social networking features.
10. Virtual Currency
While playing our games, you may have the opportunity to visit online and in-game “stores” and use virtual "cash" to license a variety of virtual items that can be used while playing various games. You may be required to provide us or another payment service designated by us (e.g., PayPal) with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each "real world" Euro or unit of other currency that you authorize us to charge to your credit card, you will be awarded a designated amount of virtual currency; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each "real world" Euro or unit of other currency. You may also be awarded points to use for virtual “shopping.” These points have no "real world" value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency or points will be included in your account until the earlier of that item's expiration date, your account's expiration or termination date, or such date when the Application is discontinued. 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. Virtual currency, and the items you obtain within the Application by using it, are merely devices describing the extent of your license to use the Application and the Works accessible through it. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. You understand that any credit card transaction-related information will be treated by us in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to us or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (and/or through any account registered in your name, unless to the extent such charges are fraudulently incurred by a third party without your responsibility or negligence) resulting from your use of the Applications at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid 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 shall not be 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 and/or to refuse to accept your order with respect to any item. Verification of certain information applicable to a transaction involving an item may be required prior to our acceptance thereof. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in the Applications, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE), hack sites, private server sites, gold farming sites or in return for anything of value (including "real" money) or otherwise. You acknowledge that the virtual currency acquired through the Applications is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time.
11. Indemnification
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any culpable (i.e. intentional or negligent) breach of the representations and warranties contained herein, or your culpable (i.e. intentional or negligent) violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
12. Limitation of Warranty
To the extent any Application, Content and/or services are provided free of charge, they are provided as-is and NEXON makes no warranties as to their quality or fitness for a particular purpose.
To the extent any Application and/or Content are provided against a fee, NEXON warrants that such Application and/or Content will operate materially as specified in the applicable documentation or product description. In the event of any defect, we will provide subsequent performance by either removing the defect or providing a new version of the Application/Content that does not have the defect, within a reasonable time period allowing for at least three attempts at subsequent performance. If subsequent performance definitely fails, you may exercise your other statutory rights, provided however that Nexon’s no-fault liability for initial defects under Sec. 536a para 1. of the German Civil Code is excluded in any event.
13. Limitation of Liability
NEXON’S LIABILITY, ON WHATEVER LEGAL GROUNDS, WHETHER ARISING FROM THE BREACH OF THE CONTRACT OR TORTUOUS ACT, IS EXCLUSIVELY DETERMINED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
13.1 APPLICATION PROVIDED FREE OF CHARGE
TO THE EXTENT THAT NEXON PROVIDES THE APPLICATION AND/OR ANY OTHER CONTENT AND/OR SERVICES GIVING RISE TO LIABILITY FREE OF CHARGE, NEXON IS ONLY LIABLE FOR INTENT AND GROSS NEGLIGENCE.
13.2 APPLICATION PROVIDED AGAINST A FEE
TO THE EXTENT NEXON PROVIDES THE APPLICATION AND/OR ANY OTHER CONTENT AND/OR SERVICES GIVING RISE TO LIABILITY AGAINST A FEE, NEXON'S LIABILITY IS UNLIMITED IN CASES OF INTENT AND GROSS NEGLIGENCE.
IN CASE OF SLIGHT NEGLIGENCE, NEXON IS ONLY LIABLE FOR THE BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS. THE LIABILITY IN THE EVENT OF BREACH OF SUCH AN ESSENTIAL OBLIGATION IS LIMITED TO THE TYPICAL CONTRACTUAL DAMAGE FORESEEABLE UPON CONCLUSION OF THE CONTRACT ON ACCOUNT OF THE CIRCUMSTANCES KNOWN AT THAT TIME. “ESSENTIAL CONTRACTUAL OBLIGATIONS” ARE OBLIGATIONS THE FULFILLMENT OF WHICH IS ESSENTIAL TO ENABLE THE PROPER IMPLEMENTATION OF THE CONTRACT AND THE ACHIEVEMENT OF ITS PURPOSE AND THE OBSERVATION OF WHICH YOU MAY THEREFORE GENERALLY RELY UPON.
13.3 GENERAL
NEXON IS NOT LIABLE FOR DISTURBANCES WITHIN THE NETWORK THAT ARE NOT CAUSED BY NEXON.
YOU ARE RESPONSIBLE FOR REGULARLY BACKING UP YOUR DATA. NEXON IS LIABLE FOR LOSS OF DATA IN ACCORDANCE WITH THE FOREGOING PARAGRAPHS ONLY TO THE EXTENT THAT SUCH A LOSS COULD NOT HAVE BEEN AVOIDED BY ADEQUATE BACKUP MEASURES BY YOU.
THE LIMITATIONS OF LIABILITY OF THIS SECTION 13 ARE NOT APPLICABLE TO ANY DAMAGE OF LIFE, BODY OR HEALTH, FOR BREACHES OF A GUARANTEE (GERMAN; “GARANTIE”), WHICH HAS TO BE EXPLICITLY DESIGNATED AS SUCH, OR FOR FRAUDULENTLY CONCEALED DEFECTS. LIABILITY UNDER THE PRODUCT LIABILITY ACT (GERMAN: “PRODUKTHAFTUNGSGESETZ”) REMAINS UNAFFECTED.
THE LIMITATIONS OF LIABILITY OF THIS SECTION 13 ALSO APPLY TO NEXON’S OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS.
14. Governing Law
These Terms and the relationship between you and us shall be governed by German law, excluding the CISG and any conflict of laws rules. The competent court to hear any dispute arising out of or in connection with this agreement is determined in accordance with applicable law.
15. Links
The Applications may contain links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by NEXON. We have not reviewed all of the web sites that are linked to the Applications, and we have no control over such sites. We are not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from such web sites is free of malicious code, viruses, worms, etc.
16. Miscellaneous
These Terms constitute the entire agreement between you and NEXON, and govern your use of the Applications.
These Terms supersede any prior agreements between you and us with respect to the Applications.
These Terms and the rights, benefits and obligations contained herein will be binding upon and inure to the benefit of our successors and assigns, provided however that we may not assign these Terms without your consent.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. However, for the avoidance of doubt, NEXON’s affiliates, representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
To the extent they concern user accounts, we may terminate these Terms for any or no reason at any time by notifying you through a notice on the Applications, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses hereunder. Upon termination of these Terms you will no longer have a right to access your account, your code, or your User Content, and you will delete or otherwise dispose of all copies of Applications in your possession. We will not have any obligation to assist you in migrating your data or your User Content and we may opt not to keep any backup of any of your User Content. We will not be responsible for deleting your User Content. Note that, even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content).
Upon termination of these Terms the following provisions will survive: 1, 4(except for the license granted to you with respect to the Applications), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16.
Definitions
“Content” à Data, information, materials, or content of any kind.
“Including” à “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
“Personal Information” à Any information concerning the personal and material circumstances of an identified or identifiable individual. This includes information like name, postal address, e-mail address or telephone number, but also usage date in some cases. Usage data are data required to use our website, for instance information about start, end and extent of website use as well as login data
“Post” à To upload, post, create, make available, send, share, communicate or transmit.
“Privacy Policy” à The policy available at Privacy Policy.
“Terms” à These terms and conditions, available at Terms, including the Privacy Policy, available at Privacy Policy.
“Applications” à Our communications tools, which may heretofore or hereafter be accessed by users through any medium or device now known or hereafter devised, including but not limited to communication tools such as websites, software, mobile games and applications. Unless explicitly stated otherwise, any new tools that alter or improve the current Applications shall be included in the definition of “Applications.”
“User Content” à Data, information, materials, code, or Content of any kind Posted by you or another user to or through the Applications.
Effective Date: [2015.03.17]
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The purpose of this Privacy Policy is to inform you about our information privacy practices and your privacy rights. Because the success of our Applications is dependent on building and maintaining goodwill with our users, we are committed to implementing measures designed to protect the privacy of those using the Applications (which term includes any NEXON websites; please see Definitions section for details). This Privacy Policy describes the types of information we collect; how we collect, use, and share the information; your choices related to our information practices; and how we protect your information.
The data controller for the purpose of data protection law is: Nexon Korea Corporation, 7, Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 463-400, also referred to herein as “NEXON”, “we” or “us”. Please feel free to address any questions or concerns regarding data protection/privacy to m-support@nexon.com.
Some terms used herein are defined in the last paragraph of the Privacy Policy. Please refer below for definitions.
You may be able to access third party services (including through links, advertisements, or other means), including social networks, such as Twitter, Facebook, and Google+, from our Applications. When doing so, please understand that those third parties have their own set of information practices. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third parties.
Declaration of Consent
Consenting to the collection, processing and use of your Personal Information pursuant to this Privacy Policy by placing a check mark means that you agree to:
§ The collection, storage, use and processing of your non-truncated IP address, MAC address and unique device identification ID by NEXON, for the purposes of providing and improving the game services, as stated in detail below in this paragraph: The information is used to monitor traffic on our websites and through our Applications, to troubleshoot technical problems and authenticate users' entitlements to our products, enforce our Terms, identify and fix software errors, should these occur, and to authenticate your software, verify license rights, to determine the applicable tax rate, to fulfill your requests, to provide advertising that is tailored to your interests, to analyze usage and performance of and improve our products and services, to provide software updates and dynamic content, to determine advertising conversion rates and otherwise provide services to you.
§ The collection, storage, use and processing of the following only for the purposes described below in this Privacy Policy: (i) information that you provide to us, such as your name, email address, and username, (ii) information regarding your mobile devices, such as your device type, the name of your mobile network and mobile provider, (iii) technical and usage information such as your browser type, interactions with users, usage statistics, and (iv) your purchase history.
§ The sharing of your Personal Information with third party service providers to the extent required for them to help us provide or improve the Applications.
§ The consolidation of Personal Information (as defined below in Section 11) with technical information about your system and hardware, to ensure that the Application works properly, for internal analysis, and to improve NEXON's services, resolve errors, to communicate with you, to enforce our Terms, to prevent fraud, to manage customer loyalty programs, to personalize your experience within the Applications and NEXON's services, and to provide you with satisfactory customer service.
§ The use of cookies to deliver content specific to your interests and to prevent you from reentering your username and password each time you access the Applications. You further agree that we collect information using cookies in order to analyze the usage of our Applications, for authentication purposes, and to improve and personalize the services we provide to you. Cookies may be delivered to your mobile device as part of your access to and use of our Applications. You may have the option to reject cookies, depending on the Application, your mobile device, and other factors, though rejecting cookies may impair certain functionalities offered from within the Application.
§ NEXON collecting, storing and using your contact information and social network profile information in order to send invitations to your social networking friends on your behalf when you use the according functionalities of any NEXON product or service.
§ NEXON sharing your game-related information, such as game ID and nickname, with third parties for the purpose of implementing and managing game-related events.
§ NEXON collecting and storing your location data and using it to provide location-based matching services.
§ NEXON sharing your profile, which will have your username and profile picture, as well as information about your uses and interactions with our Applications, for example your game results, scores, and profile information, with providers of social media sites to the extent you connect your accounts with our Applications.
§ The storage of all personal data that is collected, stored, used and processed according to this contract in the United States of America - complying with the Safe Harbor Principles -, the European Economic Area, South Korea, and/or Japan.
You know and agree that South Korea and Japan are countries in which there are no regulations in place granting an equal level of data protection as in Germany.
Of course, you can withdraw your consent at any time by terminating your NEXON Account (if you have such account) and ceasing use of NEXON's services. You may also revoke your consent in writing to NEXON Korea Corporation, 7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 463-400, or by sending an email to m-support@nexon.com.
Table of Contents
1. Information Practices Concerning Children
2. Types Of Information We Collect
3. How We Collect Information About You
4. How We Use The Information We Collect
5. Sharing Of Your Information
6. Your Choices
7. Security Of Your Information
8. Changes To Our Privacy Policy
9. Deletion/Rectification of Data
10. Contact Us
11. Definitions
1. Information Practices Concerning Children
Our Applications are not directed to children under the age of 14 and we do not knowingly collect Personal Information from children. If you are under the age of 14, please stop using our Applications. It is our policy not to knowingly solicit or permit children under the age of 14 to provide their Personal Information for any purpose.
We encourage parents and guardians to take an active role in monitoring their children’s use of the Applications. In the event that we learn that we have inadvertently collected Personal Information from children under the age of 14, we will make efforts to promptly delete the information.
2. Types Of Information We Collect
In part subject to your consent, we collect the following information, including both Personal Information and non-Personal Information:
· Information We Collect About You. When you use our Applications, we may collect and store information from you directly. For example, when you register with us, we may collect certain information from you, including your name, email address, username, nicknames and passwords, and social networking and open market usernames and information, including profile pictures. Once registered, you may also have the option of completing a user profile.
When you contact us, we also collect certain Personal Information in order to be able to respond to you.
· Your Contacts. We offer you the ability to locate, invite, and play games with your contacts. To do so, NEXON may request access to your address book or social networking accounts. We will ask you for your permission before we access and store your contacts.
· Your Device Information. When you use our Applications on your mobile devices, such as a phone or tablet, we may collect information regarding your devices, including your mobile unique device identifiers and Internet Protocol (IP) address. We may also collect the name you have designated for your device, the device type, the name of your mobile network and mobile provider, and the country from which you connect.
· Your Location. If you choose to use the location-based matching feature available in some of our Applications and give the Application the necessary permissions on your mobile device, we track your location.
· Technical and Usage Information. When you use our Applications, we collect technical and usage information such as your browser type, browser language, referring and exit URLs, platform type, interactions with other users, and usage statistics with the Applications, such as connection times and download records. For more information on how we utilize log files and cookies, please see Section 3, “How We Collect Information about You.”
· Download and payment information: We collect information on what games you download and payments you make to us.
3. How We Collect Information About You
We may collect information about you, your device, and your usage in a number of ways:
· When Provided Directly from You. As mentioned above, we collect information about you directly from you in certain circumstances, including:
o Account registration;
o Contest registration and prize acceptance;
o Customer support and/or technical service requests;
o Player match up and other head-to-head online competitions;
o Registration for games and/or special game-specific events;
o Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
o Creation of a personal profile;
o Product, service and/or subscription orders;
o Service requests from third party service providers made available to you as part of our Applications;
o Your accessing our products and/or services on social networks or other third party services; and
o Otherwise through use of our Applications and other online services where personal information is required for use and/or participation.
· When Communicated or Shared with Other Users. You may also participate in certain activities on our Applications that give you the opportunity to voluntarily communicate or share information with other NEXON users, such as Posting messages on a message board, Posting public comments to user profiles or games, sending private messages, sending invitations, and Posting photos. We may monitor, record and store these communications (except for any communication by private message) in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend NEXON’s rights and property. You consent to the recording, storage and disclosure of such communications you send or receive for these purposes.
· Through log files, cookies, and similar technological means. When you use our Applications, NEXON may collect information about your use and interaction with those Applications. The bulk of this information is collected and stored through the use of technological means like cookies, log files, and analytical measurements and tools.
o Cookies are small pieces of instruction stored on your hard drive or device, not on our Applications. Cookies may help you navigate the Applications as easily as possible, may allow you to customize your user experience in our Applications, or provide other means of enhancing the services we can deliver through our Applications. We may use cookies to deliver content specific to your interests and to prevent you from reentering your username and password each time you access the Applications. We collect information using cookies in order to analyze the usage of our Applications, for authentication purposes, and to improve and personalize the services we provide to you. Cookies may be delivered to your mobile device as part of your access to and use of our Applications. You may have the option to reject cookies, depending on the Application, your mobile device, and other factors, though rejecting cookies may impair certain functionalities offered from within the Application.
o Log files are small files that typically contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites and through our Applications, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event of user abuse of our websites or Applications, however, we use IP addresses or game system IDs provided by our licensed hardware manufacturers to exercise our right to block access to our websites or Applications. If available, IP addresses and game system IDs may be used in order to enforce our Terms
o We may also make use of the following analytic metrics tools to collect information when you use our games, services, and Applications: 5 Rocks SDK, AD-X SDK, Facebook SDK. You can opt out of such tracking technologies. Please refer to Section 6 (“Your Choices”) for detailed information on how to do that.
§ These tools and technologies use server log files and cookies to collect and analyze certain types of information, including IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, the name of your telecommunications company, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, click information, information about your device, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, advertising conversion rates, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on our websites or games, information about how your game is used, including game metrics and statistics, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information. Such information will be collected to allow us to analyze Application data and our provision of services to you.
§ Use of the analytics tools identified above may require the transmission and/or storage of information about you and your activities on services and devices not controlled by NEXON.
§ 5 Rocks collects the following information:
· Device Model
· Manufacturer
· Locale
· Time Zone
· OS Version
· Display Resolution
· Country Based on Network Provider
· Android ID (Android devices) / IDFV (Identifier for Vendor) (iOS devices), as applicable
· WiFi MAC Address (Android devices only)
· ADID (Advertising ID) (Android devices) / IDFA (Identifier for Advertiser) (iOS devices), as applicable
§ Use of Appsflyer, an analytics service, requires that only your ADID (Android) / IDFA (iOS) be transmitted and stored.
§ Facebook collects the following information:
· Operating system
· Hardware version
· Device configuration files
· Software name and type
· Battery and signal strength
· Device identifiers
· Device location
· Name of your telecommunications company or ISP
· Browser type
· Mobile number
· IP address
· Language
· Time Zone
§ Similarly, certain third party analytic tools identified above may allow the companies offering those tools to collect information on our websites or through our Applications for the purpose of analyzing game data. In such cases, information collected about you may be combined with information collected independently from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Such information is not subject to this privacy statement, nor is under the control of NEXON.
4. How We Use The Information We Collect
We may use the information we collect in the following ways:
· We use your Game ID, nickname, character name and other profile information you share to create your account, which allows you to play our games and communicate with other NEXON users;
· We use your IP address and other identifiers, including but not limited to your open market ID, and usage statistics to provide you with a customized or personalized experience;
· We use your contact information to provide you with technical support or to respond to your questions or comments;
· We use your contact information and profile information you share to identify and suggest connections with other NEXON users or to send invitations on your behalf to your social networking friends or contacts in your address book;
· We use your contact information, profile information you share, IP address and other identifiers, and usage statistics for legal purposes, for example to enforce our Terms or to prevent fraud or other illegal activities;
· We use your IP address and other identifiers and usage statistics as well as profile information you share to provide you with relevant and targeted or direct advertising from NEXON or third parties;
· We use your contact details to send you e-mails with useful updates or promotions about our Applications and other products and services;
· If you share it with us and consent to us doing so, we use your mobile phone number and/or other device information send you notifications (SMS, push, remote, or local) on your mobile device to provide you with useful information about our Applications and other products and services (to learn how you can manage the types of notifications you receive, follow the instructions under Section 6, “Your Choices”).
· We use location data only to provide you with the location-based multiplayer matching features available in some of our Applications, and not for any other purpose.
5. Sharing Of Your Information
It is our policy not to share your Personal Information with third parties for their own use except with the following parties or in the following circumstances. With respect to your non-Personal Information (such as anonymous, aggregated statistical data), we may share such information with third parties for various purposes, including for the purpose of explaining our user demographics or improving the quality or delivery of our services and the marketing materials available through the Applications. Although we will not share your Personal Information with third parties for the purpose of enabling third parties to send marketing materials to you about their products or the products of others, we may use third party advertisers (including Chartboost, AdMob, and Cauly) to deliver advertising within the NEXON mobile environment. We may share your non-Personal Information, including your operating system, country location, and Applications usage information with these third party advertisers for the purposes of delivering these advertisements. If you do not want us to share your Personal Information with the third parties set forth below for particular purposes as described, please see Section 6 below, Your Choices.
· Third Party Service Providers. We may use third party service providers, such as payment gateway companies, platform service companies, and analytics companies, to help us provide or improve the Applications we offer you. We may share your Personal Information with these third party service providers to the extent required so that they may provide their services to us. Such third parties are not allowed to use such information for any other purpose.
· Social Networking Users. Your profile, which will have your username and profile picture, may be visible to other third party social network users. In addition, your social networking friends may be able to see information about your uses and interactions with our Applications, for example your game results, scores, and profile information may be Posted on your Facebook Wall or on Twitter.
· Other NEXON Users. Some of your Personal Information (included in your profile and nicknames) may also be visible to other NEXON users, through the Applications or through related websites. Other NEXON users (both those who are your social networking friends and those who are not your social networking friends) may be able to view information about your uses and interactions, such as your game results, scores, and profile information.
· Legal Purposes. We may provide your Personal Information to third parties where we have a good faith belief that doing so is required by law or to cooperate with regulators or law enforcement authorities. We may also provide your Personal Information to third parties in order to protect the rights or property of a third party or NEXON, including enforcing our Terms.
· Health or Safety. We may share your Personal Information when we have a good faith belief that there is an emergency that poses a threat to the health or safety of you, another person, or the public generally.
· Sale or Merger. If NEXON is involved in a major business transition, such as a merger, acquisition by another company, or sale of its assets, we may transfer your Personal Information to the successor organization in such transition. If material changes to NEXON’s privacy practices will occur as a result of the business transition, we will amend the Privacy Policy and the Personal Information you previously submitted will continue to be treated pursuant to the last version of the Privacy Policy you agreed to unless you continue to use the Applications, which usage shall constitute consent to the new practices.
· Game Events. For some game related events, we may share information, including your profile and nicknames, with third parties.
6. Your Choices
NEXON provides you with a variety of choices to control the use and sharing of your information, including your Personal Information.
· Notifications (SMS, Push, Remote, and Local). We will only send you notifications with your consent. You can withdraw such consent effective for the future and thereby opt out of receiving notifications by following these steps: (1) Go to Menu; (2) Settings; (3) Push “off” under “Push Notifications”. When we receive an opt-out request from you, we may send you a message confirming our receipt of your opt-out request.
· Accessing Your Contacts. We offer you the ability to locate, invite, and play games with your contacts. To do so, NEXON may need to access your address book or social networking friends lists. We will ask you for your opt in permission before we access and store your contacts.
· Cookies. You may be able to manually delete HTML cookies and set your browser to refuse HTML cookies by going into your browser’s settings. Note though that doing so may affect your experience with our Applications.
· User Profiles. You can change and update information in your user profile at any time.
· Ads. Advertising associations offer methods (http://www.aboutads.info/choices/ and http://www.networkadvertising.org/choices/) by which you may be able to opt out of receiving behavioral advertising.
· Personal Information. You may at any time indicate that you wish us to stop processing your Personal Information (if such Personal Information is necessary for you to have an account, you will no longer be able to use the Game and may no longer be able to use other aspects of the Service).
7. Security of Your Information
Although we do not represent that we follow any particular, independent code of best practices, we maintain reasonable physical, electronic, and procedural safeguards to protect your information. For example, we protect some of your information by using a firewall and Secure Socket Layer (SSL) encryption.
While we take reasonable precautions against possible security threats, there is no such thing as “perfect security” on the Internet, so we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We strongly recommend that you take steps to maximize the security of your information, such as not sharing your login information and logging out of your account after you are done using our Applications.
We store your information in the United States, the EU, South Korea, Japan as well as other territories.
We will oblige any third parties who you authorize us to share your Personal Information with to comply with the terms of this Privacy Policy.
8. Changes to Our Privacy Policy
From time to time, we may make changes to this Privacy Policy. If we amend this Privacy Policy, we will notify you and other users by Posting a revised version of the Privacy Policy. Any changes to this Privacy Policy will take effect upon Posting on the effective date which is Posted at the bottom of this Privacy Policy.
9. Deletion/Rectification of Data
To the extent your data are no longer required for the aforementioned purposes, they are deleted. If you delete your NEXON Account, your profile will be entirely and finally deleted. To the extent data must be retained for legal reasons, they are blocked and will not be available for use.
You may request disclosure regarding your personal data that we are storing. You are also entitled to have any incorrect data corrected, and you have further rights to block or delete data. Please address any requests for such matters to m-support@nexon.com or write to us at the address stated above.
10. Contact Us
If you have any questions or concerns regarding our Privacy Policy or our information practices generally, you can e-mail us at m-support@nexon.com. We allow you to access and change or modify your information as previously provided. You may do so by accessing and modifying your information through the Applications. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or modifications.
11. Definitions.
“Applications” à Our communications tools, which may heretofore or hereafter be accessed by users through any medium or device now known or hereafter devised, including but not limited to communication tools such as websites, software, mobile games and applications. Unless explicitly stated otherwise, any new tools that alter or improve the current Applications shall be included in the definition of “Applications.”
“Including” à “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
“Personal Information” à Any information concerning the personal and material circumstances of an identified or identifiable individual. This includes information like name, postal address, e-mail address or telephone number, but also usage date in some cases. Usage data are data required to use our website, for instance information about start, end and extent of website use as well as login data.
“Post” à To upload, post, create, make available, send, share, communicate or transmit.
“Privacy Policy” à This policy available at Privacy Policy.
“Terms” à The terms and conditions, available at Terms of Service, and the Privacy Policy, available at Privacy Policy.
Effective Date: [2015.03.17 ]