MAPLESTORY WORLDS TERMS OF SERVICE AND END USER LICENSE AGREEMENT

 

Last Updated: January 16, 2025

These MapleStory Worlds Terms of Service and End User License Agreement (these “Terms”) are an agreement between you and Toben Studio Inc. (“Toben”, “Us” or “We”). These Terms govern the access to and use of the MapleStory Worlds Platform (the “Platform”) and various other features and services related to the Platform, including websites, mobile applications, forums, other interactive software products and services (collectively with the Platform, the “Services”) by all end users of the Services (“Users”).

When you use the Services, you agree to these Terms. You may not agree to these Terms if you are not legally allowed to, or if you are under 18 or under the age of majority in your country (“Minor Users”), which requires a parent or legal guardian (a “Guardian”) to agree to these Terms and allow you to use the Services. By permitting a Minor User to use the Services, the Guardian of the Minor User becomes subject to these Terms and agrees to be responsible for the Minor User’s activities on the Services. If any User (or a Minor User’s Guardian, as may be applicable) doesn’t agree to these Terms, that User may not use the Services.

Please review these Terms carefully before using the Services. We may change these Terms or modify, suspend, or terminate any features of the Services at any time in our sole discretion. We will notify you (including through notices provided through the Services) of any material changes to these Terms. By continuing to use the Services, you accept such changes to these Terms, which will take effect in accordance with our notice to you or as otherwise required by applicable law. In the event of termination of these Terms, the rights and duties of Toben and User to each other will terminate, except that Articles III, IV, IX through XIII and any other provisions of these Terms which by their nature are meant to survive expiration or termination will remain in effect.

PLEASE NOTE THAT SECTION XII 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.

The Privacy Policy is hereby incorporated into these Terms. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

 

  1. THE PLATFORM
  2. USE OF THE SERVICES
  3. CONTENT POSTED BY USERS
  4. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
  5. VIRTUAL CURRENCY AND VIRTUAL ITEMS
  6. FEES AND PAYMENT
  7. CODE OF CONDUCT
  8. THIRD-PARTY SERVICES, CONTENT, AND NETWORKS
  9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  10. INDEMNIFICATION
  11. GOVERNING LAW
  12. DISPUTE RESOLUTION
  13. MISCELLANEOUS
  14. CONTACT US
  15. COMMUNICATIONS & TEXT MESSAGES

 

I. THE PLATFORM

These Terms set forth the rules and guidelines that govern use of the Platform and the Services by Users, including Users who create and publish CGC (defined below) on the Platform (“Creators”) and Users to the extent using the Services in any capacity other than as a Creator (“Players”).  For the avoidance of doubt, an individual User may act as both a Creator and a Player. These Terms and the terms that Toben applies to Creators (the “Creator Terms”), govern, among other things, a Creator’s development of any digital content of any kind or nature that Creators upload to, create and publish on, or otherwise generate through or make available on the Services (“Creator Generated Content” or “CGC”) using resources We provide, and/or other resources that Users own or are licensed to use. Any Creator that has caused CGC to be on the Services is subject to the Creator Terms in addition to all other terms and conditions of these Terms.

 

II. USE OF THE SERVICES

  1. Limited License. Subject to these Terms, you may access and use the Services running operating systems on which the Services were designed to operate, on devices that you own or control (i) for your personal, non-commercial, entertainment use only, and (ii) when you use the Services as a Creator, for commercial purposes related to the sale of CGC, pursuant to the Creator Terms. Subject to your compliance with these Terms, Toben grants you a non-exclusive, limited, revocable, non-transferable license to use the Services. You may not modify (other than to the extent specifically enabled by the user interface of the Services), 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, sublicense or otherwise transfer your account nor any of the Virtual Items, Virtual Currency, CGC 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) without explicit, prior written consent obtained from Toben  You have no rights in or to the Services unless expressly granted to you under these Terms. Toben reserves the right to automatically rescind and terminate any licenses granted to you under these Terms if you breach any provision of these Terms.
  2. Additional Toben Terms. Some portions of the Services (including CGC) may be subject to and governed by additional terms, conditions, rules, or guidelines on permissible use provided by Toben (“Additional Terms”). We will make the 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. All such Additional Terms are hereby incorporated herein. If any of the covenants of these Terms conflict with any terms and conditions of the Additional Terms, the Additional Terms shall supersede these Terms with respect to the subject matter addressed in the Additional Terms.

The following Additional Terms apply to Users accessing the Services from the United Kingdom and the EU/EEA and are hereby incorporated herein:

 

Jurisdiction

Additional Terms [link]

United Kingdom, EU/EEA

European Union/European Economic Area and the United Kingdom Addendum
  1. CGC Terms. All of your transactions for the acquisition or use of the CGC hosted on the Platform are made solely between you and the Creator(s) of such CGC. Notwithstanding the prior sentence, the CGC and any transactions of the CGC, shall be governed by these Terms and the Creator Terms, except as otherwise prescribed by Toben or by applicable laws.
  2. 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, if you are a Minor User, your use of the Services is only with the permission and under the supervision of a Guardian that has reviewed and agreed to these Terms.
  3. Account Registration. 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 agree to provide only accurate and complete information, and promptly update this information. If you create an account or ID through an unusual or illegal route not established by Toben (such as a tampering or manipulating client software or application) you will forfeit your rights under these Terms. and Toben, at its sole discretion may cancel or terminate your agreement with Toben without any refund of content licenses or Virtual Currency. 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. You may not allow anyone else to use your account (except for Guardians in the case of a Minor User).

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 TOBEN. Absent prior written consent from Toben, which Toben may provide or withhold in its sole discretion, we will not recognize or allow the transfer of accounts between Users. You may not, and may not offer to, purchase, sell, gift, or trade any account. Any such attempt shall be immediately null and void and may result in the termination and forfeiture of the account. In response to a violation of these Terms by a User, Toben may, without derogation to any other rights and remedies (i) suspend or terminate the User’s account or access to the Services, and/or (ii) remove any content that the User has on the Services. Toben may terminate and delete any account and (unless prohibited by applicable law that cannot be waived) cause the User to forfeit all content licenses (including Virtual Items) and any Virtual Currency balances remaining in an account which has been dormant for more than one year or as may be required by applicable law.

  1. Removal. Toben has the right, in its sole discretion, to suspend the availability of, or remove from the Services, any content (including Virtual Items and CGC) without advance notice. Toben is not liable for any losses that result from such suspension or removal, and Toben is not required to refund any Virtual Currency or other funds that User has spent on any removed or suspended content.
  2. Updates. Toben may provide you with updates as they are made generally available by Toben in its sole discretion. You acknowledge and agree that Toben may provide updates to you remotely and automatically, including without limitation by accessing the device on which you use the Services. Any updates provided or made available by Toben are part of the Services and will be a part of these Terms.
  3. Restricted Features. Accounts of Minor Users may have some limited functionality with the consent of their parents or legal guardians. Toben provides parental controls to parents and legal guardians to ensure that Minor Users have a safe and appropriate experience. Parental controls allow for adjustments to the available content, chat-related features, and monthly purchase limits.
  4. Export Controls. You will abide by all applicable export laws and regulations when using the Services. 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.
  5. 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 under applicable law, which may not provide the same level of protection as the European Union/European Economic Area or your home country.
  6. User Environments. Toben may provide a live service user environment (“Live Service Environment”) and a separate test service environment (“Test Service Environment”). In the Test Service Environment, User is able check the impact of scheduled updates to the Live Service Environment and is available to all Users. The Test Service Environment may be available for a limited period of time prior to updates to the Live Service Environment and may open and close irregularly in accordance with the update schedule. Toben may, for the purpose of stability of the Live Service Environment and Test Service Environment, take measures such as changes, modifications, additions, deletions of the usage data during the Test Service Environment and the data in the Test Service Environment may be initialized at the end of the Test Service Environment provision period. Toben is not obligated to restore such data. The Live Service Environment data is not linked to the Test Service Environment and some functions such as purchasing and using World Coin, registering and purchasing Creator avatar products are disabled in the Test Service Environment.

 

III. 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 (inclusive of CGC, “User Content”). For additional terms applicable to Creators and CGC on the Platform, see the Creator Terms.

You represent and warrant that the User Content that you post or transmit will not:

A.   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, these Terms, or any third party’s right of privacy or publicity.

B.   Promote unauthorized sweepstakes or contests, any lottery, or any gambling of any type.

C.   Post or encourage hate speech, discriminatory language, obscenities or disruptive language.

D.   Threaten or harass (including doxing) another User or Toben representative, regardless of language used.

E.    Prevent or impede other Users from finding information related to the Services.

F.    Facilitate or promote conduct that in the sole discretion of Toben involves or encourages illegal content, pornography, advertisements, piracy, self-harm or harm of others, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).

G.   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 Toben 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, Toben 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 Toben and its Affiliates (as defined below) 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, transform, 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 Toben’s and other Users’ use and enjoyment of User Content in connection with the Services. The license grant to Toben, and the above waiver of any applicable moral rights, survives any termination or expiration of these Terms. "Affiliate" as to Toben, means any other entity that, directly or indirectly through one or more intermediaries, is in control of, is controlled by, or is under direct or indirect common control with Toben. For purposes of this definition, "control" of an entity means the power, directly or indirectly, either to (a) vote 10% or more of the securities having ordinary voting power for the election of directors (or persons performing similar functions) of such entity or (b) direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract or otherwise.

 

IV. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT

  1. Toben IP. The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements comprising or made available through (including for use in CGC) the Services (including any updates thereto) (“Toben IP”) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. All Toben IP is the property of Toben and Toben’s licensors. Except as allowed in these Terms, you may not use any Toben IP contained in the Services unless you get separate permission from the IP owner. Toben reserves all rights to the Toben IP not granted in these Terms.
  2. Trademarks. Toben 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 prior written consent from Toben or the IP owners (if not owned by Toben).
  3. Third Party Software. 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, Toben may collect additional information, as described in the 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 Privacy Policy.
  4. Feedback. Toben is always pleased to hear from our Users 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. You hereby assign all right, title and interest in the Feedback to Toben. This means that if you provide Feedback to Toben, 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. Toben does not return or regularly acknowledge Feedback We receive, and does not have any obligation related to your Feedback.
  5. Third Party Infringement. 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:

If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. 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 terminate the privileges of Users who repeatedly infringe intellectual property laws.

 

Designated

Agent

Toben Studio Inc.

2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America.

 

V. VIRTUAL CURRENCY AND VIRTUAL ITEMS

  1. Introduction. While using the Services, you may have the opportunity to visit online and in-game stores where you can obtain World Coin (as defined below) and use World Coin and Reward Coin (as defined below) (collectively, “Virtual Currency”) to access digital, in-game items in the Platform (“Virtual Items”) as may be offered from time to time, and which may include early access to games still in production. Toben also may make Free World Coin (as defined below) or Reward Coin available to you in connection with your use of the Services. Your receipt of Virtual Currency, Virtual Items, and World Coin (Paid and Free) grants you only a license to use such Virtual Currency, Virtual Items, and World Coin (Paid and Free) on the Platform.
  2. World Coin. “World Coin” is the official currency of the Platform and is classified into two categories: Paid World Coin and Free World Coin (collectively, the “World Coin”). “Paid World Coin” means the official currency of the Platform which may be acquired by a User through a payment made directly by such User via the payment methods provided by the Platform. “Free World Coin” means the official currency of the Platform which may be acquired by a User through means other than the direct payment such as through promotional events or free distribution provided by the Platform. World Coin can be used by Users to pay the fees to register the CGCs to the Platform or acquire things like Virtual Items and CGC on the Platform. World Coin does not have any value in real currency, which means it is not a substitute for real currency and does not earn interest. World Coin can never be redeemed by Players for any other currency and Toben is not obligated to exchange World Coin for anything else of value.
    1. License to Use. When you obtain World Coin, you receive only a limited, non-refundable, non-transferable (except as specifically set out in the Creator Terms), revocable license to use World Coin only for your personal entertainment, in connection with the Services, and in the ways permitted by Toben in the applicable Terms. Your license to use World Coin will end when these Terms or your account terminates, or in any other way outlined in these Terms. In the event that a User holds  Free World Coin and Paid World Coin and acquires Virtual Items or CGC, Toben will deduct Free World Coin first, and will not deduct the User’s  Paid World Coin until the User has no Free World Coin remaining.
    2. Acquisition. You may get a limited license to use World Coin: (i) by purchasing the Paid World Coin or otherwise receiving the Free World Coin from Toben; or (ii) through other ways that Toben may sometimes offer. You may not purchase more than $2,000.00 of Paid World Coin in a single transaction, and may not purchase $10,000.00 or more of Paid World Coin in a single day. Upon reaching the daily transaction limit, Toben will bar you from purchasing any additional Paid World Coin for the remainder of that day.
    3. Non-Refundable. All payments for World Coin are final and not refundable, except as required by law. You may not use or distribute World Coin except through the Services and as expressly allowed by Toben. Any use or attempted use of World Coin in violation of these Terms will be immediately void (i.e., automatically cancelled) and may result in immediate termination of your account and of your right to use World Coin. Toben does not recognize or take responsibility for third-party services that allow Users to sell, transfer, or otherwise use World Coin and any such use by a User is a violation of these Terms and may result in a permanent ban from the Services.
    4. Changes. Toben may put limits on World Coin (e.g. how much you can acquire) or take steps that may change the perceived value of World Coin (e.g. lowering the cost to buy them) at any time. Certain minimums may apply to purchases of World Coin, and certain maximums may apply depending on your transaction method. Toben reserves the right to change the minimum and maximum amounts applicable to World Coin purchases at any time without notice, consistent with applicable law. Except for the limited licenses granted in these Terms, Toben has and retains all rights in World Coin. This includes the right to modify, revoke, or terminate your license to use World Coin without notice, payment, or liability to you. Toben does not make any guarantees regarding World Coin, or their availability, quality or value, and at no time will World Coin have a 1:1 equivalency to the US dollar or any other fiat currency.
  1. Reward Coin. “Reward Coin” is a currency given out on the Platform to Users as a reward and can be used to acquire things like Virtual Items and CGC on the Platform. Reward Coin does not have any value in real currency, which means it is not a substitute for real currency and does not earn interest. Reward Coin can never be redeemed by Users for any other currency and Toben is not obligated to exchange Reward Coin for anything else of value.
  2. Lootboxes or Games of Chance. In some instances, CGC could include a game of chance or a lootbox (“Lootboxes”). When you interact with Lootboxes, you know you will receive an item within the game, but you don’t know exactly which item you will receive. Regarding Lootboxes, Toben follows the following principles:

                     i.        Content Probability Disclosure. Lootboxes and CGC games of chance must disclose upfront the probability associated with the purchase. The CGC Creator is solely responsible for providing accurate probabilities associated with any Lootbox within any CGC, and must promptly notify Toben of any failure to do so.

                    ii.        Limited Availability. Items awarded from Lootboxes and CGC games of chance must also be available through other means within the game.

  1. Goods or Services. VIRTUAL ITEMS, INCLUDING VIRTUAL ITEMS EXCHANGED FOR PREPAID PAYMENT INSTRUMENTS, ARE REGARDED AS GOODS OR SERVICES, AND ARE NOT PREPAID PAYMENT INSTRUMENTS. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL ITEMS OBTAINED WITH VIRTUAL CURRENCY.
  2. 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), fees and taxes then in effect when such charges occurred.
  3. Pricing; Changes; Fulfillment. 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 Toben’s express acceptance of your order. Toben may change the pricing for the Services at any time consistent with applicable law. Toben reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to order fulfillment. 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.
  4. Payment Methods. Different payment methods, such as credit card, direct debit, PayPal, Nexon Game Card, etc., may be available to you when obtaining the Paid World Coin through the Services. When you use third-party payment and billing providers, such as PayPal or Tipalti, 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 Toben. 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.
  5. Expiration. Virtual Items may expire. Each Virtual Item that you obtain using Virtual Currency or points will be included in your account until the earlier of the Virtual Item’s expiration date, termination or expiration of your account, these Terms, or the Services. Price and availability of Virtual Items are subject to change without notice, consistent with applicable law.
  6. Japan. 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.
  7. Miscellaneous. Notwithstanding these Terms, the laws in your country may apply to the purchase of virtual goods and services supplied by Toben 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.

 

YOU UNDERSTAND AND AGREE THAT TOBEN WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY(INCLUDING THE FREE WORLD COIN OR REWARD COIN) OR VIRTUAL 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, THE UNITED KINGDOM, NEW ZEALAND OR OF AUSTRALIA 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 (INCLUDING VIRTUAL ITEMS) AND VIRTUAL CURRENCY ASSOCIATED WITH THE SUSPENDED ACCOUNT ARE FORFEITED. TOBEN 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. TOBEN RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, ALTER OR TERMINATE ALL OR ANY PART OF THE FREE WORLD COIN OR REWARD COIN. UNDER NO CIRCUMSTANCES SHALL TOBEN BE OBLIGATED TO PROVIDE REIMBURSEMENT OR COMPENSATION FOR ANY PORTION OF THE FREE WORLD COIN OR REWARD COIN, EXCEPT EXPRESSLY REQUIRED BY APPLICABLE LAWS.  

 

VI. FEES AND PAYMENT

Access to the Services, or to certain features of the Services, may require you to pay fees. Fees are also charged for purchases of Virtual Currency or other content through the Services. Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. If Toben changes the fees for the Services, including by adding additional fees or charges, Toben will provide you advance notice of those changes. If you do not accept the changes, Toben may discontinue providing the Services to you, in whole or in part. Toben or its payment processor will charge the payment method you specify at the time of purchase. You authorize Toben to charge all sums as described in these Terms, for Virtual Currency, CGC, Virtual Items and other Services you select, to that payment method. If you pay any fees with a credit card, Toben may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The Services may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Services, you authorize Toben to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Services to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect. 

 

VII. CODE OF CONDUCT

You will not use the Services in any manner that, in Toben’s sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with Toben’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:

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 these 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, Toben assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.

 

VIII. THIRD-PARTY SERVICES, CONTENT, AND NETWORKS

The Services may be made available to you through third parties, including Toben’s Affiliates and third-party services, such as the Apple App Store or Google Play, and 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 or content. 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 or content is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will Toben be responsible or liable in connection with your reliance on or use of third-party services or content.

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.

 

IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. “AS IS”. TOBEN AND ITS AFFILIATES, DEVELOPERSAND 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. TOBEN AND ITS AFFILIATES, 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.
  2. CGC Disclaimer.  Except as may be required by applicable law, Toben and its Affiliates are not liable for, nor is Toben obligated to screen, approve, edit or control, CGC that Creators upload or otherwise make available on the Services. Toben may, however, at any time and without prior notice or obligation to you, remove, edit, block or suspend the availability of any CGC that Toben deems to violate these Terms or is otherwise objectionable. You understand that when using the Services, you will see CGC from a variety of sources and understands that CGC could be inaccurate, offensive, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy that you have or may have against Toben and its Affiliates regarding CGC. If notified by a User or content owner that CGC allegedly violates these Terms, Toben may investigate and decide whether to remove the CGC (which Toben can do at any time and for any or no reason, without notice). Toben and its Affiliates are not responsible for any CGC, whether or not Toben has reviewed, moderated, or promoted such CGC. You agree that you bear all the risks associated with using or relying on CGC. Toben and its Affiliates do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any CGC related thereto, regardless of who authored or developed such CGC. Toben and its Affiliates hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to such CGC. You agree that Toben and its Affiliates will not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any CGC.
  3. No Consequential Damages; Monetary Cap. YOU SPECIFICALLY AGREE THAT IN NO EVENT WILL TOBEN, ITS AFFILIATES, REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, OR AGENTS BE LIABLE FOR ANY 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 TOBEN AND ITS AFFILIATES 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 DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  4. CGC Warranties and Support. Toben offers NO WARRANTIES OR SUPPORT for CGC or other third-party products or services, whether or not they are promoted by Toben or otherwise certified by Toben for use with the Services. Any and all warranty and support obligations with respect to your use of CGC are owed solely by the Creators of the applicable CGC. Accordingly, if you wish to make a warranty claim or support request with respect to CGC, you should first contact the Creator of the CGC, to attempt to resolve the issue directly before contacting Toben. If, at least seven (7) days after your initial request for the Creator’s assistance, the Creator of the CGC has not responded to your request for assistance or you have otherwise been unable to resolve the dispute, then you may escalate the issue to Toben’s support team by emailing support@maplestoryworlds.com, and We may, in our sole discretion, try to help you resolve your dispute with the Creator. Please include in your initial request as much additional information as you can about the issues you are having with the CGC and the steps you have taken to resolve the issues directly with their Creator(s) before referring the issue to Toben support. The time it takes Us to respond to your request will depend on the number of open support cases at the time of your request and your and the Creator’s responsiveness to our requests for additional information and assistance. If you refuse to provide such information and assistance, We may be unable to help you resolve the dispute.

 

X. INDEMNIFICATION

You agree to indemnify, defend and hold Toben, along with its Affiliates, 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 (including the creation of any CGC), any alleged infringement or misappropriation of any intellectual property rights by you, and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which We are entitled to indemnification under this section without limiting your indemnification obligations with respect to that matter. In such event, you shall provide Us with such cooperation as We reasonably request. You may not enter into any settlement or compromise of any such claim without Toben’s approval, which shall not be unreasonably withheld or delayed.

 

XI. GOVERNING LAW

Except as set forth in the Additional Terms applicable to Users in the United Kingdom and the EU / EEA referenced in Section II.B above, these Terms shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State, irrespective of its conflicts of law principles.

 

XII. DISPUTE RESOLUTION

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, Toben 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:

  1. 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.
  2. Binding Arbitration. Any 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.
  3. Exceptions to Arbitration. You and Toben agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
  1. 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. The arbitrator may not, on his or her own, consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  2. 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.
  3. 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.
  4. 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.
  5. Location of Arbitration. You agree that the arbitration will occur in a reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbiter.
  6. Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed. If a Dispute isn’t filed within one year, it’s permanently barred.
  7. 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.
  8. Severability. If these Terms 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 the state or federal courts located in the state of California.

 

XIII. MISCELLANEOUS

  1. 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.
  2. Relationship of Parties. You agree that you and Us are independent contractors, and 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.
  3. Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of these 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.
  4. 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 Toben. Toben 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.
  5. Captions and Headings. The captions and section and paragraph headings used in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.
  6. 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 these Terms or respond to any violations.

 

XIV. CONTACT US

If you have questions about these Terms, please contact Us as follows:

support@maplestoryworlds.com

 

XV. COMMUNICATIONS & TEXT MESSAGES

The communications between you and Toben use electronic means, whether you use the Services or send Us emails, or whether We post notices on the Services or communicate with you via email. For contractual purposes, you (a) consent to receive communications from Toben in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Toben provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights, if any.

 

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.


▶ TÉRMINOS DE SERVICIO Y ACUERDO DE LICENCIA DE USUARIO FINAL DE MAPLESTORY WORLDS

▶ MAPLESTORY WORLDS – NUTZUNGSBEDINGUNGEN UND ENDBENUTZER-LIZENZVERTRAG