MAPLESTORY WORLDS TERMS OF USE – EUROPEAN UNION/EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM ADDENDUM
Last Updated: January 16, 2025
This MapleStory Worlds European Union/European Economic Area and the United Kingdom Addendum (the “European Addendum”) is an addendum that is part of the MapleStory Worlds Terms of Service and End User License Agreement (“EULA”) and the MapleStory Worlds Creator Terms of Use (the "Creator Terms") between you and Toben Studio Inc., 2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America (“Toben”, "Us" or "We") that 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”). This European Addendum, the EULA, and the Creator Terms constitute a single integrated agreement. All capitalized terms not defined herein shall have the meanings ascribed to such terms in the EULA and Creator Terms.
If there is any inconsistency or conflict between the EULA, Creator Terms and this European Addendum, this European Addendum shall prevail.
I. INTRODUCTION. This European Addendum applies to Users that have their habitual place of residence in European Union/European Economic Area or the United Kingdom (collectively referred to as “Europe”). If you are a User in Europe, then this European Addendum will apply to you.
II. ADDITIONAL TERMS. The following terms shall only apply to Users that have their habitual place of residence in Europe:
A. Removal: As a deviation from Section II.F of EULA, the following shall apply.
(1) From time to time, We may need to deploy or provide patches, updates, additional content or other modifications (each, a “Change”) to the Services. We do so to maintain conformity of the Services or for other important operational reasons, e.g., to adapt the Services to a new technical environment or to an increased number of users, enhance online gameplay, add, update, or remove features, resolve software bugs.
(2) You hereby accept, recognize and understand that We may further develop, improve, patch, update, change, or limit the Services, its graphics, features, gameplay and any paid Services, including beyond what is necessary to maintain the paid Services or Services in conformity for other important operational reasons as described in Section II.A.(1) of this European Addendum above.
(3) Changes may include so called “nerfs" or "buffs” to paid Services or Services, including the paid Services or Services that you have already ordered. We will make such changes only if permitted by law and in accordance with the process required by law, and only if there is a valid and reasonable cause (for example, as described in Section II.A.(1) of this European Addendum above, or upon expiry of rights of use acquired by Us).
(4) We will do our best to make Services available to you. However, you acknowledge and accept that Services may have a limited lifecycle or that We may no longer be able to provide Services for business reasons or due to legal, technical, or other objective reasons. If We decide to stop providing Services, We will inform you reasonably in advance and we will comply with our legal obligations to you. If We have to stop providing Services for legal, technical, or other objective reasons, We will inform you in advance (unless immediate removal of Services is required) and We assume no liability except for the cases where such Services removal or closure is due to our fault or if otherwise required by the applicable law.
B. Withdrawal Rights:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from any contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us,
Toben Studio Inc.
2130 E Mariposa Ave., Box 866, El Segundo, CA 90245, United States of America.
https://playersupport.nexon.com/hc/de
of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form (if you reside in Sweden, you will find the Swedish Consumer Agency’s withdrawal form here), but it is not obligatory. You can also fill out and submit the model withdrawal form [or another clear statement electronically on our website Submit a request – MapleStory Worlds. If you make use of this option, we will send you confirmation of receipt of such withdrawal without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you under this contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You lose your right of withdrawal after the Services have been fully provided and if the provision has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the Services have been fully provided by us.
You hereby understand and 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. You will lose your right of withdrawal once the digital products have been made fully available to you by Us. If an account is permanently banned caused by any breaches of any contract by you, all content licenses, Virtual Items, Virtual Currency associated with the suspended account are forfeited.
C. Fees and Payment: As a deviation from Section VI of EULA, the following shall apply.
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, and all fees displayed are inclusive of VAT. 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. By clicking the "Complete Purchase" button on the checkout page, you authorize Toben to charge all sums as described in the EULA, 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. In Toben’s reasonable discretion, Toben may amend available payment methods from time to time. The Services may include functionality for activating, updating or canceling recurring payments for periodic charges.
D. Compatibility and Interoperability
Unless otherwise provided, the Services are compatible and/or interoperable with the third party applications and devices:
- for mobile phone and tablet: Apple iOS and Google Android
- for PC: Windows and Mac
E. Warranties and Liability
Sections IX.A, C and D of the EULA shall not apply, and Toben shall be liable for damages exclusively according to this Section. This Section survives termination of EULA, and Creator Terms of Use.
If Services are non-conforming, you may, if the conditions are met, (i) demand supplementary performance, (ii) as the case may be, withdraw from or terminate any contract or reduce the corresponding fee, and, subject to the applicable law, (iii) claim damages or reimbursement of futile expenses with the exception of Services that are offered by us free of charge.
(1) We bear unlimited liability for damages resulting from injuries to life, body and health resulting from the absence of a warranted characteristic or due to gross negligence or intent on our part, our representatives, employees or agents of Us.
(2) In cases of culpable violations of cardinal contractual obligations owing to slight negligence on our part, our liability is limited to the amount of foreseeable typical damages, save for the cases set forth in Sections (1), (2) or (4). In abstract terms, cardinal contractual obligations are such obligations as may (i) be needed for a contract’s proper fulfilment which makes the proper performance of a contract possible in the first place and (ii) on the fulfilment reasonably be relied upon by the contracting parties.
(3) If German law applies to you, We are also liable for (i) breach of a guarantee and in accordance with the German Product Liability Act (“Produkthaftungsgesetz”); and (ii) for the Services which are offered by us free of charge, we are only liable for damages caused intentionally or with gross negligence or for personal harm.
(4) Any other liability on our part of is expressly excluded to the maximum extent permitted by applicable law.
You agree not to use the Services for any commercial, business, or resale purposes except for when you use the Services as a Creator in accordance with the Creator Terms. We only supply the Services for domestic and private use except for when you use the Services as a Creator in accordance with the Creator Terms.
F. Governing Law and Jurisdiction; Dispute Resolution
If you are a User acting in your capacity as a consumer, outside of any trade, business, craft, or profession (e.g., as a Creator), and this European Addendum applies to you, Article XI and Article XII of the EULA shall not apply and shall not exclude or limit your recourse to the courts in your jurisdiction of residence.
If you are a User residing in Germany, German law shall apply and the jurisdiction of the courts of Germany is agreed.
If you are a User acting within your trade, business, craft, or profession (e.g., as a Creator), and this European Addendum applies to you, any disputes arising out of or in connection with the EULA, Creator Terms, or your use of the Services shall be brought before the International Chamber of Commerce (“ICC”) pursuant to ICC’s Rules of Arbitration, without recourse to the ordinary courts of law in your jurisdiction. The arbitral tribunal shall be comprised of three arbitrators. The seat of the arbitration shall be Berlin, Germany. The language of the arbitration shall be in English. The rules of law applicable to the proceeding shall be Germany without recourse to the provisions of international private law. The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the ICC, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute. This paragraph does not apply to “consumers” as defined in the EU Directive 2011/83/EU of the European Parliament and the Council.
The European Commission provides an Online Dispute Resolution website for EU consumers at https://ec.europa.eu/consumers/odr. We, however, do not participate in this platform.