Terms of Service and End User Agreement


Effective Date: 2024.07.01

 

These Terms of Service and End User License Agreement (the “Terms”) are an agreement between you and the contracting entity specified in Section IX (collectively, “Nexon”). They govern your access and use of the websites, games, mobile apps, and other interactive software products and services that we operate and that link to these Terms (collectively, our “Services”).

Please review these Terms carefully before using the Services. We may change the Terms or modify, suspend, or terminate any features of the Services at any time in our sole discretion consistent with applicable law. We will notify you (including by posting the updated Terms on the Services) of changes to these Terms. By continuing to use the Services, you accept such changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.

PLEASE NOTE THAT SECTION X CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.

YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

 

I. USE OF THE SERVICES
II. CONTENT POSTED BY USERS
III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
IV. VIRTUAL CURRENCY AND VIRTUAL ITEMS
V. CODE OF CONDUCT
VI. THIRD-PARTY SERVICES, CONTENT, DEVICES, AND NETWORKS
VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
VIII. INDEMNIFICATION
IX. GOVERNING LAW AND CONTRACTING ENTITY
X. DISPUTE RESOLUTION
XI. MISCELLANEOUS
XII. CONTACT US

COMMUNICATIONS & TEXT MESSAGES (Updated 24 June 2021)

XIII. SUPPLEMENTAL TERMS FOR THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM (“UK”)

 

I. USE OF THE SERVICES

Limited License. Subject to these Terms, you may access and use the Services running operating systems on which the Services were designed to operate for your personal, non-commercial, entertainment use only. The Services are licensed, not sold, to you on a limited, revocable, non-sublicensable, nontransferable, and non-exclusive basis. You may not modify, copy (except for a single backup copy and transient copying required to operate the Services), distribute, transmit, display, perform, reproduce, publish, create derivative works from or adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Services or any portion thereof. Without limiting the generality of the foregoing, you agree that you have no right to sell or otherwise transfer any of the virtual items, virtual currency, points, or any other content or information from the Services, in whole or in part, on internet auction sites (such as eBay or IGE), hack sites, private server sites, gold farming sites, or any other third-party sites or services or in return for anything of value (whether real money or otherwise). You have no rights in or to the Services unless expressly granted to you under these Terms. Your license is automatically rescinded and terminated if you breach any provision of the Terms.

Additional Terms. Some of the Services are subject to and governed by additional terms, conditions, rules, or guidelines on permissible use (“Additional Terms”). We will make these Additional Terms available to you through the applicable service, in which case your acceptance of such Additional Terms is required before you may use the applicable service. If any of the covenants of this agreement conflict with any terms and conditions of Additional Terms, the Additional Terms shall supersede this agreement with respect to the subject matter addressed in the Additional Terms.

Eligibility. You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children under 13 (or as defined under applicable law) may not register for an account and may not provide any personal information to Nexon or others through the Services, without parental consent.

Account Registration. Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. When creating an account, you will provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services. You will uninstall and delete the Services before transferring any device on which they are installed. You will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NEXON. We do not recognize or allow the transfer of accounts between players. You may not, and may not offer to, purchase, sell, gift, or trade any account. Any such attempt shall be null and void and may result in the termination and forfeiture of the account. Any account which has been dormant for more than one year may expire and be deleted.

Updates. Nexon may provide you with updates as they are made generally available by Nexon in its sole discretion. You acknowledge and agree that Nexon may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Nexon are part of the Services and will be subject to these Terms.

Export Controls. You will abide by all applicable export laws and regulations when using the Service. The Services, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or subject to EU or EU member state financial or other sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Cross-border Transfers. By accepting these Terms you understand and agree that performance of these Terms and provision of the Services may require transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as your home country.

 

II. CONTENT POSTED BY USERS

You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips/screenshots (“User Content”).

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

  • Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.
  • Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.
  • Prevent or impede other users from finding information related to the Services.
  • Facilitate or promote conduct that in the sole discretion of Nexon involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).
  • Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.

You acknowledge and agree that Nexon may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Nexon assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.

You hereby grant Nexon a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Nexon’s and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Nexon, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.

 

III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT

The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Nexon and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. Nexon owns and shall retain all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.

Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). In the event that we detect any Unauthorized Third-Party Software, Nexon may collect additional information, as described in the Nexon Privacy Policy including without limitation your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms in accordance with the Nexon Privacy Policy.

Nexon is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Nexon, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Nexon does not return or regularly acknowledge Feedback we receive, and does not have any obligation related to your Feedback.

We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may notify our Designated Agent by contacting us as specified below by providing the following information in writing:

  • Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
  • Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. Where necessary and permitted by applicable law, we may provide them with your contact information, including email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We may terminate the privileges of users who repeatedly infringe intellectual property laws.

 

Game Publisher

Designated Agent

NEXON Co., Ltd.

NEXON Co., Ltd.
Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032, Japan

NEXON America Inc.

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

NA_nx_legal@nexon.com

NEXON Korea Corporation

NEXON Korea Corporation

7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 13487
m-support@nexon.com

Embark Studios AB

Embark Studios AB

Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden

copyright@embark-studios.com

 

IV. VIRTUAL CURRENCY AND VIRTUAL ITEMS

While using the Services, you may have the opportunity to visit online and in-game stores where you can obtain and use Nexon’s virtual currency and digital, in-game items (including early access to games still in production, as may be offered from time to time). Nexon also may make points available to you in connection with your use of the Services.

VIRTUAL CONTENTS, INCLUDING VIRTUAL CONTENTS EXCHANGED FOR PREPAID PAYMENT INSTRUMENTS, ARE REGARDED AS GOODS OR SERVICES, AND ARE NOT PREPAID PAYMENT INSTRUMENTS. Virtual currency and points have no “real-world” value but may be exchanged for in-game items. Items from such stores are not purchased by you, but rather are licensed to you under these Terms. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.

Any prices, quotations and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before Nexon’s express acceptance of your order. The prices made or referred to on our Services are the total price, inclusive of taxes. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of the Services on your device at the price(s) in effect when such charges occurred. Nexon may change the pricing for the Services at any time consistent with applicable law. Nexon reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. If that happens, and you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.

Different payment methods, such as credit card, direct debit, PayPal, Nexon Game Card, etc., may be available to you when obtaining virtual currency through the Services. When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. It is your obligation to pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from Nexon.

Certain minimums may apply to purchases of virtual currency, and certain maximums may apply depending on your transaction method. Nexon reserves the right to change the maximum and minimum amounts applicable to virtual currency purchases at any time without notice, consistent with applicable law.

YOU UNDERSTAND AND AGREE THAT NEXON WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR DIGITAL, IN-GAME ITEMS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. FOR RESIDENTS OF THE EEA OR OF THE UNITED KINGDOM ONLY: YOU AGREE TO IMMEDIATELY RECEIVE THE DIGITAL PRODUCTS, INCLUDING VIRTUAL CURRENCY, DIGITAL IN-GAME ITEMS AND ANY OTHER VIRTUAL CONTENTS, AND TO WAIVE YOUR CANCELLATION AND REFUND RIGHT ONCE THE DOWNLOAD OR STREAMING OF THE DIGITAL PRODUCT HAS BEGUN. If an account is permanently banned, all content licenses and virtual currency balances associated with the suspended account are forfeited. Nexon will have no obligation or responsibility to and will not reimburse you for any virtual currency, points, items, or experience lost due to your violation of these Terms.

Items may expire. Each item that you obtain using virtual currency or points will be included in your account until the earlier of the item’s expiration date, termination or expiration of your account, these Terms, or the Services. Price and availability of items are subject to change without notice, consistent with applicable law.

We may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or SMS/phone billing cannot be processed or is returned to us unpaid or refunded and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We are not responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item or to refuse to provide you with any item. You may be required to verify your transaction information prior to our acceptance thereof.

Notwithstanding these Terms, the laws in your country may apply to the purchase of virtual goods and services supplied by Nexon to you and you may have rights or remedies as set out in such laws that apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms.

As for the Services provided in Japan, only virtual contents or in-game items that are shown as Prepaid Payment Instruments on the websites titled “Representation in accordance with the Payment Services Act in Japan” or “Prepaid Payment Instruments” shall be deemed as “Prepaid Payment Instruments” under the Payment Services Act in Japan. All other virtual contents or in-game items to be exchanged for by such “Prepaid Payment Instruments” are considered to be goods or services delivered in the game and are not considered as “Prepaid Payment Instruments” under the Payment Services Act. Unless otherwise provided for under the said Act, any “Prepaid Payment Instruments” shall not be refunded.

 

V. CODE OF CONDUCT

You will not use the Services in any manner that, in Nexon’s sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with Nexon’s or any others’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:

  • Using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or on servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology.
  • Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services.
  • Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your statements or actions are endorsed by Nexon.
  • Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein.
  • Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.
  • Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • Hosting, providing, or developing matchmaking services for the Services without Nexon’s prior written approval or creating, using, or maintaining any unauthorized connections to the Services.
  • Intercepting, emulating, or redirecting the communication protocols used by Nexon or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.
  • Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or Nexon’s systems or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.
  • Using macros, auto-looting or robot play, or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence.
  • Creating more than one account within twenty-four hours or more than five accounts within thirty days, or otherwise exceeding your authorized access to any portion of the Services or any database, computer, or device.
  • Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).
  • Engaging in conduct that is harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, intimidating, discriminatory, violent or encouraging of violence (including self-harm), stalking, sexually explicit, or otherwise objectionable in Nexon’s sole discretion, including without limitation looting, kill stealing, making sexual comments, or cursing.
  • Selling, advertising, or posting information on hacks, private servers (including sources thereof), or gold farming for the Services.
  • Creating, utilizing, or transacting in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug.
  • Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.
  • Engaging in any other conduct that, in Nexon’s sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security or attempts to disrupt or undermine the operation of the Services may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

WE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. If your account is suspended while you are participating in a tournament or competition, Nexon assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.

 

VI. THIRD-PARTY SERVICES, CONTENT, DEVICES, AND NETWORKS

The Services may be made available to you through third-party services, such as Apple iTunes or Google Play, or devices, such as third-party consoles. The Services also may link to or include third-party services or content (including without limitation User Content posted in forums). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content, or devices. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Services. Use of any third-party services, content, or devices is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will Nexon be responsible or liable in connection with your reliance on or use of third-party services, content, or devices.

When using our Services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Services, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Services.

If the Services are being made available to you through the PlayStation™Store, the following additional terms will apply to you:

A.    For purchases in PlayStation™Store in North America:

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

B.    For purchases in PlayStation™Store in Europe:

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

For purposes of the foregoing Sections VI.A and VI.B, (i) “item,” “items,” and “content” mean the Services, and any virtual items, virtual currency, points, or any other content or information from the Services, the access and use of which is governed by these Terms notwithstanding anything to the contrary, (ii) “online service” means the PlayStation™Store, and (iii) “Network Terms of Service and User Agreement” means the PlayStation™Network Terms of Service and User Agreement that governs your purchases in the PlayStation™Store. In the event of any conflict between the Network Terms of Service and User Agreement and these Terms regarding your access and use of the Services, these Terms will control. 

 

VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

You specifically agree that in no event will Nexon, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers, or agents be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, whether based on contract, tort, negligence, strict liability, or otherwise even if we have been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF NEXON FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ACCESS THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

VIII. INDEMNIFICATION

You agree to indemnify, defend and hold NEXON, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

 

IX. GOVERNING LAW AND CONTRACTING ENTITY

Without regard to principles of conflicts of law, you agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence. To the fullest extent permitted by law, you agree that these Terms will be construed in accordance with, and were entered into under, the laws of the country specified in the table below, based on which NEXON entity provides the relevant Services. Where these Terms apply to games published by NEXON Co., Ltd. and its subsidiaries and affiliates, NEXON Co.,Ltd. is the contracting entity and these Terms are an agreement between you and NEXON Co., Ltd., except where these Terms apply to games published by Nexon subsidiary Embark Studios AB (“Embark”).  Where these Terms apply to games published by Embark, Embark is the contracting entity and Game Publisher.   Except as otherwise provided for in Section X, you agree to submit to the personal and exclusive jurisdiction of the courts located within the specified forum:

 

Game Publisher.

Governing Law

Forum

NEXON Co., Ltd.

Japan

Tokyo District Court

Nexon America Inc.

California, USA

State or Federal Court within the County of Los Angeles, California

Nexon Korea Corporation

Korea

Seoul Central District Court of Korea

Embark Studios AB

 

Governing law and forum will be determined based on your country of residence:

EEA or UK Residents

See Section XIII below

See Section XIII below

Korean Residents

Korea

Seoul Central District Court of Korea

Japanese Residents

Japan

Tokyo District Court as forum

Residents of United States and all other countries not listed above

California, USA

State or Federal Court within the County of Los Angeles, California

 

X. DISPUTE RESOLUTION

This Section X does not apply to residents of Japan, the United Kingdom, or the European Economic Area.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

In order to expedite and control the cost of disputes, Nexon and you both agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

Notice of Dispute. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute by mail and email to us at the mailing and email addresses provided in the Contact Us section. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.

Small Claims Court. You may choose to litigate any Dispute in small claims court (or the equivalent) in the Forum specified in Section IX, if the Dispute meets all the requirements to be heard in small claims court.

Binding Arbitration. If the Dispute is not resolved in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act or any other applicable law. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Exceptions to Arbitration. You and Nexon agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nexon’s intellectual property rights.
  • Any claim for injunctive relief.
  • Any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf.

Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Arbitration Procedures. Any arbitration will be conducted by the Judicial Arbitration and Mediation Service (“JAMS”) under the applicable Consumer or Commercial Arbitration Rules in effect at the time the Dispute is filed. If JAMS is unavailable or unable to conduct an arbitration of the Dispute, an alternative arbitration service provider will be mutually agreed upon by both parties. You may request a telephonic or in-person hearing by following the JAMS rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award relief only to you individually, and only to the extent required to satisfy your individual claim.

Arbitrator’s Jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.

Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If we file, we pay. If you file, you pay unless you get a fee waiver under the applicable arbitration rules. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Location of Arbitration. You agree that the arbitration will occur in the following location:

Game Publisher

Arbitration Forum

Nexon America Inc.

A reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbitrator.

Nexon Korea Corporation

A reasonable location in South Korea, as agreed to by both parties, or, if necessary, as determined by the arbitrator.

Embark Studios AB

For residents of South Korea, reasonable location in South Korea, as agreed to by both parties, or, if necessary, as determined by the arbitrator.

For residents of all jurisdictions other than the EEA, UK, Japan, and South Korea, in reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbitrator.

Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under this agreement must be filed within one year in small claims court or in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed. If a Dispute is not filed within one year, it is permanently barred.

Temporary Injunctive Relief. Before the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.

If this agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to your use of the Services or these Terms shall be commenced and heard in accordance with Section IX.

 

XI. MISCELLANEOUS

Entire Agreement. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.

Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Nexon. Nexon may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

Captions and Headings. The captions and section and paragraph headings used in the Terms are inserted for convenience only and shall not affect the meaning or interpretation of the Terms.

Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.

 

XII. CONTACT US

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

Publisher

Contact Information

NEXON Co., Ltd.

Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032

privacy@nexon.co.jp

Nexon America Inc.

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

Contact Us

Nexon Korea Corporation

7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea, 13487

m-support@nexon.com

Embark Studios AB

Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden

https://embark-studios.helpshift.com/

 

COMMUNICATIONS & TEXT MESSAGES (Updated 24 June 2021)

If you opted in to receive a one-time PIN code to your phone, we will send SMS to the cell phone number you provided. Message frequency may vary. Standard message and data rates may apply, whether you send or receive such messages. If you need assistance, text “HELP”. To cancel, text “STOP”. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. Supported carriers include but are not limited to AT&T, Boost, MetroPCS, Sprint, T-Mobile®, U.S. Cellular®, Verizon Wireless, Virgin Mobile USA.

 

XIII. SUPPLEMENTAL TERMS FOR THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM (“UK”)

You should read the Supplemental Terms in this Section XIII together with all other Sections of the Terms. However, if there is any inconsistency or conflict between the other Sections of the Terms and the Supplemental Terms, the Supplemental Terms in this Section XIII shall prevail.

As a deviation from the introduction terms and Section X of the Terms, the binding arbitration clause and class action waiver do not apply.

 

Supplement to Sections I (Use of the Services) and VII (Disclaimer of Warranties; Limitation of Liability) of the Terms

As a deviation from Sections I and VII of the Terms, Nexon may suspend your access to the Services at any time and without prior notice to you if Nexon has a reasonable belief that (i) you have breached these Terms or (ii) you are using the Services in a manner other than for its intended purpose, or illegally. Where Nexon suspends your access to the Services, it will let you know and explain any options you have to request a review, unless doing so may: (i) expose Nexon or others to legal liability; (ii) harm other users; (iii) compromise or interfere with the integrity or operation of any of Nexon’s Services; (iv) be impracticable given technical limitations; or (v) be prohibited under applicable laws. If Nexon decides to ban you from accessing the Services (e.g., disables or deletes your account) for any of the reasons mentioned above, these Terms shall terminate.

These Terms are of indeterminate duration. Nexon may terminate these Terms at any time, in which case we will give you as much advance notice as is reasonably practicable, at least a 30 day advance notice. You may terminate these Terms and stop your access and use of the Service at any time.

Insofar as Nexon provides new releases, patches, upgrades, updates and corrections of the Services, the right of use mentioned in Section I shall apply in the same way. Components of the Services which are recognisably subject to third-party rights and in particular open-source licences are excluded from the granting of rights. In particular, components which are disclosed by Nexon within the Services as third-party content are deemed to be recognisable.

As a deviation from Section I of the Terms, the paragraph on “Cross-Border Transfers” does not apply.

 

Supplement to Section II (Content posted by Users) of the Terms

As a deviation from Section II of the Terms, you represent and warrant that the User Content that you post or transmit will not: (i) facilitate or promote conduct that Nexon reasonably believes to involve illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving); and (ii) result in an unreasonable or excessive burden on technical capacity.

As a deviation from Section II of the Terms, Nexon may remove the User Content you uploaded or contributed to only if it violates these Terms or applicable law, in which case Nexon will inform you of the removal and will enable you to contest its decision, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws.

As a deviation from Section II of the Terms, Nexon will only monitor or record User Content using software that may be installed when you download software to access or use the Services to the extent this is permitted by applicable law, such as privacy law. If you become aware of any User Content that violates these terms, please report this using the contact details in Section XII.

As a deviation from Section II of the Terms, you hereby grant Nexon an irrevocable, to the extent necessary, transferable and sublicensable, non-exclusive, worldwide rights to use your User Content, for the term of the protection of the rights so licensed, for purposes of the provision and promotion of our Services, including without limitation any necessary rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt or use in any media or platform, known or unknown to date.

 

Supplement to Section III (Intellectual Property and Claims of Infringement) of the Terms

As a deviation from Section III of the Terms, Nexon will only access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”) to the extent permitted applicable law, such as privacy law.

 

Supplement to Section IV (Virtual Currency and Virtual Items) of the Terms

You are obliged to pay all charges, fees, and applicable taxes incurred by you under the Terms. In case such have been incurred by anyone else using your account or resulting from use of the Services on your devices, Nexon may be entitled to claim damages from you.

As a deviation from Section IV of the Terms, you have the right to withdraw from these Terms within 14 days, without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Terms. To exercise the right of withdrawal, you must inform Nexon of your decision to withdraw, e.g., by sending an email to one of the email addresses mentioned in Section XII. You may send us the model withdrawal form available in Appendix 1, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from the Terms, Nexon shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from these Terms. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of Services during the withdrawal period, you must pay Nexon an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the Terms, in comparison with the full coverage of the Terms.

You do not have a right of withdrawal of free-of-charge Services that Nexon already performed and of free-of-charge virtual items, virtual currency, points, digital in-game items or any other content or information from the Services (“Digital Content”) (that is not supplied on a tangible medium) that Nexon already started performing.

Prior to purchasing certain Digital Content, you will be asked to agree to immediately receive the Digital Content, and to waive your cancellation and refund right once the download or streaming of the Digital Content has begun. As such, you recognize that you do not have a right to withdraw from your purchase. The same applies with regards to any paid Services you contract from Nexon.

To avoid doubt, references in Section IV to changing the price or availability of items, or limiting the quantity of items available, apply only before we have accepted your order.

 

Supplement to Section V (Code of Conduct) of the Terms

In deviation from Section V of the Terms, you will not use the Services in any manner that Nexon reasonably believes to be unlawful or that could damage, disable, overburden, or impair the Services or interfere with Nexon’s or any others users’ use and enjoyment of the Services.

 

Supplement to Section VII (Disclaimer of Warranties; Limitation of Liability) of the Terms

In deviation from Section VII of the Terms, these Terms do not exclude or limit the legal liability of Nexon in the event of your death or personal injury resulting from an act or omission of Nexon. We warrant the conformity of the Services, including Digital Content, with these Terms to the extent required by applicable law. Pursuant to applicable law, you may have the right to certain remedies in case the provision of the Services, including Digital Content, is defective.

Your statutory warranty rights apply. Nexon shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. In cases of slight negligence, Nexon shall only be liable in the event of a breach of a material contractual obligation of the Terms. A material contractual obligation within the meaning of this Section is an obligation the fulfilment of which makes the performance of the Terms possible in the first place and on the fulfilment of which you may therefore regularly rely. This liability for breach of a material contractual obligation is limited to the damage foreseeable at the time of the conclusion of the Terms, the occurrence of which must typically be expected. The limitations of liability apply accordingly in favour of our employees, agents and vicarious agents. Any liability on Nexon’s part for any commercial guarantees we may have provided and for claims based on product liability laws or in the event of data protection violations shall remain unaffected.

 

Supplement to Section VIII (Indemnification) of the Terms

Section VIII only applies to the maximum extent permitted by applicable law.

 

Supplement to Section IX (Governing Law and Jurisdiction) of the Terms

In deviation from Section IX of the Terms, the choice of law does not exclude the application of those consumer protection provisions in the applicable laws of your country of residence that may not be derogated from by contract. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Nexon’s place of business.

 

Supplement to Section X (Dispute Resolution) of the Terms

Section X of the Terms does not apply.

 

Supplement to Section XI (Miscellaneous) of the Terms

The paragraph on “Severability” in Section XI of the Terms does not apply.

In deviation from Section XI of the Terms, Nexon will not assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party where this may serve to reduce your guarantees, unless with your prior agreement. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

Online dispute resolution and alternative dispute resolution. The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

Supplement to Preamble regarding changes to the Terms

We may change or modify the Terms with effect for the future if there is a valid reason for the amendment and insofar as the changes are reasonable taking into account Nexon’s and your interests. A valid reason exists in particular if the changes are necessary due to a disruption of the equivalent relationship of the Terms to a not insignificant extent that was unforeseeable for us at the time of the conclusion of the Terms due to changes in case law or legislation. This does not cover any changes or modifications to a main performance obligation of the Terms. We will notify you of any changes as required by law and provide you a reasonable period of time to review them before they start applying (as a rule six weeks). If you do not agree with the changed Terms, you will be able terminate these Terms. However, by continuing to use the Services, you accept the changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.

In addition to any changes or updates required to maintain the Services in conformity, we may modify or update any features of the Services at any time if we have a valid reason to do so. In particular, this is the case if the change is solely for your benefit or the change is necessary to (i) ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements, such as adapting Services to a new technical environment or transferring the Services to a new hosting platform; (iii) upgrade or amend the Services, including amending or removing or making modifications to existing features and functionality; (iv) alter the structure, design or layout of the Services, including changing the name of the Services or re-branding, or amending, improving and/or expanding the features and functionalities available; (vi) for security reasons; and (v) for anti-piracy reasons. We will notify you of the changes as mentioned above, and you may terminate the Terms if these changes negatively impact your access to or use of the Service (other than in a minor way).

 

APPENDIX TO THE SUPPLEMENTAL TERMS

 

Appendix 1

Model withdrawal form

 

(Complete and return this form only if you wish to withdraw from the Terms).
— To
[●]:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) Terms for the provision of the Services: [insert name of service and subscription type]
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
____________
(*) Delete as appropriate.

 


================================================================================================================================================================================================================================


PRIVACY POLICY​

 Effective Date: 2024.07.22

 

This Privacy Policy describes how NEXON Co., Ltd. and its subsidiaries and affiliates (collectively, “Nexon”) handle and protect the information that we collect through our websites, games, mobile apps, and other interactive software products and services that we operate and that link to this Privacy Policy (collectively, our “Services”). If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact the publisher for the particular Nexon Service, which is the independent data controller responsible for your privacy information. For our contact details, please see Section XI. (Contact Us).  

I. INFORMATION WE COLLECT
II. HOW WE USE INFORMATION
III. WHEN INFORMATION IS SHARED
IV. COOKIES AND SIMILAR TECHNOLOGIES
V. YOUR CHOICES
VI. DATA SUBJECT RIGHTS AND WITHDRAWAL OF CONSENT
VII. MINORS
VIII. HOW WE SECURE INFORMATION AND HOW LONG WE STORE INFORMATION
IX. INTERNATIONAL DATA TRANSFERS
X. CHANGES TO THIS PRIVACY POLICY
XI. CONTACT US

ADDENDUM

U.S. RESIDENTS: STATE-SPECIFIC PRIVACY DISCLOSURES

USERS OF EMBARK SERVICES: EMBARK PRIVACY INFORMATION

 

I. INFORMATION WE COLLECT

We collect information when you provide it to us, when you communicate with others using our Services, and when you otherwise use the Services. We also may collect information about you from other sources.

Information you provide to us. When you register, contact us directly, or otherwise use the Services, you may choose to provide information to us, including:

Communications with others. When you communicate or share information with others through the Services, including by posting photos or communicating orally or in written messages, we may access and store the contents of these communications and related information, unless such access and storage are prohibited by law. Where consent is required by applicable law, you consent to our recording, storage, and disclosure of such communications and information that you send or receive consistent with this Privacy Policy and the Terms of Service and End User License Agreement.

Use of the Services. We collect information when you use our Services, including your Internet protocol (“IP”) address and other identifiers that are assigned to your device and application when you access the Internet or use the Services, browser type, browser version, browser language setting, operating system, device name and type, MAC address and other device identifiers, information from your device (including information from and about your hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications installed on your device), Internet service and mobile service provider, pages that you visit before and after using the Services, the date and time of your visit, download information, the links you click and areas you view within the Services, game metrics and usage data, and other standard server log information. We collect additional information when the Services crash or otherwise encounter a problem, including system and driver data. Consistent with your device permissions, we may collect or derive location information from your device’s GPS signal, Bluetooth connections, nearby WiFi networks, and similar device information. We may also derive location from your IP address. We may use a third-party service, namely, the YouTube API Services for purpose of provision of the Services. Through YouTube API, we collect, store and otherwise use API data relating to users including YouTube channel and video information, and any other information necessary to provide the Services that incorporates the YouTube API Services (“API client”). Please note that we comply with the YouTube Developer Policies. By using those API clients, users are agreeing to be bound by the YouTube Terms of Services. Please see the following links for the YouTube Terms of Services and Google Privacy Policy:

Ÿ   YouTube Terms of Services: https://www.youtube.com/t/terms; and

Ÿ   Google Privacy Policy: http://www.google.com/policies/privacy.

Please note that you can revoke access to the YouTube API through the Google Security Settings page.

Information we obtain from other sources. We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we receive from or about you. We also may receive information from third-party social networking services when you or other users choose to connect with those services.

 

II. HOW WE USE INFORMATION

We may use, record, systematize, store, update or modify, retrieve, delete, or otherwise process your information for the following purposes, using manual or automated means:

Our payment processors use payment information as necessary to complete transactions or as otherwise required by law. We also may use the information we collect to:

Nexon’s legal bases to process information for these purposes include that the processing is necessary for:

If you are located in the European Union, European Economic Area, UK or another country that requires a legal basis for processing personal information, please see here for additional details about the purposes for which we process your information.

 

III. WHEN INFORMATION IS SHARED

We limit when we share the information we collect to the following circumstances:

Within Nexon. We share information across the Nexon companies.

Business Partners. We share information with third-party partners and service providers, including payment processing and gateway companies, platform services, game developers, game publishers, game console providers, customer support services, cloud storage and hosting providers, social media companies (who may collect information when you use the Services or when you connect the Services to your social media accounts) and analytics and advertising companies, to help us provide and improve the Services and operate our business. For more information about these business partners, please contact us.

Other Users. Your profile, including your username and the picture that you may provide, and information about your activities on the Services may be visible to other users of the Services or third-party sites and services. For example, your game results, scores, and profile information may be viewed by other users of the Services and, if you choose to link to social media sites like Facebook, viewed by users of such sites.

Legal Purposes. We may provide your information to third parties when we believe that doing so is required by law or to cooperate with regulators or law enforcement authorities. We may disclose your information in order to protect the rights or property of Nexon, including enforcing our Terms of Service and End User License Agreement, and others, or when we believe that there is an emergency that poses a threat to the health or safety of you, another person, or the public.

Corporate Transaction. If Nexon is involved in a corporate transaction, such as a merger, acquisition by another company, asset sale, or in the unlikely event of bankruptcy, we may transfer your information to the successor organization in such transaction in accordance with applicable law.

With Your Consent. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.

If you access our Services through third-party devices or platforms, these third parties may be able to collect and process information about you, including information about your activity on the Services, and they may notify your connections on the third-party services, in accordance with their own privacy policies.

 

IV. COOKIES AND SIMILAR TECHNOLOGIES

When you use the Services or interact with emails from us, we and our third-party business partners may collect and store information about your use of our Services using cookies, pixel tags, local storage, and similar technologies (collectively, “cookies”).

Cookies are small files that are automatically generated when you visit a website and are stored on your device. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your device. Local storage is similar to a cookie except that it can store larger amounts of information and can be stored elsewhere on your device.

We allow third parties, including our analytics providers, advertising networks, and other advertising service providers, to collect information about your use of the Services across your applications and your different devices using cookies and similar technologies. These third parties may use this information to display advertisements on our Services and elsewhere online across different sites and services tailored to your interests, preferences, and characteristics. You can control the use and disclosure of the information for such purposes through Section V. (Your Choices).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU CONSENT TO THE USE OF NON-ESSENTIAL COOKIES AND OTHER TECHNOLOGICAL MEANS AS IDENTIFIED IN THIS PRIVACY POLICY WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW TO LATER REFUSE OUR USE.  For certain jurisdictions, we will seek your consent the first time you access the Services. For information on how to refuse cookies, withdraw your consent or disable cookies through your web browser, please see Section V. (Your Choices).

 

V. YOUR CHOICES

Nexon provides you with a variety of choices to control the use and sharing of your information, including:

Email Communications. You may opt out of receiving commercial email messages from us by following the unsubscribe instructions provided in our emails. Please note that even if you have opted out of receiving commercial email messages, you may continue to receive messages related to your account, your transactions, and similar service-related messages.

Geolocation Information. We may derive your approximate location from your IP address and other information we may collect for the purpose of determining your logical login history patterns, control your access to the Services, and to help us answer data protection requests. For more information, please review your device settings.

Cookies and Similar Technologies. You may be able to refuse or disable cookies by adjusting your web browser settings or changing the settings in your cookie banner. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable local storage and similar technologies. For example, Adobe Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. Deleting the cookies in your browser may in some cases cancel your choices for interest-based advertising. If you choose to refuse, disable, or delete cookies and similar technologies, some of the functionality of the Services may no longer be available to you.

Do Not Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Nexon currently does not take action in response to these signals.

Interest-Based Advertising. While it is not possible to turn off all advertising, you do have the ability to control whether you receive interest-based ads based on information collected or received about your online activities and interests over time and across unaffiliated sites and services and your different devices. You can opt out of receiving interest-based ads from companies that participate in self-regulatory programs such as the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), EDAA (EU), and DAAC (Canada) by following the instructions provided on their websites. If you are using a mobile app, you also may need to opt out of interest-based advertising on your mobile device or through the mobile application. For more information, check your device and mobile app settings. Please note that your opt-out choice will apply only to the browser and device you are using when you opt out.

Other Game and Device Permissions. You may be able to adjust your privacy settings for push notifications, address book sharing, and other information or features within the Services or your device permissions. Please review the settings for the Services and your device for more information. To stop the collection of information by a Nexon game, you can uninstall the game using the standard uninstall process available on your device or the app marketplace or network from which you installed the game.

 

VI. DATA SUBJECT RIGHTS AND WITHDRAWAL OF CONSENT

The laws in your country may provide you rights to request access to, correct, restrict, port, copy, or delete your information, request that we delete your account, or withdraw or change the scope of your consent. You  may also have the right to request that we stop processing your information.

If you withdraw your consent, we will stop processing your information for such purposes, but it will not affect the processing of information previously covered by your consent. Where technologically feasible and required by applicable law, we will port your information pursuant to your reasonable request. A request to withdraw consent, restrict or stop processing your information, or delete your account or information may result in your inability to access the Services or some of its features. To exercise your rights consistent with applicable law, please contact us at the contact details provided in Section XI. (Contact Us).

 

VII. MINORS

Before you are able to use our Services, we may ask you to provide age-related information to help us comply with applicable laws.

Where permitted by law, we collect information from minors (as defined under applicable law) when they provide it to us and when they use the Services. For example, when a minor registers, contacts us directly, or otherwise uses the Services, they may choose to provide information to us, such as their contact information (name, phone number, mailing and email address), user account information (such as username, nickname, password, profile picture, and language settings), demographic information (such as age, gender, and country), and any correspondence they send to us. We also collect information when a minor uses our Services, including their Internet protocol (“IP”) address and other identifiers; information about their browser, device, or Internet or mobile service provider; and information about their use of the Services (such as the date and time of their visit, download information, the links they click and areas they view within the Services, game metrics and usage data, and other standard server log information). We collect additional information when the Services crash or otherwise encounter a problem, including system and driver data.

We collect, use, and disclose a minor’s information to:

Nexon’s legal bases to process information for these purposes include:

We limit when we share the information we collect from minors, under the following circumstances:

Business Partners. We share information with third-party partners and service providers, including platform services, game developers, game publishers, game console providers, customer support services, and cloud storage and hosting providers, to help us provide and improve the Services and operate our business. For more information about these business partners, please contact us.

Within Nexon. We may share a minor’s information among Nexon companies for legal purposes, in connection with a corporate transaction, or with consent of the minor or a parent (subject to applicable law).  If a minor accesses our Services through third-party devices or platforms, these third parties may be able to collect and process information about the minor, including information about their activity on the Services, and they may notify the minor’s connections on the third-party services, in accordance with their own privacy policies.

A minor’s profile, including their username and the picture that they may provide, and information about their activities on the Services may be visible to other users of the Services. For example, their game results, scores, and profile information may be viewed by other users of the Services.

For users in the United States, we do not knowingly collect or sell personal information from minors who are under the age of 13 without parental consent or unless permitted by applicable law.  In such circumstances, parents have the right to review or delete personal information we collect from their minor children under the age of 13 and to withdraw parental consent that they have provided.  To exercise these rights, contact us by emailing privacy@nexon.co.jp.  We may request additional personal information to verify your identity as the parent of your child before responding to your request.

For users in the rest of the world (including European Union, European Economic Area and United Kingdom): Where required under applicable law, parents or guardians may exercise the rights that their child may have in relation to their personal information (see Section V. (Your Choices)). For example, subject to applicable law, parents may have the right to review their child’s personal information, direct us to delete such child’s personal information, and may refuse to allow any further collection or use of such child’s personal information (in all cases, subject to the requirements and restrictions set out in applicable law). Please keep in mind that a request to delete records may lead to a termination of Services. In some jurisdictions, minors may also exercise their data protection rights directly.

 

VIII. HOW WE SECURE AND HOW LONG WE STORE INFORMATION

We maintain reasonable and appropriate physical, electronic, organizational, and procedural safeguards to protect your information. While we take reasonable precautions against possible loss, misuse, or unauthorized access, no storage system or transmission of data over the Internet can be guaranteed to be secure. Data we collect will be retained only for so long as reasonably necessary for the purposes set out above, unless applicable law requires otherwise. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information, unless we are considered a responsible controller in relation to the processing of such information.

 

IX. INTERNATIONAL DATA TRANSFERS

Information we collect may be transferred to countries outside your home country such as Korea, Japan, and the United States for the purposes set out in this Privacy Policy. You understand that some of these countries, including the United States, may not provide the same level of data privacy protection as in the European Union/European Economic Area or your home country. We will transfer your personal information where necessary to provide the Services and perform the contract you entered into with us.  If we need to transfer your personal data to another country that may not provide the same level of privacy protection as in your home country, we will apply necessary safeguards and security measures regarding transfers, as required by applicable law.  Where applicable data protection law provides for the use of EU-approved Standard Contractual Clauses or other transfer agreements to lawfully transfer data abroad, we generally rely on such clauses for our transfers unless other transfer grounds are more appropriate. Depending on applicable law, you may ask for a copy or information about these transfer mechanisms by contacting us at the contact details below.

 

X. CHANGES TO THIS PRIVACY POLICY

We may make changes to this Privacy Policy, in which case we will notify you before such changes take effect by posting the updated policy through the Services or otherwise in accordance with applicable law. Any changes to this Privacy Policy will take effect after a reasonable time period as specified in the notice of such changes.

 

XI. CONTACT US

The privacy and security of your information is a top priority. If you have any questions or concerns about this Privacy Policy or our information practices, please contact the publisher for the particular Nexon Service, which is the data controller responsible for your information:

 

Publisher

Contact Information

 NEXON Co., Ltd.

 Ark Hills South Tower 6F, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032

 privacy@nexon.co.jp

 Nexon America Inc.

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

 NA_privacy@nexon.com

 Nexon Korea   Corporation

 7 Pangyo-ro 256 beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea

 m-support@nexon.com

 Embark Studios AB  (“Embark”)

 Kungsträdgårdsgatan 16, 111 47 Stockholm, Sweden

 privacy@support.embark-studios.com

 

European Union 

VeraSafe has been appointed as Nexon's representative in the European Union/European Economic Area for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are located in the European Union/European Economic Area and your inquiry relates to the processing of personal data, please contact VeraSafe at:

VeraSafe Czech Republic s.r.o
Klimentská 46
Prague 1, 11002
Czech Republic

Contact form: 
https://www.verasafe.com/privacy-services/contact-article-27-representative

You have the right to lodge a complaint with a data protection authority if you believe that our processing of your personal data violates applicable data protection laws. This right applies, for example, if you are located in the European Union/European Economic Area or in the United Kingdom.  A list of European Union/European Economic Area Union data protection authorities and their contact details can be found at: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

 

United Kingdom

VeraSafe has been appointed as Nexon's representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom
General Data Protection Regulation. If you are located within the United Kingdom and your inquiry relates to the processing of personal data, please contact VeraSafe at:

VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
United Kingdom

Contact Form:  https://verasafe.com/public-resources/contact-data-protection-representative

You can also bring any issues or concerns you have regarding your personal data to the attention of the Information Commissioner’s Office, which is the relevant supervisory authority in the United Kingdom. 

 

ADDENDUM

U.S. RESIDENTS: STATE-SPECIFIC PRIVACY DISCLOSURES

Please click here to review additional disclosures required under state-specific privacy laws, as applicable.

USERS OF EMBARK SERVICES: EMBARK PRIVACY INFORMATION

This Embark privacy information addendum ("Addendum") describes Embark’s processing of personal data when you play games and Apps published by Embark. This Addendum applies in addition to the Nexon Privacy Policy above and replaces or supplements the corresponding sections in the Nexon Privacy Policy. Any capitalized terms used herein shall have the same meaning as under the Nexon Privacy Policy.

 

Supplement to Section II (How We Use Information)

By derogation from the legal basis matrix linked in Section II of the Nexon Privacy Policy, the below matrix sets out the purposes for which Embark processes your personal data, the categories of personal data we process, and the legal basis for processing your personal data.

Data Processing Purposes

Categories of Personal Data

Legal Bases

Operate and provide the Services, deliver requested products and information, including:

·       providing technical support and maintenance;

·       managing leaderboards;

·       matchmaking; and

·       responding to your questions or comments

·       Embark ID

·       IDs and profile names related to third party platforms used by you

·       Country

·       Email address

·       Embark profile name

·       First/Last Name if provided, e.g. via Customer Service contact

·       CS Ticket/Chat Communication

·       IP Address

·       Language setting

·       Device Information ( OS, system manufacturer, system model, and hardware type information

·       Date and Time of Each Visit

·       Correspondence with other players you may have during the game session including text, voice and chat communication (to the extent available)

Performance of a contract (Article 6(1)(b) GDPR), namely Nexon’s Terms of Service and End User Agreement

Deliver emails, push notifications, alerts, and other marketing communications about our Services including using ad/marketing performance measurement services

·       Email Addresses

·       Country

Our legitimate interest in marketing our services and products to you – for sending advertising relating to our products and/or services that are similar to those you purchased or used (Article 6(1)(f) GDPR); and your consent (Article 6(1)(a) GDPR) (where required by applicable law)

 

Analyze and address prohibited activities, including by assisting our efforts in policing users who may develop or use hacks or cheats to gain advantage over other users of the Services, and to otherwise enforce our Terms of Service and End User License Agreement

·       Embark ID

·       IDs related to third party platforms used by you

·       Third party anti-cheat IDs

·       IP address

·       MAC address

·       Email address

·       Device and application data

·       Operating System

·       Date and Time of Each Visit

·       Correspondence with other players you may have during the game session including text, voice and chat communication (to the extent available)

Our legitimate interests in (Article 6(1)(f) GDPR):

·       ensuring our Services are safe for the users;

·       protecting our and third party rights, including intellectual property; and

·       establishing, exercising and defending legal claims

Analyze, develop, and improve the Services and new products and services, including by conducting and delivering surveys, polls, and research

·       Embark ID

·       IDs related to third party platforms used by you

·       IP address

·       Device Information (OS, system manufacturer, system model, and hardware type information)

·       Date and Time of Each Visit

·       Surveys you choose to participate in

Our legitimate interest of further growing our business and user acquisition (Article 6(1)(f) GDPR)

Keep a record of purchases

·       Transaction ID for purchases made in the game through third party platforms

·       IDs related to third party platforms used by you

Our legitimate interest of ensuring the provision and maintenance of our services (Article 6(1)(f) GDPR)

Determine logical login history patterns

(We use the information to determine the country where you are located when using our Services)

·       IP Address

Our legitimate interest of ensuring the security of our services (Article 6(1)(f) GDPR)

Access control:

·       Account Signup/Login

·       Whether to allow website access

·       IP Address

·       Email address

·       Embark ID

·       IDs related to third party platforms used by you

·       Country

·       Date of Birth

Our legitimate interests in ensuring the security of our services and enforcing geographic access restrictions (Article 6(1)(f) GDPR)

The provision of personal data is necessary for us to be able to provide you with the game, maintain and update the game, provide you with support and further develop our game. We collect personal data directly from you and, from third party platforms providers such as Discord, Steam and Epic. We will also process game telemetry data from your game sessions indicating, for example, how your avatar has moved and interacted in the game, which we do not consider to be personal data.

 

Supplement to Section III (When Information Is Shared)

In addition to the recipients listed in Section III of the Nexon Privacy Policy, Embark shares your personal information with the following recipients:

For the management of support requests Embark is currently using Keywords and Helpshift as support ticket system used to allow you to send a support request and forward it to Embark for management. We also utilize Keywords for management of the support service. As mentioned, Embark and the suppliers have entered into a data processing agreement, ensuring that your data is only being processed on behalf of Embark and according to the information above.

Embark is currently using AWS services for an email management solution used to send you verification emails and communication. We also utilize Mailchimp and Google for similar purposes. As mentioned, Embark and the suppliers have entered into a data processing agreement, ensuring that your data is only being processed on behalf of Embark and according to the information above.

For the avoidance of doubt, Embark will not sell your personal data, use it to market any products not distributed by Embark or communicate with you in a manner that is contrary to your preferences as communicated by you.

 

Supplement to Section VIII (How We Secure And How Long We Store Information)

By derogation from Section VIII of the Nexon Privacy Policy, we will process the personal data only as long as necessary for the purposes set out above, for the duration of our relationship with you and for a maximum period of one year thereafter. Technical reports are deleted after 90 days.  After that Embark will only process your personal data for such time as may be required to comply with local legal obligations, to satisfy legal requirements in the event of an actual, threatened or anticipated dispute or claim or to protect our rights.

The content on how we secure your personal information is the same as that as set out in Section VIII of the Nexon Privacy Policy.