NEXON Europe GmbH ("Company", "we" or "us", and "our" to be construed accordingly) provides this web site, www.nexoneu.com (the "Site") and all Site-related services and products, including without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the "Service") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member ("you") with respect to your use of the Service. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right to:
Change the terms and conditions of this Agreement if we are required to do so due to a change of the applicable laws and regulations, due to a change in the contracts with our third party providers (e.g. payment system and software providers) or in order to preserve the integrity of our systems and the Service;
Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service or the hours that the Service is available for the same reasons;
Change any fees or charges, if any, related to your use of the Service; and
Change the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective after a reasonable time span as set forth in the notice of such changes. We will provide the notice by posting on the Site and/or e-mail to the address which you have provided while registering to the Services. Your continued use of the Site or Service after such notice and an appropriate time span as set forth in the notice will be deemed acceptance of such changes. We recommend that you return to the Site periodically to ensure familiarity with the most current version of this Agreement.
1. INFORMATION ABOUT US
We are NEXON Europe GmbH a company incorporated under the laws of Germany and with registered office at Mollstraβe 32, 10249 Berlin, Germany, pursuing its activities with a German commercial registration number (HRB: 166330 B).
2. SERVICE REGISTRATION
A. ACCEPTANCE OF AGREEMENT
(3) Your Account may be used only by you, except that if you are a guardian. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Game Rules and Policies, notices and/or agreements.
(4) You can create more than one Account on the Site to use our Service. However, you shall not create more than one Account within twenty four (24) hours and not more than five (5) Accounts within thirty (30) days, which shall be deemed as an abusive behavior. In the event that we detect that you created accounts in breach of the stated rule above, we reserve the right to take necessary measures in accordance with this Agreement including, but not being limited to, Article 10.A.(4).
B. REGISTRATION PROCESS/INFORMATION
(1) Once you register your Account, you will be required to provide us with certain information about yourself, including, without limitation your email address, name and birthday.
(2) We will also ask you to pick a security question and answer (or security questions and answers) and may collect your IP address and computer's hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation, to verify your ownership of and to maintain your Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse.
(4) You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities.
(1) While you register your account, you will also be asked to select a username and password for your Account which you will use each time you access the Service.
(2) We reserve the right to be able to refuse to grant you or be able to terminate a user name that: (i) impersonates someone else, including but not limited to, another user, non-player characters or NEXON staff such as game masters (GM), (ii) is or may be illegal or is or may be protected by intellectual property or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature, (iv) is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., "SpiderMan" or "TigerWoods") or religious deity or figure or your real name or surname; (v) is comprised of or includes the names (including "street" names) of any drug, narcotic or other criminal activity, (vi) includes or is comprised of partial or complete sentences (e.g., "Youwillnotsurvive"), (vii) is comprised of or includes gibberish (e.g., "Akdnvprq"), (viii) is comprised of or includes "Leet" or "Dudespeak" (e.g., OMGnewb, xLOLx, AFKbotman), (ix) is comprised of or includes any rank and/or fantasy titles (e.g., "MajorMark" or "QueenQiana"), (x) includes any special characters (i.e., ASCII codes) and/or (xi) is otherwise inappropriate, regardless of our software’s ability to disallow such usernames.
(3) You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions.
(4) You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the Service via your username or password to any third person (except if you are a parent or guardian to one (1) of your minor children). If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting the Site and immediately notify us of the problem by submitting a ticket to our Customer Support department by using the ticketing system on the Site.
(5) YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) CONDUCTED THROUGH YOUR ACCOUNT, EXCEPT IN THE CASE OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO PREVENT UNAUTHORIZED USE, YOU SHALL KEEP YOUR USERNAME AND PASSWORD CONFIDENTIAL AND SHALL NOT SHARE IT WITH ANY THIRD PARTY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU DO NOT RESPOND TO ANY UNSOLICITED REQUESTS FOR YOUR USERNAME, PASSWORD AND OTHER DATA. THE COMPANY TAKES NO RESPONSIBILITY FOR YOUR FAILURE TO KEEP CONFIDENTIALITY ON YOUR USERNAME, PASSWORD AND OTHER DATA RELATING TO YOUR ACCOUNT.
3. SERVICE USE & RESTRICTIONS
A. BASIC USE
(1) You may use the Service subject to the terms and conditions of this Agreement.
(2) To play our games, you may need to download the Software (as defined in the End User License Agreement) and may be additionally required to agree to the terms and conditions of our End User License Agreement and to comply with all of the rules and policies of the game you play.
(3) Once you start using the Software, you represent and warrant that you carefully read, understand and agree to the End User License Agreement and all rules and policies of the game you play.
(4) You hereby agree that the Company reserves the right to modify the End User License Agreement and the Rules and Policies of the game and such modification will be effective after a reasonable time span as set forth in the notice of such modification.
B. CODE OF CONDUCT
While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our reasonable discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein. While using the Service, you agree not to:
· Restrict or inhibit any other individual from using the Service, a Cash Item (as defined below)or the Software, including, without limitation, by means of "hacking" or defacing any portion of the Service or Software;
· Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
· Use the Service, Cash Items or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
· Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing;
· Express or imply that any statements you make or actions you take are endorsed by us;
· Impersonate another person (including celebrities), indicate that you are a Nexon Europe employee, representative of Nexon Europe (including a GM) or attempt to mislead users by indicating that you represent Nexon Europe or any of Nexon Europe's partners or affiliates;
· Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
· Engage in spamming or flooding;
· Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service, Cash Items or Software;
· "Mirror" any part of the Service without our prior written authorization;
· Link to any page of or content on the Site other than the URL located at www.nexoneu.com;
· Provide a link to any web sites that promote any product or any service;
· Use 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 Service or its contents, including, but not limited to, Cash Items;
· Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent;
· Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
· Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, packet sniffing, re-routing, looping, modifying the Software or using a utility program to host the Software;
· Sell, advertise, or post information on hack, private servers (including sources thereto) or gold farming for the Software, Cash Items or Service and/or advertising, posting information on or selling hacks for any other software or web sites;
· Exploit the Software, Cash Items or the Service for any commercial purpose, including the provision of "power leveling" services;
· Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
· Modify the Software, Cash Items or the Service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Software or Service;
· Reverse engineer, packet sniff, decompile or disassemble all or any portion of the Service, Cash Items or Software;
· Use tools which hack, reroute or alter the Software, Cash Items or the Service or that allow you to connect to the Software's private binary interface or utilize user or other interfaces other than those provided by us to you;
· Engage in using macros (i.e., "macroing"), auto-looting or robot play (i.e., "botting") 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;
· Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, the Cash Items or the Software;
· Attempt to obtain a password or other private account information from any other person or user of the Service; and/or
· Disclose your personally identifiable information or any other person's or user's personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) on the Site or through the Service, or web sites or forums related to the Site or Service, including without limitation the Forums discussed in Article 2.3.
C. PLAYING GAMES
(1) General: At all times you shall comply with the terms and conditions of this Agreement and the terms and conditions of all Game Rules and Policies provided on the Service, which are hereby incorporated herein by this reference. By playing any of the games provided on the Service, you agree to the Game Rules and Policies applicable to each game, respectively.
(2) Game Forums:
(a) While using the Services, you may create and/or join an existing forum as part of the Service (the “Forum(s)”) for the purpose of communicating with other users about topics such as game strategy. During the registration process, you will be required to select a Forum name, such name to be subject to the restrictions applicable to usernames as set forth in Article 2.C above. While participating in a Forum, in addition to adhering to the code of conduct set forth in Article 3.B above, you agree not to:
· Disrupt the normal course and pace of postings, including through: (i) use of a macro with large amounts of text; (ii) hitting the return key repeatedly; (iii) posting "Spam" messages; and/or (iv) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Forum;
· Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other person or player; and
· Participate in any action that, in the sole discretion of the Company, "scams" or otherwise defrauds any other player, including with respect to any items that a player has earned or otherwise obtained (e.g., Cash Items).
(b) You hereby represent and warrant that, in relation to any information that you submit or post on any Forum, that you have the right and have obtained all necessary licenses and/or approvals to do so.
(c) You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Company. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. You hereby acknowledge that we neither endorse nor are responsible for such messages or statements, unless we have actual knowledge about abusive or unlawful content of the respective messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other players. The opinions expressed in the Forums reflect solely the opinion(s) of person posting them and do not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the information in the Forums.
(d) You should be aware that, when you disclose information about yourself in a Forum while using the Service, the information is made publicly available and may be collected and used by other persons. When you disclose any information in a Forum, you do so at your own risk.
(e) We may not and we have no obligation to monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to occasionally monitor the Forums and the postings and other materials you and the other players transmit and post; remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
(3) Cash Shop/Cash Items:
(a) While playing our games, you will have the opportunity to visit our online store (“Cash Shop”) and use virtual “cash” (“Nexon Cash”) to get a license to use a variety of virtual items (“Cash Item(s)”) that can be used while playing our games.
(b) In order to obtain Nexon Cash, you may be required to provide us or another payment service designated by us (e.g., Paypal) with information required by the payment service providers that you choose and other information related to your transaction (e.g., your billing and shipping address).
(c) If you elect to purchase Nexon Cash, you warrant that (i) you have the legal capacity (if you are a minor, your legal guardian has granted their consent) to purchase Nexon Cash and use Nexon Cash to get a license to use a variety of Cash Item(s), (ii) your use of a credit card or other payment service on the Site is authorized, and (iii) all information that you submitted for your transaction is true and accurate.
(d) YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US TO CHARGE YOU THROUGH THE PAYMENT SERVICE YOU CHOOSE FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON AND/OR THE DISCONTINUATION OF THE SERVICE OTHER THAN ARISING OUT OF OUR GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT.
(e) You may also be awarded points ("Game Points") for use in the Cash Shop or through certain of our promoted events. These Game Points have no "real world" value, but may be exchanged by you for designated Cash Items in the Cash Shop.
(f) NEXON CASH HAS AN EXPIRATION DATE, WHICH WILL EXPIRE THREE (3) YEAR AFTER DATE OF PURCHASE. NOTWITHSTANDING THE FOREGOING, THE EXPIRATION PERIOD SHALL APPLY TO NEXON CASH WHICH IS PURCHASED FROM AUGUST 1ST, 2012. . IN ADDITION, CERTAIN CASH ITEMS ALSO HAVE AN EXPIRATION DATE, WHILE OTHERS HAVE NO EXPIRATION DATE ("LIFETIME ITEMS"). EACH CASH ITEM THAT YOU OBTAIN USING NEXON CASH OR GAME POINTS WILL BE INCLUDED IN YOUR ACCOUNT UNTIL THE EARLIER OF THE CASH ITEM'S EXPIRATION DATE (IF IT IS NOT A LIFETIME ITEM), YOUR ACCOUNT'S EXPIRATION OR TERMINATION DATE, OR SUCH DATE WHEN THE SERVICE ENDS. FOR THE AVOIDANCE OF DOUBT, THE LIFETIME ITEMS SHALL BE VALID AND EFFECTIVE ONLY FOR THE TERM DURING WHICH THE GAME FOR THE LIFETIME ITEMS IS PROVIDED.
(g) REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR CASH ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE CASH ITEMS BUT HAVE LICENSE TO USE THE CASH ITEMS.
(h) We have no liability for "hacking" or loss of your Cash Items from your Account, unless the hacking is due to our gross negligence or willful conduct, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any Cash Item or any experience lost due to your violations of this and any other Game Rules and Policies, notices and/or agreements.
(i) You hereby agree to pay all charges incurred by you resulting from your use of the Service at the price(s) in effect when such charges are incurred. The examples of such charges shall include, but not be limited to, all telephone and internet access charges. You will also be responsible for paying any applicable taxes relating to such transactions. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions.
(j) You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or SMS/phone billing 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. If such event is not resolved within a reasonable time, your account shall be suspended and processed in accordance with Article 3.C.(3).(d).
(k) We reserve the right to limit the order quantity on any Cash Item and/or to refuse to provide you with any Cash Item in order to preserve the integrity of our systems and the Service. Such restriction includes, but is not limited to, the prevention of a Cash Item purchase attempt made with Nexon Cash charged with a certain payment method. Such payment method shall be designated by us. . Verification of certain information applicable to a purchase of a Cash Item may be required prior to Company’s acceptance thereof. Price and availability of the Cash Items are subject to change. The foregoing does not affect Cash Items that already have been purchased.
(l) You agree that you cannot and have no right to sell or otherwise transfer any of the Cash Items, Nexon currency or any other content or information included in the Service, unless permitted in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE), hack sites, privates server sites, gold farming sites or in return for anything of value (including "real" money) or otherwise.
D. HARDWARE AND SOFTWARE ACCESS
You hereby acknowledge that:
(1) The Company has the right to obtain, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, MAC address and Internet browser for purposes of identification and for diagnostic testing.
(2) The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
(3) The Company has the right to obtain, information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. The information obtained in this Article will only be used for the purpose of identifying persons or entities not in compliance or believed by the Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.
E. BETA TEST
Any and all individual user status, data or accomplishments once accumulated and stored during closed-beta test period shall be deemed transient in their nature, and NEXON shall have no obligation or responsibility whatsoever to restore or recover such status, data or accomplishments thereafter.
4. COMPANY MATERIALS
The Software and Service are intended solely for playing purposes and for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company's endorsement of such products or services. If you believe that certain content is incomplete or inaccurate, please contact our Customer Support department using the ticketing system located on the Site with, if possible, a description of the content to be checked and the location (URL) where such content may be found.
6. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE
Except for the personal information and content submitted by users of the Service, the Service and Software and all content included therein (including without limitation graphics, artwork, music, choreography, characters, character IDs, Forum IDs, account IDs, Cash Items and/or other items acquired or created in the Service, including through the Cash Shop) are owned by the Company or its licensors, and are protected by EU and other international intellectual property laws. You may not use our trademarks and trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages us. Except as expressly provided herein, we and our licensors do not grant you any express or implied rights, and all rights, title and interest that we have in and to the Service that are not expressly granted by us to you are retained by us.
B. YOUR LICENSE FROM NEXON EUROPE
Subject to and conditioned upon your compliance with this Agreement, Nexon Europe grants you a non-exclusive, limited, fully revocable license to use the Service, and the content contained therein in conjunction with the Service, provided that you do not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, emulate, perform, display, create derivative works from, or in any way exploit such content, except as Nexon Europe expressly permits in this Agreement or the Service. Your use of such content for any purpose other than as expressly permitted in this Agreement or the Service is a violation of the intellectual property rights and other proprietary rights of Nexon Europe and may subject you to civil liability and/or criminal prosecution under applicable laws.
C. YOUR LICENSE TO NEXON EUROPE
Use or downloading of the Software is conditioned on your acceptance of the terms and conditions of our End User License Agreement and any license agreements relating to such Software, including all third party agreements.
7. MAINTENANCE AND INTERRUPTIONS IN THE SERVICES
A. The Company reserves the right to temporarily suspend the Service on a regularly scheduled basis or otherwise with or without prior notice, in the case of urgency, in order for maintenance, testing, replacement, repair and upgrades the Software, the Service and their relevant systems and equipment as well as for transmission interruption or any other operational needs of the system. In addition, the Service may be interrupted for reasons beyond the control of the Company.
B. You acknowledge and agree that you will not be entitled to claim damages for such interruptions, delays and disruptions of the Service.
9. JURISDICTION ISSUES
The Service is not available or accessible in countries or territories where our games are serviced with a localized version of the Service through a licensed operator, such as South Korea, China, Japan, Taiwan, Singapore, Malaysia and Thailand. We make no representation that materials available on or through the Service, including, without limitation, the Software and the games, are appropriate or available for use in all locations. We reserve the right to limit, suspend, interrupt or terminate the availability of the Service, in whole or in part, to you and any other user or person, at any time and in our sole discretion in those jurisdictions where materials on or through the Service are not appropriate for use or where we do not have the right to offer some materials on or through the Service. Those who choose to access and/or use the Service from these jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. TERMINATION AND DISCONTINUATION
(1) This Agreement shall remain effective until terminated. If you wish to terminate your Account, you may do so by terminating your account as instructed on the Site.
(2) We reserve the right to suspend or terminate your Account and this Agreement if you violate the terms and conditions of: (i) this Agreement, (ii) the End User License Agreement, and/or (iii) any of the Game Rules and Policies of the games you have played.
(3) We also reserve the right to suspend or terminate your Account and this Agreement if we are required to do so due to a change of the applicable laws and regulations, due to a change in the contracts with our third party providers (e.g. payment system and software providers) or in order to preserve the integrity of our systems and the Service.
(4) In the event that your Account is suspended and/or terminated in accordance with Article 10.A.(2) or (3) due to your abusive activities, we may as a necessary measure also suspend and/or terminate some or all other Accounts played and/or used by you. For your information, those abusive activities that would cause suspension and/or termination of your other Accounts shall include, but not be limited to, hacking, gold farming and power leveling.
(1) You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology.
(2) In the case one of the events referred to in Article 10.A of this Agreement occurs, Company reserves the right, upon thirty (30) days notice, to discontinue the provision of the Service and nothing herein shall be construed as an obligation on the part of Company to continue the provision of the Service after the expiration of such notice period.
(3) Upon the expiration of such discontinuation notice period, your Account and this Agreement shall terminate.
C. EFFECT OF TERMINATION
(1) Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof.
(2) YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT IN ACCORDANCE WITH ARTICLE 10.A AND 10.B, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED US TO CHARGE YOU THROUGH THE PAYMENT SERVICE PROVIDER YOU CHOOSE IN CONNECTION WITH YOUR PURCHASE OF NEXON CASH, WHETHER OR NOT YOU ACTUALLY USED THE NEXON CASH TO OBTAIN CASH ITEMS.
Article 3.C.(3), Article 4, Article 6.A and C, Article 8, Article 10.C and D, and Article 11 through 14 (as well as the definitions applicable to such Articles) shall survive any termination of this Agreement or discontinuance of the Service.
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND LIABILITY MIGHT RESULT FROM THEIR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE SOCIAL NETWORKING FEATURES, THE CASH SHOP, ANY CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
12. LIMITATION OF LIABILITY
EXEPT THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR NEXON CASH), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY 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 TWENTY EUROS OR THE TOTAL AMOUNT OF REMAINING UNUSED NEXON CASH ON YOUR ACCOUNT. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS. WE WILL CO-OPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF OR LOCATE ANYONE FOR THE PREVENTION OR DETECTION OF CRIME OR THE APPREHENSION OR PROSECUTION OF OFFENDERS. YOU HEREBY ACKNOWLEDGE THAT THERE MAY BE OTHER CIRCUMSTANCES IN WHICH WE MAY BE REQUIRED BY LAW TO DISCLOSE INFORMATION ABOUT YOU OR YOUR USE OF THE SITE AND/OR THE SERVICE.
A. This Agreement is governed by and construed in accordance with the laws of Germany, without prejudice to principles of conflicts of laws that would result in the application of the law of a different jurisdiction.
B. Any disputes arising from the present Agreement shall be submitted to the jurisdiction of the Courts of the district of Berlin, Germany, unless the user is entitled to choose another jurisdiction in virtue of provisions that cannot be contractually waived.
C. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
D. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.
E. This Agreement is not assignable, transferable or sublicenseable by you except with the Company's prior written consent.
F. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.