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Terms of Use

This agreement contains important legal information.

NEXON Europe GmbH - TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE MENTIONED WEBSITE OR DOWNLOADING ANY GAMES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

This Terms of Use (the “Terms”) is an agreement between you and Nexon Europe GmbH, along with our representatives, affiliates, managers, partners, shareholders, joint ventures, third-party contractors, employees, licensees, licensors, and agents (collectively “NEXON ” or “Company” or “we” or “us” or “our”). NEXON provides the Games to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Games (“Service”). These Terms include the NEXON Privacy Policy, which is hereby incorporated by reference.

These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms. By continuing to use the Games subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.

When using the Games, you shall be subject to any rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms (“Game Rules and Policies”). We may also offer other games or websites that are governed by different terms.

This Terms of Use was last updated on June 1st, 2016.

1. INFORMATION ABOUT US
We are NEXON Europe GmbH (“Nexon Europe”), a company incorporated under the laws of Germany and with registered office at Mollstraβe 30-32, 10249 Berlin, Germany, pursuing its activities with a German commercial registration number (HRB: 166330 B).

2. ABOUT OUR GAMES and ACCOUNT

(1) The Games may be made available to you directly, or through third party services, such as the Nexon One Platform serviced by Nexon America Inc. or Steam Platform serviced by Valve Corporation. These third party services may require you to download and install software and create an account before downloading the Games (“Account”). By signing up for an Account, you represent and warrant that you are a “natural person” who is over the age of eighteen (18) years old (or over the age of majority in the country where you are a citizen) or whose legal guardian has granted their consent to use the Service and that you and/or your legal guardian agree to all of the terms and conditions of this Terms, the Privacy Policy, and to each governing terms of the third party services. 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 this Terms and any and all other Game Rules and Policies, notices and/or agreements.

(2) In addition, you may be required to register an account with Nexon and sign into that account in order to access some portions and features of the Games. If you choose to create and utilize an account – whether with Nexon or with a third party service – you are responsible for maintaining the confidentiality of the password and username, and you are fully and solely responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by submitting a ticket through the ticketing system available on the www.nexon.net and/or any other systems. If you interact with us or with third-party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, and credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.

3. 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 may also 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.

(3) All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Terms and our Privacy Policy, which is hereby incorporated by reference.

(4) 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. 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.

4. SERVICE USE & RESTRICTIONS

A. BASIC USE

(1) You may use the Service subject to the terms and conditions of this Terms.

(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 website;

· 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 employee, representative of Nexon (including a GM) or attempt to mislead users by indicating that you represent Nexon or any of Nexon'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;

· 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 website 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 Terms;

· 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 website or through the Service, or web sites or forums related to the website or Service, including without limitation the Forums.

C. PLAYING GAMES

(1) General: At all times you shall comply with the terms and conditions of this Terms 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 4.C above. While participating in a Forum, in addition to adhering to the code of conduct set forth in Article 3.4 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.

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.

The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or website for demographic purposes.

(2)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 Terms 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.

5. VIRTUAL CASH

While playing our Games, you may have the opportunity to visit our online stores and use online “cash” to license a variety of virtual items that can be used while playing various Games (“Cash Items”). You may be required to provide us or another payment service designated by us (e.g., PayPal) with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each “real world” Euros or unit of other currency that you authorize us to charge to your credit card, you will be awarded a designated amount of virtual currency; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each “real world” Euros or unit of other currency. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS TERMS AND/OR THE DISCONTINUATION OF THE SERVICE. You may also be awarded points to use for virtual “shopping.” These points have no “real world” value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency or points will be included in your account until the earlier of that item’s expiration date, your account’s expiration or termination date, or such date when the Games is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. We have no liability for loss of your items from your account, 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 item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. You understand that any credit card transaction-related information will be treated by us in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to us or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Games at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse to provide you with any item. Verification of certain information applicable to a transaction involving an item may be required prior to our acceptance thereof. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in the Games, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE), hack sites, private server sites, gold farming sites or in return for anything of value (including “real” money) or otherwise. You acknowledge that the virtual currency acquired through the Games is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time.

6. 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 website with, if possible, a description of the content to be checked and the location (URL) where such content may be found.

7. LINKS

The website on which the Games are provided (“Site”) may contain links and/or advertisements to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by the Company. The Company has not reviewed all of the web sites that are linked to the Site, and the Company has no control over such sites. The Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site unless we have been duly notified of the illegality of these sites according to the applicable e-commerce laws. The Company is providing these links to you as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from such web sites is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature. You acknowledge that the Company will not be party to any transaction or contract with a third party that you may enter into and the Company shall not be liable to you in respect of any loss or damage which you may suffer by using such sites.

8. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE

A. OWNERSHIP

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 Terms, 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 Terms or the Service. Your use of such content for any purpose other than as expressly permitted in this Terms 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

When you provide content to or create content using the Service, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable right throughout the world for a term during which our Service is provided to exercise all copyright, publicity, and other rights you have in the content in any media known now or in the future. Such rights include all rights you have in use, distribution, reproduction, modification, adaptation, creation of derivative works, translation, public performance and public display of the content. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. We reserve the right to remove any content you provide to us or otherwise post on the Site at our sole discretion and without prior notice or any liability to you. You represent, warrant and agree that none of the content you provide to or create using the Service violates any third party's intellectual property or other rights or is subject to any obligation, whether of confidentiality, attribution or otherwise.

D. SOFTWARE

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.

9. 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.

10. 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.

11. TERMINATION AND DISCONTINUATION

A. TERMINATION

(1) These Terms 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 Terms if you violate the terms and conditions of: (i) this Terms, (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 Terms 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 11.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.

B. DISCONTINUATION

(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 11.A of this Terms 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 Terms shall terminate.

C. EFFECT OF TERMINATION

(1) Upon termination of this Terms 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 TERMS IN ACCORDANCE WITH ARTICLE 11.A AND 11.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.

D. SURVIVAL

Article 5, Article 6, Article 8.A and C, Article 11.C and D, and Article 12 through 15 (as well as the definitions applicable to such Articles) shall survive any termination of this Terms or discontinuance of the Service.

12. DISCLAIMERS

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.

13. 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 TERMS 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.

14. INDEMNIFICATION

As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Terms, the Privacy Policy, the Game Rules and Policies, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company's resolution (if any) of any dispute you have or claim to have with one or more users of the Service and/or Site; and (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you.

15. MISCELLANEOUS

A. This Terms 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 Terms 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 Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms 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 Terms 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 Terms shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.