THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF NHN ENTERTAINMENT SINGAPORE’S GAMES AND SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.
Terms of Use
These Terms of Use ("Terms") are a legal agreement between NHN Entertainment Singapore Pte. Ltd. ("NHN Entertainment" or "we") and you ("you") for the use of NHN Entertainment’s Games and Service. NHN Entertainment is the provider of games, and related services (the “Service”), which permits you to engage in game related activities, including but not limited to, participation in leader boards, multi-player games, and tracking achievements. The Service may not be available in all areas. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require creation of Service user account (“Account”); may require periodic updates; and may be affected by the performance of these factors.
1. Accepting the Terms
By using or accessing the Service, you agree that you have read, understood, and accept to be bound by the Terms. NHN Entertainment Privacy Policy is incorporated herein by reference. By accessing or using the Service, you agree NHN Entertainment reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms your only solution is to discontinue your use of the Service and cancel any Accounts you have made using the Service. These Terms remain effective from the date of acceptance until terminated by you or NHN Entertainment in accordance with this Agreement.
If you violate the Terms, NHN Entertainment reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that NHN Entertainment need not provide you notice before terminating or suspending your account(s), but it may do so. NHN Entertainment reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that NHN Entertainment may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with NHN Entertainment. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws. In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
2. Intellectual Property/Ownership
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Singapore copyright laws and/or similar laws of other jurisdictions. All intellectual property therein (whether registered or unregistered and anywhere in the world) are protected by intellectual property laws and other laws of Singapore, other countries and international treaties. Furthermore, nothing in the Agreement gives you a right to use any of NHN Entertainment’s trade names, trademarks, service marks, logos or domain names unless you have our express written permission. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without NHN Entertainment’s express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post. All other uses of copyrighted material, including any derivative use, require express prior written permission from NHN Entertainment. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. NHN Entertainment and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by NHN Entertainment. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by NHN Entertainment, or any derivative works thereof. NHN Entertainment grants you a personal, non-exclusive, non-transferable, revocable, non-assignable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
3. User Content
You agree that you are willingly publishing the content on the Service using technology and tools provided by NHN Entertainment. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of NHN Entertainment. You grant NHN Entertainment the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by NHN Entertainment. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and NHN Entertainment is not responsible for any files users upload, post, or otherwise make available. In particular, you are responsible for ensuring that you do not submit User content that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentation; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, goods or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any content that you use complies with these Terms and we may in our sole discretion remove such content, suspend and/or terminate this Agreement if you use any content that is in breach of these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. NHN Entertainment may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the NHN Entertainment application. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that NHN Entertainment will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. NHN Entertainment reserves the right to remove and permanently delete any User Content from the Service with or without notice.
4. Privacy and Protection of Personal Information
Information collected from you is subject to the pertinent social network policies. By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with NHN Entertainment. We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy (as written below). Please read them carefully before starting using the Service. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.
5. Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or game-designated currency for use in the Service; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such Play Store or App Store Credits.
NHN Entertainment may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. NHN Entertainment shall have no liability to you or any third party in the event that NHN Entertainment exercises any such rights.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE
The provision of Virtual Items for use in the Service is a service provided by NHN Entertainment that commences immediately upon acceptance by NHN Entertainment of your purchase.
6. Disclaimer of Warranty; Limitation of Liability
NHN Entertainment DOES NOT MAKE ANY WARRANTEES, CLAIMS OR REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME NHN Entertainment MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL NHN Entertainment, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NHN Entertainment’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Termination of this Agreement
You may terminate this Agreement and your relationship with NHN Entertainment at any time by ceasing to use the Service. Without limiting other remedies, NHN Entertainment may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Service at any time if: (A) YOU ARE IN DEFAULT OF THESE TERMS; (B) YOU ARE ENGAGED IN ILLEGAL ACTIONS, OR INFRINGE PROPRIETARY RIGHTS, RIGHTS OF PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, OR ANY THIRD PARTY RIGHTS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR US; (C) REQUIRED BY APPLICABLE LAWS/REGULATIONS AND WITHIN THE TIME LIMITS AS REQUIRED BY SUCH LAWS/REGULATIONS; (D) WE DECIDE TO CEASE OFFERING THE SERVICE TO USERS GENERALLY. Upon termination of this Agreement; (a) all licenses and rights to use the Service shall immediately terminate; (b) you will immediately cease any and all use of the Service. Any suspension or termination of this Agreement will not affect your obligations to NHN Entertainment under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. (c) YOU ACKNOWLEDGE THAT NHN ENTERTAINMENT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8. General
This Agreement constitutes the entire agreement between you and NHN Entertainment and governs your use of the Service, superseding any prior agreements between you and NHN Entertainment regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. NHN Entertainment’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. NHN Entertainment will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service is operated by NHN Entertainment from its offices in Singapore. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Singapore law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with NHN Entertainment or relating in any way to your use of the Service resides in the courts of Singapore. No NHN Entertainment employee or agent has the authority to vary this Agreement.
NHN Entertainment may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
NHN Entertainment reserves the right to take steps NHN Entertainment believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that NHN Entertainment has the right, without liability to you, to disclose any aggregated Account information to law enforcement authorities, government officials, and/or a third party, as NHN Entertainment believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to NHN Entertainment’s right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party’s rights).