NEXON AMERICA, INC.
Terms of Service
Last Revision: 2 December 2015
Effective Date: 14 December 2015
Nexon America, Inc. (“Nexon”) offers various web pages, online games and interactive services (e.g., our forums, customer support portal, knowledge base, etc.) (collectively, the “Service”). The Service offered to you is conditioned on your acceptance of several different agreements. These agreements are:
- The End User License Agreement (“EULA”) that applies to the interactive software entertainment products and services offered by Nexon (e.g., our games);
- The Privacy Statement;
- These Terms of Service (“ToS”);
- Additional terms that govern particular features or offers (for example, our Code of Conduct, our User Generated Content policy, etc.) (“Additional Terms”). A full list of Additional Terms can be found here; and
- Applicable third party terms that you may need to accept to utilize certain parts of the Service (e.g., payment processor terms; third party distribution platform terms, integration of social networking profiles, etc.).
The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control. For example, in the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall control. In the event of a conflict between the Additional Terms and the EULA, the EULA will control.
By accepting these Terms of Service, you are accepting all agreements that are part of the Service
- PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy (except for a single backup copy and transient copying required to operate the Service), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
- SERVICE REGISTRATION
2.1 Registration Required.
Some of our Services require you to create an account with us, with a user ID and password. When registering for an account, you agree that you will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password, (d) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (e) immediately notify us if you discover or otherwise suspect any unauthorized use of your account.
2.2 Registration Process.
To register an account, you will be required to provide us with certain information about yourself, including, without limitation your name, birthday, email address and other personal information. Your information will be handled by us in accordance with our Privacy Statement. You may have the option to provide us with your social media network information and use that information as your account log in. Once the registration form has been submitted, we may send you an email to verify the information you submitted. You must click on the link or otherwise follow the instructions in the verification email to complete the account registration process.
2.3 Account Eligibility.
You may establish an account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an account); (ii) you are at least thirteen (13) years of age; (iii) if you are not of the age of majority in your country of residence (generally this is eighteen (18) years old, but may be older depending on your country of residence), you have your parent or legal guardian’s permission to register for the Service (and you will provide evidence of such permission to us upon our request); and (iv) you are not an individual specifically prohibited by Nexon from using the Service. If at any time Nexon becomes aware that you have registered an account without meeting the foregoing requirements, Nexon reserves the right to suspend, terminate and/or delete the account.
As part of the registration process, you will also be asked to select a user ID and password for your account which you will use each time you access the Service. We reserve the right to refuse to grant you or to terminate your use of a username that: (i) impersonates someone else, including, without limitation, another user, a non playable character or a game master, (ii) is or may be illegal or is or may be protected by trademark 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, or (vi) is otherwise inappropriate, regardless of our software's ability to disallow such usernames.
2.5 Account Security.
You are responsible for the confidentiality and use of your account information and agree not to transfer your right to use or access the Service via sharing your username or password to any third person. If you have reason to believe that your account is no longer secure, you should promptly change your password and notify us of the problem by submitting a ticket to our Customer Support department. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2.6 Account Ownership.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NEXON. NEXON does not recognize or allow the transfer of accounts between players. You may not purchase, sell, gift or trade any account, or offer to purchase, sell, gift, or trade any account, and any such attempt shall be null and void and may result in the forfeiture of your account. This does not apply to gifts of NX or virtual items.
2.7 NX, Purchase of Virtual Items and Account Balances.
While using the Service, you may have the opportunity to visit online and in-game “stores” where you can obtain and use Nexon’s virtual currency, known as NX, and digital, in-game items. Anything obtained in our stores is not purchased by you, but rather is licensed to you under the terms of this ToS and the applicable agreements. NX has no "real world" value, but may be exchanged for in-game items. You acknowledge that the NX acquired through the Service is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time. 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.
All purchases of NX and/or virtual items in our stores are subject to our Terms of Sale policy. All purchases made through third party distribution platforms (e.g., purchases made on Steam) are subject to that third party platform’s terms and conditions.
We have no obligation or responsibility to and will not reimburse you for any item or any NX lost due to your violations of this ToS or any other applicable agreement.
2.8 Service Termination.
Nexon reserves the right, in its sole discretion, to terminate your access to any or all parts of the Service at any time, without notice, if you fail to comply with these ToS.
- SERVICE USE
3.1 No Unlawful Use.
As a condition of your use of the Service, you warrant to Nexon that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Code of Conduct
Nexon has made available a Code of Conduct which applies to your use of the Service, including your use of the games offered by Nexon. You agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein.
3.3 No Data Mining.
You agree that you will not (a) obtain or attempt to obtain any information from any part of the Service using any method not expressly permitted by Nexon; (b) intercept, examine or otherwise observe any proprietary communications protocol used by any part of the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through any part of the Service, including without limitation information about your character, any account registered to you, virtual items, other players, or other Service-related data.
3.4 User Generated Content.
User Generated Content means all communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text, gameplay clips, and content you make that is based on or utilizes Nexon’s intellectual property. All User Generated Content is subject to the User Generated Content Policy.
You agree and acknowledge that User Generated Content is specifically NOT governed by Nexon’s Privacy Statement, and instead is governed by this ToS.
3.5 Claims of Intellectual Property Rights Infringement.
Notifications of claimed intellectual property rights infringement should be sent to Nexon’s designated agent. ALL INQUIRIES NOT RELEVANT TO CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT WILL RECEIVE NO RESPONSE IF SENT ACCORDING TO THIS PROCESS.
- SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE
Nexon and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Nexon owns and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Service, and all portions thereof including any downloadable software or content made available through the Service. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with Nexon’s ownership of and rights with respect to the Service. You shall have only those rights in and to the Service as are expressly granted to you under this Agreement.
4.2 License to Software and Content
From time to time the Service may make available certain software and content for you to download or otherwise access. Your use of this software or content, excluding User Generated Content, is governed by the terms of the agreements listed in Section 1 above, as well as the following:
- We hereby grant you a royalty-free, personal, limited, revocable, non-sublicensable, and non-exclusive license to:
- Install a copy of any downloadable software or content on a device under your legitimate control; and
- Access and use the Service solely for your own personal, non-commercial, entertainment purposes.
- No other rights or licenses, whether express or implied, including without limitation any implied patent licenses, are granted by Nexon. This means, without limitation, that you may not:
- Copy software or content made available on the Service except for a single backup copy and except for incidental reproduction required to run the Service on your device;
- Sell, rent, lease, license, distribute or otherwise transfer or make the Service available to any other person, in whole or in part, or use the Service or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service
- The only exception to this restriction is the featuring of parts of the Service on social media channels that are supported by advertising. For more information on this, please see our User Generated Content policy;
- Make available, adapt, publicly perform, or publicly display the Service or any adaptations thereof;
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Service or any portion thereof, in whole or in part; provided that decompilation is permitted to the extent required to obtain information required to make the Service interoperable with independently developed software; provided that you will first attempt to obtain such information from Nexon, you will not use the obtained information for any other purpose and not share it with any third party except to the extent required for such purpose, and otherwise comply with all legal requirements restrictions;
- Remove, disable or circumvent any proprietary notices, labels or access control technology contained on or within the Service or any portion thereof; or
- Export or re-export the Service or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.
- You are required to keep intact all copyright and other proprietary notices. All third party notices accompanying any software or content are provided for informational purposes only.
- Software and content made available on the Service is owned by Nexon and/or its third party developers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER CONTENT FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
4.3 License Termination
The above described license is conditioned on your compliance with all agreements applicable to you, and shall terminate upon the earlier of: (a) your breach of any part of these agreements; or (b) our termination of the Service or the removal of software or content to which the license applies. If you breach any provision of the agreements applicable to you, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some software or content made available through the Service may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use that software or content. You may not remove, delete, or alter any watermark or other digital rights management technology or other information.
- LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEXON AND/OR ITS RESPECTIVE DEVELOPERS AND SERVICE PRODIVERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. INFORMATION RECEIVED VIA THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT CONTAINED ON THE SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT NEXON SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY CONTENT OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT NEXON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NEXON IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL NEXON AND ITS DEVELOPERS AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEXON OR ITS DEVELOPERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
- THIRD PARTY SERVICES AND CONTENT
6.2 Social Media.
If you are a registered user of certain social media networks (e.g., Facebook, Twitter, etc.), you may have the opportunity to utilize your social media account data to take advantage of certain features on the Service (e.g., friend search). Your social media account is subject to separate terms and conditions provided by the social media network at issue. If you utilize a social media account connect feature, others will be able to associate your user ID and/or in-game name with your real name on the Service. You hereby acknowledge that neither Nexon nor the social media network at issue is responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by any particular social media network.
6.3 Links to Third Party Sites.
The Service may contain links to or feeds from websites controlled by third parties (“Linked Site(s)”). The Linked Sites are not under the control of Nexon and Nexon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Nexon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nexon of the site or any association with its operators.
Any dealings with third parties (including advertisers) included within or available via a link from the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Nexon shall not be responsible or liable for any part of any such dealings or promotions.
- MODIFICATION OF THE ToS.
Nexon reserves the right to change the ToS at any time. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement. The most current version of the ToS can be reviewed by clicking on the "Legal Documentation" hypertext link located at the bottom of our Web pages. If we change the ToS, we will communicate the changes to you before changes are made effective and we will update the Effective Date listed above. Your continued use of the Service after such notification of changes will constitute your acceptance of such changes.
- DISPUTE RESOLUTION
In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, this Agreement or any policy, document or agreement incorporated herein (“Dispute”), you and Nexon agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute (except as set forth in Section 8.4below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Nexon will send its notice to your billing address and email you a copy to the email address you have provided to us.
You will send your notice to Nexon at Nexon America, Inc., 222 N. Sepulveda Blvd., Suite 300, El Segundo, CA 90245, United States of America, Attn: Legal Department.
8.2 Binding Arbitration.
If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 8.4). Arbitration of a Dispute shall be a final and binding determination on you and Nexon. You should review this provision carefully. This arbitration provision limits your and Nexon’s ability to litigate claims in court and you and Nexon each agree to waive our respective rights to a jury trial.
The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (the "JAMS") or, where appropriate, the JAMS International Rules, both of which are available at the JAMS website (www.jamsadr.com). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND NEXON ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and Nexon agree that any arbitration shall be limited to the Dispute between Nexon and you individually. SPECIFICALLY YOU ACKNOWLEDGE AND AGREE THAT:
- A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND NEXON;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
- YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
8.4. Exceptions to Negotiations and Arbitration.
You and Nexon agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nexon’s intellectual property rights;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
- any claim for injunctive relief;
- any claim within the jurisdictional limits of the small claims courts;
- any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf; and
- any claim you are authorized by applicable mandatory local law to bring to the attention of a court.
8.5. Location of Arbitration.
If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For permanent residents of the EU or Switzerland, any arbitration shall be initiated in the Grand Duchy of Luxembourg. For all other users, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to this Section shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Nexon agree to submit to the personal jurisdiction of that court.
8.6. Governing Law.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence.
For All Users Other than permanent EU or Switzerland Residents. You agree that this Agreement shall be deemed to have been made and executed in the State of California, U.S.A., and any Dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by you against Nexon shall be commenced and maintained exclusively in any state or federal court located in Los Angeles County, California, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts.
For Permanent EU or Switzerland Residents Only: You agree that this Agreement shall be deemed to have been made and executed in the Grand Duchy of Luxembourg and that it is subject to the laws of Luxembourg. However, where the laws of Luxembourg provide a lower degree of consumer protection than the laws of your country of residence, or where applicable mandatory laws do not permit a choice of law, the consumer protection laws of your country shall prevail. Regardless of application of law, you agree that any claim asserted in any legal proceeding by you against Nexon shall be commenced and maintained exclusively in any state or federal court located in the Grand Duchy of Luxembourg, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. Compulsory courts of jurisdiction according to applicable local laws remain reserved.
8.7. Attorneys' Fees.
If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith.
8.8. Severability of Dispute Resolve.
You and Nexon agree that if any portion of this Section 8 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 8 shall be given full force and effect. Any Dispute subject to any such portion of this Section 8 shall be decided by the arbitrator.
- GENERAL PROVISIONS
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Nexon. Nexon may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
9.4. Export Controls.
To the greatest extent permitted by applicable law, you shall abide by all applicable export laws and regulations in its use of the Service. The Service, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9.5. Captions and Section Headings.
The captions and section and paragraph headings used in this ToS are inserted for convenience only and shall not affect the meaning or interpretation of this ToS.
9.6. Equitable Relief.
You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Nexon for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Nexon resulting in irreparable harm to Nexon that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Nexon shall be entitled to seek injunctive and other appropriate equitable relief (without the necessity of proving actual damages, except where prohibited by applicable mandatory laws, or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.
9.7 No Waiver.
Our failure to enforce any provision of this ToS or any applicable agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS or any applicable agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- CONTACT US
Nexon America, Inc.
Attn: Privacy Administrator
222 N. Sepulveda Blvd., Suite 300
El Segundo, CA 90245 United States of America
In addition, we can be reached through use of our Customer Support portal, which is located at support.nexon.net
© 2015 Nexon America Inc. - All Rights Reserved