Terms Of Use (23/02/20)
These Terms of Use (hereinafter referred to as "Terms of Use") are governed by websites, mobile apps, software (including games and game-related applications), and other services (hereinafter referred to as "Services") operated by NX3Games (hereinafter referred to as the "Company"). The terms of the contract applicable to the user are explained by stipulating the rights, obligations and responsibilities of the company and the user (hereinafter referred to as “Customer” or “User/Users”) for the use of services and other necessary matters.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.
The contents of the terms of use are posted within the game service or on the connection screen for users. When the user clicks the Agree button of the Terms of Use, it is deemed to have acknowledged and agreed to the Terms and Conditions.
The Company may change or amend the Terms of Use at any time in accordance with the relevant laws and regulations at its discretion. Amendments and the date of application will be posted in the game or Company website for users’ verification. By continuing to use the service even after the amended Terms of Use are posted, the user acknowledges and agrees to the changes to the Terms of Use.
The User agrees to electronically enter the Terms of Use as well as electronically storing records related to these Terms of Use.
The Terms of Use can be used by accessing the service provided by the company if the user who wishes to use the service agrees to the contents of the terms and conditions.
The service cannot be used outside of the countries and regions where the company officially provides the service, and access may be blocked, or the use of the service may be suspended when attempting or using the service in a country or region where the service is not provided. The company is not responsible for any damages incurred when using the service without approval.
Countries and regions where the service is available: All countries and regions except Korea and China.
This service is not provided to persons under the age of 18 and may be subject to different laws or policies in the respective jurisdiction of residence.
In order to use the services provided by the company, the company may request the user to create an account by stating and agreeing to have the legal capacity to agree and accept the contract in the jurisdiction in which the user resides.
If the user does not create an account or log in, all or part of the service may not be accessible, the Company will not take any responsibility or provide assistance for any damages.
The user must use the service with his or her account, and the user is responsible for the information necessary for use and management of the account.
The company owns the rights and interests, including intellectual property rights, for all services provided by the company or all items necessary to use the service, such as name, trademark, functional software, website design, audio, video, images and graphics of the service.
In principle, users do not have ownership of all services provided by the company and all contents created, purchased, and/or acquired through the use of services, and the company provides users with personal and non-commercial use, subject to the user's consent and complete compliance with these Terms of Use. The users understand and agree that they are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Services.
The Company reserves the right, in its sole and absolute discretion, to a)revoke the Limited License granted to the user, thereby limiting, or terminating the user's right to access or use the Service or any part thereof, b)maintain or delete the User's Account and all related items, including in-game Virtual Currency and Virtual Goods without liability.
You understand and agree that under no circumstances will you be compensated for any virtual currency, virtual items, virtual goods or anything else related to your account for any reason whatsoever, regardless of termination or changes to our services.
If you believe your work or other intellectual property rights have been infringed, you may notify us by contacting us and providing the following information, including the following information:
- A description of how intellectual property rights were infringed;
- A description of the infringing material and the location of the infringing material;
- Address, phone number and email address where you can be reached;
- Testimony that the information is accurate and under penalty of perjury, you have the right to sue on behalf of the owner of the exclusive right allegedly infringed;
- Testimony that the intellectual property owner disallowed use of the material
- A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringing exclusive right;
address
NX3Games
510 Teheran-Ro, Gangnam-gu, Seoul, Republic of Korea
The Services may include virtual currency, such as coins, gold coins, points, and virtual items or services that can be used while using the Services (hereinafter referred to as “Virtual Items”).
Users may acquire in-game virtual currency and virtual items while using the service, including online or in-game stores (hereinafter referred to as “Stores”).
The Company reserves the right to charge a fee for the right to access or use Virtual Currency or Virtual Items, and reserves the right to change the value of Virtual Currency or Virtual Items without prior notice.
You may also decide to distribute virtual currency or virtual items for free.
User has no exclusive ownership of Virtual Currency and/or Virtual Items acquired and the residual or balance of Virtual Currency and/or Virtual Items does not reflect cash or stored value. You acknowledge and agree that Virtual Currency or Virtual Items have no cash value and cannot be exchanged for real money, goods or services.
In principle, the user cannot receive a refund for content and items purchased normally according to the user's choice. If the charge approved by the user is refunded for any reason without prior agreement with the company, the user's account may be suspended or terminated.
In order to use the suspended account, the refunded amount must be paid to the company, and the company is not responsible for any credit card, bank-related fees, or fees related to the user's transaction.
Users are prohibited and acknowledge the transfer of virtual currency or virtual items originating outside of the service or selling, gifting or trading in the “real world” of anything appearing or arising from the service. Any such transfer or attempted transfer is void and may result in the termination of your account.
If the account is suspended or terminated, all rights to use virtual currency, virtual items, and account-related items are also suspended or lost, the Company will not be held responsible for compensation of virtual currency, virtual items and account-related items that are lost in violation of these Terms.
When an account is suspended or terminated, all rights to use virtual currency, virtual items, and items related to the account are also suspended or lost.
The Company will not compensate User or be held liable for loss of virtual currency, virtual items and account-related items in violation of these Terms of Use.
[In-game currency list and description]
|
Currency Name |
In-app Purchase Support |
Name |
Method of Acquirement |
Method of Use |
|
Ruby |
O |
An in-game currency that can be purchased at the store, and is used to purchase various packages, boxes, and consumables necessary for growth. |
In-app purchase, Trade with other players |
Buy package, Buy in-game items, Trade |
|
TARA |
X |
In-game currency that can be farmed in the game and used for various factors necessary for growth. |
Field Farming, Boss Clear, Dungeon Clear, Daily Quest |
Buy root box |
|
Gold |
O |
In-game currency that can be farmed in the game or purchased at the store and used for various factors necessary for growth. |
Field Farming, Boss Clear, Dungeon Clear, Daily Quest, In-app purchase |
Buy root box, Consumed for items such as equipment enhancement and character growth |
User may be subject to criminal and civil liability in connection with any attempt to interfere with or damage the operation of the Service, or breach of system or network security.
Accordingly, the company may request an investigation to a law enforcement agency or provide user information upon request from a related agency.
If a violation of the Terms of use is found or a violation is reasonably suspected, the company may delay, suspend, modify or terminate the user's use of the service without notice, unless otherwise required by relevant laws and regulations.
Prohibited acts are as follows.
- Entering false information when applying for use or changing member information
- Buying, selling, donating, or acquiring and using cyber assets (IDs, characters, items, game money, etc.) through services not provided by the company or through unusual methods
- Posting posts or sending emails by impersonating an employee or operator of the company, stealing someone else's name, or pretending to be someone else
- Purchasing paid content by stealing someone else's credit card, wired/wireless phone, bank account, etc., or illegally using another member's ID and password
- Acts of collecting, storing, posting or distributing other members' personal information without permission
- Any act of using the service in an unhealthy way, such as transmitting or distributing to
gambling, exchanging or posting obscene or vulgar information, or linking (links) to obscene sites, using words, sounds, writings, pictures, or videos that cause shame, disgust, or fear
- Acts of using the service for purposes other than its original purpose, such as for-profit, sales, advertising, public relations, political activities, and election campaigns without permission;
- Unauthorized copying, distribution, promotion, or commercial use of information obtained using the company's services, or using the service by exploiting known or unknown bugs
- Acts that may deceive others to gain benefits, inflict damage to others in connection with the use of the company’s services, manipulate results, such as game results, or affect game results such as forced termination of the game
- Acts that infringe on the intellectual property rights of the company or others (including all other rights such as trademarks, patents, etc., the right of portrait or trade secrets, or the act of defaming or inflicting damage to others)
- Intentionally transmitting, posting, or distributing information (computer programs) that are prohibited to be transmitted or posted by law, or viruses, computer codes, files, or programs designed for the purpose of disrupting or destroying the normal operation of computer software, hardware, or telecommunications equipment. dissemination or use
- Change the application without being granted special rights by the company, add or insert other programs into the application, hack or reverse engineer the server, leak or change the source code or application data, build a separate server
- Acts of impersonating the company by arbitrarily changing or stealing a part of the website
- Acts that interfere with the company's business or damage the company's reputation
- Transmitting, posting, or disseminating information, sentences, figures, sounds, or videos of vulgar or obscene content to others
- Any other act that violates relevant laws or is contrary to public order and policy, and other social norms
You may use the services of other companies' platforms, such as the Appstore, Google Play Store, steam, etc., to link to or embed services or content provided by other companies.
Before using the software, you must install additional software, register for additional accounts, agree to the terms of other companies, and take other actions.
Your use of any other company's services or content linked to that company's services is at your own risk and is subject to the other company's terms and conditions.
The company is not responsible for any problems that may arise from the use of the services or content of other companies related to the company's services.
When using the services provided by the company, your device may connect to other companies' networks, and you may be charged for using these networks.
You are solely responsible for all costs and fees associated with accessing and using the Services, such as Internet Service Provider fees, telecommunication fees, text messaging fees, broadband fees, and all devices and equipment used in connection with the Services.
The company may include blockchain-based digital asset contents in the services provided by the company, and in order to use digital asset contents, you must agree to the terms of the third party company and complete user registration.
Digital asset content is not a mandatory requirement for service use, and the user shall decide whether to use it.
Digital asset content means items or data based on blockchain technology, including but not limited to cryptocurrencies, NFTs, and game tokens, and some content of the Services may be provided in the form of digital assets.
- Non-Fungible Token (NFT): NFT refers to all digital assets on the blockchain that cannot be exchanged for other tokens. Certain items in the game may be offered as NFTs.
- FT (Fungible Token): refers to all digital assets on the blockchain that can be exchanged for other tokens, including, but not limited to, game tokens and cryptocurrencies. Certain items in the game may be offered as FT.
1) The company reserves the right to designate digital asset content, and may change, add, or cancel the designated item at any time at the company's discretion.
2) The user agrees that the company does not guarantee the permanence of the value or existence of items designated as digital asset content.
3) Digital asset contents owned by users are included in or linked to the company's services, and users understand that the value of digital asset contents may be affected through updates, service changes, and cancellations depending on the company's operating direction.
4) All problems caused by the use of digital asset contents are the result of personal execution according to the consent of the user, and the company shall be not responsible for the situation.
5) Due to the high volatility of blockchain-based digital assets, the company does not have any compensation or liability for damages caused by changes in the value of users' digital asset contents.
6) Users are solely responsible for the management of digital asset contents, and the company is not responsible for any problems arising from the user's poor management.
7) Blockchain-related regulations and provisions are incomplete and uncertain, and new regulations and policies may affect the blockchain-based content included in the services provided by the company.
When a user acquires an NFT Item, ownership is granted to user, and the user grants us a limited, non-exclusive, worldwide, revocable license to access, perform and display visual representations for only the purposes listed below, provided that the user complies with these Terms of Service.
1) For personal, non-commercial use as part of the game experience and for storage in a crypto wallet
2) Purpose of transfer or disposal through the marketplace
This license continues as long as the user continues to own the NFT, unless otherwise specified in these Terms. If at any time the user decides to transfer or dispose of NFT for any reason, the relevant rights and licenses granted to the user will terminate immediately and without notice.
Rights not expressly granted are reserved by us and/or our licensors, and user do not, directly or indirectly, have the rights below.
1) Modify the visual representation in any way, including but not limited to shape, design, picture, attributes, characteristics or color, or create derivative works based thereon;
2) Selling, distributing, or commercializing products that use visual representations in video or other forms of media; or include or consist of visual representations.
3) Acquiring additional intellectual property rights for visual expression for the commercial benefit of a third party; or creating, selling or attempting to divide profits.
4) The act of separating and disconnecting visual representations from connected NFTs.
NFT can be used as a character's AVATAR (Costume), and when used on a user's character in the game, additional effects can be obtained for various stats. It is also related to the increase in the goods obtainable in the game.
In order to acquire NFTs used in AVATARA for the first time, they can only be acquired by using tokens or event tickets on the blockchain. NFTs cannot be acquired through in-game shop purchases.
Users buy in-game items/keys/inconvertible VC and after completion of end-user sale they can activate it to get NFTs.
Users can’t request a refund after activating in-game items/keys and getting NFT.
Xsolla is a global distributor of in-game items/keys/non-convertible virtual currency (not NFTs) and does not operate as a seller of NFTs. Also, NFT items cannot be purchased in the store associated with Xsolla in-game.
The company may place advertisements within the game service in connection with the operation of the service. In addition, only members who have agreed to receive advertisement information will be notified by e-mail, text message service (LMS/SMS), push notification, etc. Company will not send advertisement information to members who refuse to receive it.
You may be linked to advertisements or services provided by others through banners or links among the services provided by the company.
When linked to advertisements or services provided by others, the service provided in that area is not the service area of the company, so the company does not guarantee reliability, stability, etc., and the company is not responsible for any damages to members. However, this is not the case if the company intentionally or negligently did not take measures to facilitate the occurrence of damages or to prevent damages.
The company does not guarantee the existence of the company and the service, and/or that the details of the service are perpetual.
The Company does not guarantee the legality, integrity, safety or accuracy of any websites, services, etc., accessible through third-party platforms not directly provided by the Company.
The Company is not responsible for any deletion, loss, problems or damage to data or information related to the Company's services or equipment.
Depending on the circumstances, the use of the service may be temporarily suspended for technical or maintenance reasons, and the user acknowledges that the company is not responsible for the loss of information, data, transactions, or other information and data due to the inability to use the service or suspension of use of the service. I agree.
The company is not responsible for any damages to users caused by unauthorized access to the service, penetration of computer viruses, or actions of third parties.
The company is not responsible for disputes between users and third parties due to the use of this service.
The company is not responsible for any direct or indirect damages resulting from device malfunctions, errors, or information disclosure caused by user or third-party malware, spyware, viruses or hacking.
The company may modify or change the services provided as necessary, and shall not be liable for intangible damages, either direct or indirect.
When using services provided through third-party platforms, users must fully understand, review and agree to the terms and conditions of other companies, and assume full responsibility for any damages and risks that may arise from their use.
In the event that the User has a complaint about any part of the Services or any related terms and conditions, the User's sole and exclusive remedy is to discontinue use of the Services.
If any part of these Terms of Use is found to be illegal, void or unenforceable under applicable local law or the jurisdiction of any relevant court, that provision will be severed and the remainder of these Terms and Conditions will remain in effect.
1) If the user is a resident of the United States, in principle, any dispute or claim arising out of the Terms of Use or in connection with the use of the service shall be governed by and construed in accordance with the laws of the State of California without affecting the choice or conflict of law. Any dispute or claim arising out of or relating to these Terms of Use or Services, and not subject to an arbitration agreement pursuant to Section 11, shall be irrevocably submitted to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California.
2) If the user resides in another country, all disputes or claims arising out of the terms of use or in relation to the use of the service shall be governed by and construed in accordance with the laws of the Republic of Korea without affecting the choice or conflict of law principles, and in Seoul, Korea. The Seoul Central District Court, where it is located, has exclusive jurisdiction.
3) If there is a claim against the company in relation to the terms of use or service use, it is recommended to contact the company's customer center and request resolution.
If both parties do not reach an agreement within 30 days of initial contact, either party may refer such dispute to the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration will be conducted before a single arbitrator jointly chosen by the parties. If the parties cannot agree on an arbitrator, they may request the Korean Arbitration Association to appoint an arbitrator.
Notwithstanding Section 10, if you are a resident of the United States, you and the company agree to resolve all disputes and claims by binding arbitration in accordance with this section.
1) Any dispute, claim or controversy arising out of or relating to the Terms of Use or the relationship between the User and the Company shall be decided exclusively by binding arbitration. Disputes, however, do not include claims for infringement, protection or validity of intellectual property rights, or claims brought in small claims court.
2) Both parties may elect to have their disputes finally and exclusively resolved through binding arbitration. A party seeking arbitration must first send a written notice of the dispute to the other party by certified mail to NX3Games, 2nd floor, Luceen Tower, 510, Teheran-ro, Gangnam-gu, Seoul, Korea. The notice must explain the nature and basis of the claim or dispute and set out the remedy the claimant seeks. If you and the company do not agree to settle the claim within 30 days of receiving the notice, you or the company may initiate an arbitration proceeding.
3) Either party's choice to arbitrate is final and binding on the other party. Notwithstanding any other choice of law provisions contained in this Agreement, the interpretation and enforcement of these provisions shall be governed by federal arbitration laws. The arbitration is administered by the American Arbitration Association (“AAA”) in accordance with the then-current Consumer Arbitration Rules (“AAA Rules”). AAA regulations are available at www.adr.org/consumer. Your share of your arbitration fees and arbitrator's compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. Arbitration may be conducted in person, by filing, by phone, or online. Arbitration for claims not exceeding $25,000 will be conducted solely on documents submitted to the arbitrator by you and the company. The arbitrator must make its decision in writing and, if requested by either party, explain the reasons. Either party may bring action in court to enforce arbitration, to proceed with arbitration, or to confirm, amend, revoke, or adjudicate any award entered by the arbitrator.
4) You agree that any arbitration will be conducted solely on an individual basis and not as a class action, collective or representative. You acknowledge and agree that you are giving up your right to participate as a plaintiff or class member in any class or representative action attempted or challenged by a jury. The arbitrator does not consolidate your claims with those of others and does not preside over any form of representation or classification. The arbitrator may award declaratory or injunctive relief in favor of the individual party seeking relief, only to the extent necessary to provide the relief warranted by that party's individual claims.
5) Unless otherwise agreed by the user and the company, the arbitration will take place in the county where the user resides.
6) If the arbitrator renders a judgment in favor of the user on the claim brought by the user to the company and the company issues a judgment to the user that has a greater monetary value than the last written settlement offer made before the final written submission to the arbitrator, the company will reimburse any arbitration fees paid to the AAA.
7) The Company may amend the Terms of Use at its discretion, but any changes to the conditions or rules set forth in this Article will not have effect with respect to disputes arising before the effective date of such changes. Any change to the arbitration provision must be notified at least 30 days prior to the change becoming effective.
Inquiries regarding the terms of use or service use can be made through the website, customer center within the service, or help@nx3games.com