Terms of Service

Please read the following “Terms of Service” and “Privacy Policy” closely before using any NEXUS Co. CO., LTD Services. You acknowledge and agree to follow and be bound by these Terms. If you do not recognize or consent to the following terms, you are prohibited from utilizing NEXUS Co.’s services. These terms constitute a binding agreement between you and NEXUS Co. CO., LTD and its affiliates (from now on, “NEXUS Co.,” “we,” “us,” or the company”) and govern all use by you of NEXUS Co. Services, except as may be otherwise noted in these Terms. Additional policies, standards, and supplemental terms and conditions may apply to NEXUS Co. Services. These will be available on the Sites or otherwise within NEXUS Co. Services and are incorporated by reference herein.

Terms Of Service

• 1. Definitions
• 2. Updates To These Terms of Service
• 3. Lawful Use
• 4. Children Under 13 Years of Age
• 5. Prohibited Uses
• 6. Account
• 7. Virtual Goods and Virtual Money
• 8. Security Rules
• 9. International Use
• 10. Proprietary Rights and Limited License
• 11. Limited License
• 12. Ownership of Intellectual Property
• 13. Our Rights to Use
• 14. Your Representations
• 15. PRIVACY POLICY
• 16. Disclaimers and Limitation of Liability
• 17. No Warranties
• 18. Limitation and Liability
• 19. INDEMNITY
• 20. GOVERNING LAW AND DISPUTES
• 21. NOTICE TO CALIFORNIA RESIDENTS
• 22. Entire Agreement
• 23. RELATIONSHIP OF PARTIES
• 24. WAIVER; SEVERABILITY
• 25. NO ASSIGNMENT
• 26. CONTACT US

Definitions

Software and Services are referred to as “NEXUS Co. Services.” “Software” means every and all software applications published, distributed, or otherwise made available by NEXUS Co. or its affiliates, including, but not limited to mobile games, downloadable/installable games for personal computers, and entertainment consoled devices. Games are accessed utilizing a browser or other online communication method. The software includes updates and upgrades and accompanying manual(s), packaging and associated files, documentation or other materials, and any copies of the preceding. “Services” means all services made available by NEXUS Co., including services accessed through mobile devices and third party social and mobile networks, using a browser or by other online communication methods, and via websites owned and controlled by NEXUS Co. or a third party (the “Sites”), including www.action2quare.com and any official websites for its Software.

Updates To These Terms of Service

We reserve the right to modify these Terms from time to time without advance notice and at our sole inclination. When we make changes to these Terms, we will upload them here. We encourage you to bookmark and review these Terms regularly while using NEXUS Co. Services. We provide you with access to and use NEXUS Co. Services strictly conditioned upon and subject to your compliance with these Terms.

Your Responsibilities

Lawful Use

You acknowledge and agree that NEXUS Co. Services is bound to be used only for lawful purposes consistent with their intended uses and according to these Terms. They are available only for your personal, noncommercial use where applicable laws and regulations grant your goal. NEXUS Co. Services may require hardware, software, devices, internet, and other third-party products and services, which you must separately obtain. You are responsible for obtaining and paying for such products and services to any associated party terms and conditions (including their payment terms for purchases related to NEXUS Co. services), which may impose further limitations on your use.

Children Under 13 Years of Age

NEXUS Co. Services are not subjected to users under 13 years of age (whether our content has been rated as appropriate). Therefore, you are NOT authorized to use NEXUS Co. Services for under 13 years. If you are between the ages of 13 and 17 or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms. You are accountable for your interactions and communications, including the transmission, posting, and uploading of information. You are responsible for the consequences of such interactions with and communications to NEXUS Co. Services.

Prohibited Uses

We emphasize that the company strictly prohibits any use of NEXUS Co. Services and require all users to agree not to use the NEXUS Co. Services for any of the following:

• Providing information that is incomplete, false, inaccurate, or misleading.
• Engaging in conduct that would constitute a criminal offense, causing problems to civil liability, or otherwise violate any city, state, national, or international law or regulation, or disrupt accepted internet protocols.
• Communicating, transmitting, or providing copyrighted materials unless the individual is the copyright owner or an individual who received the permission from the owner.
• Sharing or providing materials that reveal trade secrets unless the individual is the owner or is an individual with the license granted.
• Sharing or providing materials that violate her intellectual property, privacy, publicity, or contractual right of another.
• Disseminating or otherwise providing the material that constitutes unsolicited, inappropriate, libelous, defamatory, obscene, offensive, threatening, or otherwise harassing content
• Communicating, transmitting, or transferring (by any means) information or software derived from NEXUS Co. Services to foreign countries in violation of any applicable export control laws
• Attempting to interfere in any way with NEXUS Co. Services or our networks or network security (or those of our business partners), or trying to use NEXUS Co. Services to gain unauthorized access to any other computer system
• Communicating, transmitting, or otherwise providing the material that violates applicable laws or regulations
• Harassing, threatening, defrauding, or “stalking” any other users or any employees or contractors of NEXUS Co. or any of its business partners
• Making offers, advertisements, or proposals for goods, services, or other commercial activities outside of NEXUS Co. Services
• Using NEXUS Co. Services for anything other than their intended purpose or in any manner inconsistent with their intended use
• Using NEXUS Co. Services in violation of applicable laws and regulations, these Terms or any terms and conditions of third-party products, services, and platforms that are used in conjunction with NEXUS Co. Services
• Assisting, permitting, or encouraging any party in engaging in any of the activities described above

Account

• If you use the Services with guest account, we will create and assign to your device an identifier that is similar to an account number. Please keep in mind that you may not receive customer supports or may not use virtual money or virtual goods for which you have paid if you change your mobile device with guest account.
• You may allow our Services to interact with a third-party service, which will provide data about you to us. If you choose to connect to one of our Services through a third-party service such as Facebook, or Game Center or Google Play, we may collect personal information from your profile on such third-party services, such as your name, username, and photograph.
• You should ensure that you read their Agreement and privacy policies to understand how they treat your data and what data they might share with us. You are solely and fully responsible for keeping your login details confidential and all uses of your account, including any and all activities that are conducted through the use of your login details, whether not authorized by you.
• NEXUS Co. will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise. You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the Agreement, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).

Virtual Goods and Virtual Money

• Our Services may include fictional currencies such as coins, gold coins and points ("Virtual Money") and virtual items or services for use with our Services ("Virtual Goods"). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third-party store used by us, and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
• You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title, or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.
• You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
• We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
• We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
• Your payment shall be made in accordance with the payment policy of the platform of your use. You may change the payment methods.

Security Rules

Violations of computing, system, or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are interested in such violations. You are prohibited from violating or attempting to violate the security and integrity of NEXUS Co. Services, including, without limitation, the following:

• Accessing data not intended for you or logging on to our servers or accounts, which you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with or causing excessive use of the operation of NEXUS Co. Services, our provision of services to any other users or visitors to our Sites, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding,” “mailbombing” or “crashing” the Sites
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to NEXUS Co. Services
• Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any code or underlying ideas or algorithms of any part of the NEXUS Co. Services
• Using, developing, or distributing any “bot,” spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the NEXUS Co. Services (including for purposes of accumulating “digital” or “virtual goods” or “virtual currency” or bypassing features that otherwise require payment)
• Accessing the NEXUS Co. Services through an unauthorized hardware or software interface, including the use of emulation software.
• Assisting, permitting, or encouraging any party in engaging in any of the activities described above
• Suppose you create any accounts with us or with third-party services for use with NEXUS Co. Services. In that case, you are responsible for maintaining the security of your credentials, password, payment details, and other sensitive information for the account. You agree to pay all fees or charges incurred by such account, including applicable taxes, when the applicable fee or charge becomes payable. You are entirely liable for all costs made through your account when they are made, all such transactions are final, and there are no refunds, transfers, or exchanges.

International Use

We control and operate the NEXUS Co. Services from the Republic of Korea and process information within the Republic of Korea. We do not represent those materials available through NEXUS Co. Services are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the NEXUS Co. Services.

Software may be subject to export controls under the laws and regulations of the Republic of Korea and jurisdictions. By visiting, accessing, downloading, installing, or otherwise using NEXUS Co. Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the Republic of Korea Government’s lists of prohibited and restricted parties.

Proprietary Rights and Limited License

No material provided through NEXUS Co. Services may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, or distributed, except as expressly permitted under these Terms. The NEXUS Co. Services, including all their information and contents, such as names, logos, designs, text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, and software (collectively, “Materials and Content”), are NEXUS Co. property or that of our partners or licensors and are protected by patent, trademark, and copyright under the Republic of Korea and foreign laws. Except as otherwise provided in these Terms, by the Software or on the Sites, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from NEXUS Co. Services in whole or in part, for any public or commercial purpose without our specific prior written permission.

Limited License

We grant you a personal, limited, non-exclusive, non-transferable license (without the right to sublicense) to access NEXUS Co. Services (including by downloading applicable NEXUS Co. software, which is licensed and not sold to you) and to use the products and services expressly made available to you therein by these Terms. We reserve the right, for any reason or no reason, in our sole discretion and without notice to you, to modify such products and services and to terminate, change, suspend or discontinue any aspect of NEXUS Co. Services, including but not limited to, their Materials and Content as well as features, pricing (including pricing and availability of “digital” or “virtual goods” or “virtual currency”) and availability of Software. We will not be liable to you or any third party for doing so. We reserve the right to impose and enforce additional rules for and limits on the use of NEXUS Co. Services or restrict your access to part, or all, of NEXUS Co. Services without notice or penalty, including by terminating any user accounts for engaging in prohibited conduct or otherwise violating these Terms. We have the right to change these rules and limitations at any time, at our sole discretion.

Ownership of Intellectual Property

As between you and us (or any other entity or a person whose intellectual property is available through the NEXUS Co. Services), we (or the respective entity or person) are the sole and exclusive owner and authorized user of any registered or unregistered trademark, trade name and service mark appearing on the Site and are the copyright owner or licensee of the Materials and Content on the NEXUS Co. Services unless otherwise indicated. All such Materials and Content, along with the copyrights, trademarks, service marks, trade dress, and other intellectual property and proprietary rights therein, as between you and us, are owned by their third-party owner or us and may be registered in the Republic of Korea and internationally. You agree not to display or use such Materials and content inconsistent with these Terms without our prior permission. Nothing within NEXUS Co. Services should be construed to grant any ownership interest in or any license or right to use any such Materials and Content (including any “digital” or “virtual goods” or “virtual currency”) inconsistent with these Terms and without our prior written consent.

Except as otherwise provided herein, use of the NEXUS Co. Services does not grant you a license to any Materials and Content or features you may access through NEXUS Co. Services. You may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials and Content, features, or materials, in whole or in part. Any commercial use of NEXUS Co. Services is strictly prohibited, except as expressly allowed herein or otherwise explicitly approved by us. You may not download or save a copy of any of the Materials and Content for any purpose except as otherwise provided by us. Suppose you use NEXUS Co. Services other than as provided herein. In that case, you may violate copyright and other laws of the Republic of Korea and other countries and applicable laws. You may be subject to liability for such unauthorized use. All Materials and Content are protected by law, including, but not limited to, copyright and trademark law.

USER CONTENT

Our Rights to Use

All content, comments, feedback, suggestions, ideas, concepts, questions, or other communications (collectively “User Content”) that you submit to us through NEXUS Co. Services will be deemed non-confidential and non-proprietary. By submitting any User Content, you grant to us a perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, and transferable license to copy, publish, broadcast, translate, modify, create derivative works from, distribute, reproduce, or use the User Content in any commercial or non-commercial manner whatsoever. We will be free to use any ideas, concepts, knowledge, or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products or services that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content.

Your Representations

By submitting User Content, you represent and warrant that you have all necessary authorization and right to offer the User Content to us. The User Content does not (I) contain false or misleading information, (ii) infringe on the intellectual property or other proprietary rights or privacy rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening, or otherwise harassing content, or (iv) contain computer viruses, worms or other harmful files, scripts or code. You are solely responsible for the User Content. You, at this moment, agree to indemnify and hold us and our affiliates and our and their respective directors, officers, employees, agents, business partners, and content and service providers harmless from any damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the preceding representations or your violation of any law or rights of a third party. Please DO NOT provide any User Content to us for which you do not wish to grant us the preceding rights or make the representations and warranties by the above.

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms, our use of any personally identifiable information you provide via NEXUS Co. Services will be governed by our Privacy Policy. Please refer to our Privacy Policy for further information regarding our processing and use of your personal information. Our Privacy Policy is incorporated by reference into these Terms.

Disclaimers and Limitation of Liability

You assume all responsibility and risk concerning your use of NEXUS Co. Services, provided on an “AS IS” and “AS AVAILABLE” basis. NEXUS CO. DISCLAIMS, AND YOU AT THIS MOMENT IRREVOCABLY WAIVE, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT INFORMATION ACCESSED FROM OR VIA NEXUS CO. SERVICES ( INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND MATERIALS, FUNCTIONS, AND SERVICES PROVIDED ON OR THROUGH NEXUS CO. SERVICES, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND), INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE NEXUS CO. SERVICES OR THEIR FUNCTIONS OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE NEXUS CO. SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH NEXUS CO. SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH NEXUS CO. SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE THEIR USE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NEXUS CO. SERVICES IS DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

No Warranties

We make no warranties regarding any Materials and Content not owned by NEXUS Co., including any products or services to which you may be directed, linked, or otherwise connected from NEXUS Co. Services. You understand and agree that we are not responsible or liable for any such content, information, products, or services originating from or provided by a third party, including their availability and functionality. We do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on or through NEXUS Co. Services. Suppose we have authorized any NEXUS Co. Services for distribution through a third-party service through which you have downloaded and are accessing NEXUS Co. Services. In that case, you understand and agree that: (a) in addition to these Terms between you and us, you are responsible for complying with such service provider’s terms and conditions, which are between you and such service provider, and (b) neither NEXUS Co. nor such service provider is responsible or liable to you for the other’s products and services, including concerning any product liability, infringement, support, maintenance, functionality or availability of the other’s products and services.

Limitation and Liability

IN NO EVENT WILL NEXUS CO., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE NEXUS CO. SERVICES OR THE MATERIALS AND CONTENT OR FUNCTIONALITY OR FEATURES ON OR ACCESSED THROUGH THE NEXUS CO. SERVICES, AS WELL AS ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS OR CONTENT THAT MAY BE ACCESSED ON OR THROUGH NEXUS CO. SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF NEXUS CO. OR SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY NEXUS CO. SERVICES IS TO CEASE USING THE APPLICABLE NEXUS CO. SERVICES AND CANCEL ANY RELATED ACCOUNTS. UNDER NO CIRCUMSTANCES WILL THE TOTAL COMBINED LIABILITY TO YOU OF NEXUS CO., ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, OR CONTENT OR SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THE NEXUS CO. SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEXUS CO. IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE NEXUS CO. SERVICES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE PRECEDING LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold NEXUS Co., together with its affiliates and its and their respective directors, officers, employees, agents, business partners, and content and service providers (“NEXUS Co. Third-Party Beneficiaries”), harmless from any claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of NEXUS Co. Services, your violation of the Terms or the posting or transmission of any materials on or through NEXUS Co. Services by you, including, but not limited to, any third-party claim that any information or materials you provide infringe any third party proprietary right. You agree that the NEXUS Co. Third-Party Beneficiaries are express third-party beneficiaries of these Terms and have the right (and are deemed to have accepted the request) to enforce these Terms against you as third-party beneficiaries.

GOVERNING LAW AND DISPUTES

These Terms will be governed by, construed, and enforced by the laws of the Republic of Korea without affecting any conflict of law provisions.

Any dispute relating to these Terms, your use of NEXUS Co. Services, or any transaction with NEXUS Co. will be submitted to confidential and binding arbitration. However, suppose you have violated or threatened to violate any of our intellectual property or other proprietary rights in Materials and Content. In that case, we may seek injunctive in the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea. You consent to exclusive jurisdiction and venue in these courts. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted individually and not in a class, consolidated or representative action.

NOTICE TO CALIFORNIA RESIDENTS

Under Cal. Civil Code § 1789.3, please note that (a) NEXUS Co. is located at 20F, 419, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea, (b) fees for NEXUS Co. Services vary depending on the services selected by you, and (c) if you wish to contact us in connection with a complaint regarding NEXUS Co. Services or desire further information on the use of NEXUS Co. Services, you may correspond by mail or refer to our “Contact Us” page accessible from www.action2quare.com or our official support web page for the relevant NEXUS Co. game.

General

Entire Agreement

These Terms constitute the entire agreement between you and us and govern your use of NEXUS Co. Services, and they supersede any prior agreements between you and us. You also may be subject to additional terms and conditions that are expressly applicable to certain parts of NEXUS Co. Services, which are incorporated by reference herein. If there is any conflict between these Terms of Service and such additional terms and conditions, we will resolve the dispute at our sole discretion. We may terminate this Agreement and deny you access to NEXUS Co. Services at any time (including by completing user accounts for NEXUS Co. Services), immediately and without notice from us or any liability on our part if, in our sole discretion, you fail to comply with any provision of these Terms. You agree that you will not be compensated under any circumstances for any virtual money, virtual goods, anything else associated with your account, or for any other reason whatsoever, regardless of whether you are barred from access to them as a result of revocation of the limited license or change of our services.

RELATIONSHIP OF PARTIES

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us due to this Agreement or your use of NEXUS Co. Services.

WAIVER; SEVERABILITY

Any failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms will not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

NO ASSIGNMENT

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

CONTACT US

To contact us with any questions or concerns about these Terms or NEXUS Co. Services or provide any notice under these Terms, please refer to our “Contact” page accessible from www.action2quare.com.