TERMS AND CONDITIONS

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Last updated: December 15, 2020

1. Contract Between Neowiz and You

The purpose of this legal agreement (“Agreement) is to set forth the rights, obligations, responsibilities and other necessary matters between NEOWIZ Corporation and you. You may use a service in connection with the download, use of mobile games and social games (“Products”) and overall services ancillary thereto (the “Service(s)”) for your mobile or other supported device (“Device”). Use of the Service(s) is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a Service(s), including any amendments or updates thereto. Use of the software relating our Products, as hereafter defined, is governed by the End-User License Agreement for NEOWIZ Software.

ACCEPTANCE OF USE

It is important that you read and understand the following terms. By checking “Agree”, you are agreeing that these terms will apply if you choose to access or use the Services. If you are under the age of majority, you should review this Agreement with your parent or guardians to make sure that you and your parent or guardian understand it.

MODIFICATION OF THE TERMS

The Services are always evolving, so NEOWIZ may modify the terms and conditions of this Agreement at any time. Revisions to terms affecting existing Service shall be effective thirty (30) days after posting at NEOWIZ’s application. Terms and conditions for new Services are effective immediately upon posting at NEOWIZ’s application.

REGISTRATION REQUIREMENTS

You may create an account with NEOWIZ (the “Account”) or you may need to have a valid account on a social networking service (such as facebook) through which you access the Service (the “SNS Account”).
If you create an Account, you must provide truthful and accurate information to us in creating such account. If NEOWIZ has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, NEOWIZ may suspend or terminate your ability to use or access the Services, and refuse any and all current or future use of or access to any or all Services (or any portion thereof). NEOWIZ requires all users to be over the age of thirteen (13). If you are between the ages of 13 and 18, you may create an Account or use the Services only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. NEOWIZ reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion. You are solely responsible for all activity on any and all of your Account and for the security of your computer system. You should not reveal your username or password to any other person. NEOWIZ will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold NEOWIZ and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account or whom you have negligently allowed to access your Account. NEOWIZ reserves the right to terminate your Account if any activity that occurs with respect to such account(s) violates this Agreement.

If you access the Service through your SNS Account, you will comply with the terms of service or use and privacy policy of the social networking service provider.

2. Ownership

Contents

Contents on Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Services (“Content(s)”), as well as the design and appearance of our application.

Entitlements

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Services. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency.

Use and Expiration of Content and Entitlements

NEOWIZ grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. Content and Entitlements and all other intellectual property rights in or on Services as well as the products and services offered through Services, are owned by NEOWIZ and is protected by Republic of Korea and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from a Service unless you are expressly authorized to do so. In addition, unless expressly authorized by NEOWIZ, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with this Agreement as well as any other agreements applicable to the Services you are using.

General License Restrictions

NEOWIZ reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in this Agreement. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of NEOWIZ and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Services may result in the prohibition on use of Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless NEOWIZ from any unauthorized or illegal conduct by you, on Services.

User Contents

NEOWIZ may use communications, images, sounds and any and all other materials and information that are displayed within the Services or uploaded or transmitted by you or other users via Services (“User Contents”), alter the editing formation and make other revisions (NEOWIZ may use User Contents in whatsoever format including, but not limited to, publication, duplication, performance, transmission, distribution, broadcasting, production of secondary copyrighted works, without limitation on the period and regions of use). NEOWIZ shall not sell, lease or transfer any User Contents for transaction purposes without prior consent of the user produced the pertinent User Contents. If it is judged that any postings posted or registered by you within the Services or any contents thereof are not necessary by NEOWIZ, NEOWIZ may delete, move or refuse the registration of the relevant postings or User Contents without prior notice.

3. Services

Services, Content and Entitlement Availability

NEOWIZ may provide Service available for you free of charge (“Free Services”) and game services available subject to payment of the fees previously determined by NEOWIZ (the “Paid Services”). You may select the aforesaid game services. When you use Paid Services you will use and purchase them directly from NEOWIZ.

Entitlements may only be held in user belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from NEOWIZ. NEOWIZ reserves the right to refuse your request(s) to acquire Entitlements, and NEOWIZ reserves the right to limit or block any request to acquire Entitlements for any reason.

NEOWIZ does not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that NEOWIZ will continue to offer particular Content or Entitlements for any particular length of time. NEOWIZ reserves the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.

Services Not Controlled by NEOWIZ

Some Services are not controlled by NEOWIZ. For instance, you may be given the option to play Products, use Services not owned or controlled by NEOWIZ and Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. NEOWIZ does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. NEOWIZ takes no responsibility for your use of any service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-NEOWIZ controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

Updates to Services

IMPORTANT: NEOWIZ MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. NEOWIZ RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

4. Paid Transactions

Paid Services

Paid Services are made by NEOWIZ. If you have questions about your order, please email blackjack@help.neowiz.com. When you use a Paid Services, sale terms may apply, which you should read when they are presented to you.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify NEOWIZ of changes to the payment information.

Payment Processing

NEOWIZ may make available to you various payment processing methods to facilitate the purchase of Products or Paid Services. You must abide by any relevant terms and conditions or other legal agreement, whether with NEOWIZ or a third party, that governs your use of a given payment processing method. NEOWIZ may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products or Paid Services that you order and that NEOWIZ may charge your credit card or other form of payment that you indicate for any Products and Paid Services ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on Services.

Third-Party Fees

You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Products and Services. For instance, you may incur such fees if you use Services on or through third-party services or devices. You are responsible for all such fees.

5. Termination

Cancellation of Service by You
You have the right to cancel your Service at any time. If you do not agree to the terms in this Agreement, you shall delete the Product, Account (excluding your SNS Account) or application in connection with Service from your Device. You agree that if your use of the Service is terminated or suspended by you, any Entitlements, databases and information in connection with the Services are removed. In no case shall NEOWIZ be liable for any damages arising from your cancellation of Services.

Termination by NEOWIZ

NEOWIZ may terminate access to any mobile products and/or Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable product or Service.

NEOWIZ may also terminate access to Services for violation of this Agreement, if NEOWIZ (in its sole discretion) deems that your use of Services renders Services less safe for others and/or minors or for illegal or improper use of Services, Content, Entitlement, Products, or NEOWIZ's Intellectual Property as determined by NEOWIZ in its sole discretion. You may lose your user name and persona as a result of termination.

If your use of the Service is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished and/or if your device is temporarily or permanently banned from accessing some or all Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Entitlements associated with Service. If you believe that any action has been taken against device in error, please email blackjack@help.neowiz.com.

6. Rules of Conduct

You may violate this Agreement if, as determined by NEOWIZ in its sole discretion, you;

Post, transmit, promote, or distribute Content that is illegal.
Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated. Use abusive, offensive, or defamatory screen names and/or personas.
Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within a Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
Impersonate another person (including celebrities), indicate falsely that you are a NEOWIZ employee or a representative of NEOWIZ, or attempt to mislead users by indicating that you represent NEOWIZ or any of NEOWIZ's partners or affiliates.
Upload any software or Content that you do not own or have permission to freely distribute.
Violate any additional Rules of Conduct applicable to a specific Service that you are using.
Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Services.
Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
Modify or attempt to modify any file or any other part of the Service that NEOWIZ does not specifically authorize you to modify.
Unless expressly authorized by NEOWIZ, you may not sell, buy, trade or otherwise transfer any personal access to Services, Content or Entitlements, including by use of auction websites.
You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
Abuse or exploit bugs, undocumented features, design errors or problems in the game.
Specific Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Services. NEOWIZ reserves the right to terminate your use of Services and to prevent your use of any and all Services if your purpose of using Services is engagement in illegal activity or to violate this Agreement.

Unless otherwise specified, there is no requirement or expectation that NEOWIZ will monitor or record any online activity on Services, including communications. However, NEOWIZ reserves the right to access and/or record any online activity on Services and you give NEOWIZ your express consent to access and record your activities. NEOWIZ reserves the right to remove any content from any Service at NEOWIZ's sole discretion. NEOWIZ has no liability for your or any third party's violation of this Agreement.

7. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

DISCLAIMER OF WARRANTIES

NEOWIZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME NEOWIZ MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY NEOWIZ HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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.

LIABILITY LIMITATION

IN NO CASE SHALL NEOWIZ, 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, NEOWIZ'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

NEOWIZ SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND NEOWIZ HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

NEOWIZ DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND NEOWIZ DISCLAIMS ANY LIABILITY RELATING THERETO.

8. WAIVER AND INDEMNITY

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD NEOWIZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY NEOWIZ AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM NEOWIZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF NEOWIZ'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT.

9. CHANGES

NEOWIZ reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.

10. General Terms

Remedies

You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that this Agreement, the NEOWIZ Privacy Policy and the Supplemental Terms incorporated into this Agreement, including NEOWIZ's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

Severability

If any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of NEOWIZ, and the remaining portions shall remain in full force and effect.

Waiver

The failure of NEOWIZ to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in a writing signed by NEOWIZ.

Governing Law

This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or the Service shall be governed and construed in accordance with the laws of the Republic of Korea without giving effect to the conflict of laws doctrine thereof. In the event that you and NEOWIZ agree to settle any dispute, difference, controversy by the alternative settlement such as arbitration, such agreement shall be applied.

Entire Agreement

This Agreement (including the NEOWIZ Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and NEOWIZ relating to your rights and obligations in the use of Services. If there is any conflict between this Agreement and any other rules or instructions posted on a Service, NEOWIZ shall resolve the conflict in its sole discretion.

Should you have any questions concerning the Service or these Terms of Service you may contact blackjack@help.neowiz.com. Copyright © 2018 Neowiz Corporation. All Rights Reserved. Neowiz Corporation is registered trademarks or trademarks of Neowiz Corporation in Korea, and/or other countries