TERMS OF SERVICE

The terms of this agreement ("Terms of Service") govern the relationship between you and Nsouls, (hereinafter "Nsouls" or “Nsouls Games” or "Us" or "We") regarding your use of Nsouls' games, websites and related services (the "Service"). Use of the Service is also governed by Nsouls' Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Nsouls website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Nsouls reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Nsouls policies at any time by posting the amended terms on the Nsouls Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Nsouls Privacy Policy, or any other Nsouls policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

I. USE OF THE SERVICES

1. Limited License

Subject to these Terms, you may access and use the Services running operating systems on which the Services were designed to operate for your personal, non-commercial, entertainment use only. The Services are licensed, not sold, to you on a limited, revocable, non-sublicensable, nontransferable, and non-exclusive basis. You may not modify, copy (except for a single backup copy and transient copying required to operate the Services), distribute, transmit, display, perform, reproduce, publish, create derivative works from or adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Services or any portion thereof. Without limiting the generality of the foregoing, you agree that you have no right to sell or otherwise transfer any of the virtual items, virtual currency, points, or any other content or information from the Services, in whole or in part, on internet auction sites (such as eBay or IGE), hack sites, private server sites, gold farming sites, or any other third-party sites or services or in return for anything of value (whether real money or otherwise). You have no rights in or to the Services unless expressly granted to you under these Terms. Your license is automatically rescinded and terminated if you breach any provision of the Terms.

2. Additional Terms

Some of the Services are subject to and governed by additional terms, conditions, rules, or guidelines on permissible use (“Additional Terms”). We will make these Additional Terms available to you through the applicable service, in which case your acceptance of such Additional Terms is required before you may use the applicable service. If any of the covenants of this agreement conflict with any terms and conditions of Additional Terms, the Additional Terms shall supersede this agreement with respect to the subject matter addressed in the Additional Terms.

3. Eligibility

You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children (as defined under applicable law) may not register for an account and may not provide any personal information to Nsouls or others through the Services.

4. Account Registration

Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. When creating an account, you will provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services. You will uninstall and delete the Services before transferring any device on which they are installed. You will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, 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 NSOULS. We do not recognize or allow the transfer of accounts between players. You may not, and may not offer to, purchase, sell, gift, or trade any account. Any such attempt shall be null and void and may result in the termination and forfeiture of the account.

5. Updates

Nsouls may provide you with updates as they are made generally available by Nsouls in its sole discretion. You acknowledge and agree that Nsouls may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Nsouls are part of the Services and will be subject to these Terms.

6. Cross-border Transfers

By accepting these Terms you understand and agree that performance of these Terms and provision of the Services may require transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as the European Union/European Economic Area or your home country.

II. CONTENT POSTED BY USERS

1. You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips (“User Content”).

2. You represent and warrant that the User Content that you post or transmit will not:

• Infringe the copyright, trademark, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on the Services and that the User Content does not violate any applicable laws, the Terms, or any third party’s right of privacy or publicity.
• Promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type.
• Prevent or impede other users from finding information related to the Services.
• Facilitate or promote conduct that in the sole discretion of Nsouls involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving).
• Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities.

3. You acknowledge and agree that Nsouls may (but is not required to) moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Nsouls assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content.

4. You hereby grant Nsouls a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Nsouls’ and other players’ use and enjoyment of User Content in connection with the Services. The license grants to Nsouls, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.

III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT

1. The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Nsouls 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 Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. Nsouls owns and shall retain all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.

2. Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). In the event that we detect any Unauthorized Third-Party Software, Nsouls may collect additional information, as described in the Nsouls Privacy Policy including without limitation your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms in accordance with the Nsouls Privacy Policy.

3. Nsouls is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Nsouls, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Nsouls does not return or regularly acknowledge Feedback we receive, and does not have any obligation related to your Feedback.

4. We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may notify our Designated Agent by contacting us as specified below by providing the following information in writing:

• Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
• Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

5. If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. We may provide them with your contact information, including email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We terminate the privileges of users who repeatedly infringe intellectual property laws.

IV. PURCHASES

1. In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in Nsouls games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

2. The provision of Virtual Items for use in Nsouls games is a service provided by Nsouls that commences immediately upon acceptance by Nsouls of your purchase.

3. Nsouls may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Nsouls shall have no liability to you or any third party in the event that Nsouls exercises any such rights.

4. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Nsouls, another user or any third party.

5. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

6. Also, you agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Nsouls may revise the pricing for the goods and services offered through the Service at any time.

7. YOU ACKNOWLEDGE THAT NSOULS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

V. CODE OF CONDUCT

1. You will not use the Services in any manner that, in Nsouls’ sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with Nsouls’ or any others’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:

• Using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or on servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology.
• Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services.
• Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your statements or actions are endorsed by Nsouls.
• Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein.
• Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.
• Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
• Hosting, providing, or developing matchmaking services for the Services without Nsouls’ prior written approval or creating, using, or maintaining any unauthorized connections to the Services.
• Intercepting, emulating, or redirecting the communication protocols used by Nsouls or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.
• Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or Nsouls’ systems or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.
• Using macros, auto-looting or robot play, or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence.
• Creating more than one account within twenty-four hours or more than five accounts within thirty days, or otherwise exceeding your authorized access to any portion of the Services or any database, computer, or device.
• Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).
• Engaging in conduct that is harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, intimidating, discriminatory, violent or encouraging of violence (including self-harm), stalking, sexually explicit, or otherwise objectionable in Nsouls’ sole discretion, including without limitation looting, kill stealing, making sexual comments, or cursing.
• Selling, advertising, or posting information on hacks, private servers (including sources thereof), or gold farming for the Services.
• Creating, utilizing, or transacting in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug.
• Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.
• Engaging in any other conduct that, in Nsouls’ sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.

2. Violations of system or network security or attempts to disrupt or undermine the operation of the Services may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

3. WE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. If your account is suspended while you are participating in a tournament or competition, Nsouls assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.

VI. THIRD-PARTY SERVICES, CONTENT, AND NETWORKS

1. The Services may be made available to you through third-party services, such as Apple iTunes or Google Play, and may link to or include third-party services or content (including without limitation User Content posted in forums). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services or content. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Services. Use of any third-party services or content is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will Nsouls be responsible or liable in connection with your reliance on or use of third-party services or content.

2. When using our Services, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Services, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Services.

VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. NSOULS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Nsouls HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

2. YOU SPECIFICALLY AGREE THAT In no event will Nsouls, OUR REPRESENTATIVES, MANAGERS, PARTNERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, OR AGENTS be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of THE SERVICES, any interruption in availability of THE SERVICES, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of THE SERVICES or the data collected through THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, even if WE HAVE been advised of the possibility of such damages or loss. BECAUSE SOME 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 SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

3. Nsouls is exempted from responsibility for the following such situations:

• Unable to provide service due to force majeure or similar natural disaster.
• Damage caused by the mobile carrier: stop Network Services or does not provide normally.
• The repair work known in advance (replacement, periodic inspection, construction, etc.), due to unavoidable reasons for a service stopped or disability.
• When users cannot get the revenue or you get loss from you expected.
• Users access the site by impersonating the service of the Company or APK problem caused by the modulation network access.
• The reliability of facts and information accuracy which has posted or transmitted in or on the Website services by users.
• The Company has no obligation to intervene in the service dispute occurred with each other via a third-party user or users will be liable to compensate the resulting damages.
• If Company need to stop the service by all of the games and operational planning or the Company’s dire situation, we can notice it on the website before 30 days and stop providing services. Users cannot claim compensation for service interruptions after the expiry of Paid Subscription or Pay-elapsed items.

VIII. INDEMNIFICATION

1. You agree to indemnify, defend and hold Nsouls, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

IX. GENERAL TERMS

1. Updates

Nsouls reserves the right, at any time, to modify, suspend, or discontinue the Services, the Services content, or any part thereof with or without notice. You agree that Nsouls will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Services content.

2. Security

Information sent or received over the Internet is generally not secure and Nsouls cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.

3. Links to Third-Party Services

The Services may contain links to other Services that are not owned or controlled by Nsouls. Nsouls is not responsible for the content of any linked Services. Any third-party Services, or services accessed from the Services, are subject to the terms and conditions of those Services, and You are responsible for determining those terms and conditions and complying with them.

4. Severability

If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Nsouls to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Nsouls must be in writing and shall only apply to the specific instance identified in such writing.

5. Disputes

You agree that any claim or dispute you may have against Nsouls must be resolved exclusively by a court located in Seoul, Korea and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Nsouls does not get involved in player-to-player disputes. Our focus is to make the game as fair and balanced as possible and we are committed to doing this on an ongoing basis.

Contact: legal-requests@nsouls.com