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.
2. 1. Ownership of NADA DIGITAL
NADA DIGITAL owns, has licensed, or otherwise has the right to use all of the content and materials that appear in NADA DIGITAL Service, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, virtual items and virtual currencies, and their selection and arrangement, which are all protected by law from unauthorized use. The entire contents and materials of NADA DIGITAL Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
By using NADA DIGITAL Service, you agree that no content or materials that appear NADA DIGITAL Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without the express prior written permission of NADA DIGITAL, expect that the foregoing does not apply to your own User Content (as defined in Section 4.1) that you legally post on NADA DIGITAL Service.
All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from NADA DIGITAL. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. NADA DIGITAL and/or its licensors remain the owners of rights, titles, and interests, including, but not limited to, copyrights and other intellectual property rights, in and to all content and materials posted on NADA DIGITAL Service by NADA DIGITAL.
By using NADA DIGITAL Service, or by accessing any materials posted on NADA DIGITAL Service by NADA DIGITAL, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST OR SNS ACCOUNT (COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NADA DIGITAL.
2. 2. Limited License
NADA DIGITAL hereby grants you a personal, non-exclusive, non-transferable, and revocable limited license to use NADA DIGITAL Service subject to the terms of NADA DIGITAL Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use and that you have a limited license to use them under NADA DIGITAL Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of your license.
2. 3. Trades of Virtual Items and Virtual Currency
NADA DIGITAL prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of NADA DIGITAL Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in NADA DIGITAL Service, unless expressly authorized by NADA DIGITAL. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3. Game account
3. 1. Guest Account
If you use NADA DIGITAL Service without using your SNS Account, we will create and assign to your device an identifier that is similar to an account number (“Guest Account”). We will use the Guest Account information for providing customer support to any users who have not created a Game Account with their SNS Account.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITH GUEST ACCOUNT.
3. 2. SNS Account.
We encourage you to create a Game Account using your SNS Account because such an account:
enables you to maintain your Game Account information even when you change your mobile device;
enables you to log in when you are playing NADA DIGITAL’s Games without creating a further account.
4. User content
4. 1. Your Representations and Warranties
“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through NADA DIGITAL Service.
By transmitting, submitting, or posting any User Content while using NADA DIGITAL Service, you affirm, represent and warrant that such transmission or submission are (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third-party whose personal information or intellectual property is comprised in the User Content, and (c) free of viruses, adware, spyware, worms or other malicious code.
You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via NADA DIGITAL Service. NADA DIGITAL assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under NADA DIGITAL Policy.
4. 2. License to Use User Content
You hereby grant NADA DIGITAL a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through NADA DIGITAL Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving written notice to us at any time. In such a case, NADA DIGITAL will cease any use of the User Content within 3 months after receiving such notice from you.
4. 3. Content Screening
You acknowledge and agree that NADA DIGITAL may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.
5. Fees and purchase terms
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 NADA DIGITAL 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.
NADA DIGITAL may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. NADA DIGITAL shall have no liability to you or any third party in the event that NADA DIGITAL exercises any such rights.
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 NADA DIGITAL, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in NADA DIGITAL games is a service provided by NADA DIGITAL that commences immediately upon acceptance by NADA DIGITAL of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. NADA DIGITAL may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT NADA DIGITAL 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.
6. Your responsibility in using service
You agree that, while using NADA DIGITAL Service, you will not, under any circumstances:
send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
stalk, harass, threaten, or defraud other NADA DIGITAL Service users or any members of NADA DIGITAL support personnel;
use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of NADA DIGITAL Service;
interfere with or disable any security-related features of NADA DIGITAL Service, or any part thereof;
damage, disable, overburden, or impair NADA DIGITAL Service, including, without limitation, by (a) sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with NADA DIGITAL Service or (b) attempting to disrupt servers that relate to NADA DIGITAL Service;
make improper use of NADA DIGITAL’ support services, including, without limitation, by submitting false abuse reports;
misrepresent the source, identity, or content of the information sent, posted, transmitted or made available via NADA DIGITAL Service;
create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a NADA DIGITAL official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of NADA DIGITAL Service;
modify any part of NADA DIGITAL Service without NADA DIGITAL’ prior written consent;
send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;
buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes;
send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without NADA DIGITAL’ prior written consent
develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable License Agreements;
exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage;
attempt to collect any personal information about any users or to disclose such information;
share the password of the Game(SNS) Account or other information that lets anyone else access your Game Account.
access another NADA DIGITAL Service user’s Game Account without permission;
assist, permit or encourage any party in engaging in any of the activities described in the above listing; and
use NADA DIGITAL Service in any manner that may violate any applicable laws or regulations or is prohibited by NADA DIGITAL Policy.
7. Third party advertising
NADA DIGITAL may feature advertisements from third parties or provide links on NADA DIGITAL Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of NADA DIGITAL Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. NADA DIGITAL makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of NADA DIGITAL and may collect data or solicit personal information from you. NADA DIGITAL is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information, those sites may collect.
8. SMS, Push, Local & E-Mail notification
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game.
Also, we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want to receive our e-mail notification, please contact us.
We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.
9. Copyright notice
9. 1. Infringement Notification
The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe in good faith that any materials in NADA DIGITAL Games or NADA DIGITAL Contents and branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to NADA DIGITAL’ designated agent set forth below. For your notice to be effective, it must include the following information:
(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) Your physical or electronic signature.
The contact information of NADA DIGITAL’ designated agent is as follows:
NADA DIGITAL Corporation.
Attn: Legal Affair Department Agent
#306, 47, Gyeongdae-ro 17-gil, Buk-gu, Republic of Korea
9. 2. Counter Notification
If your User Content or other information has been taken down by the above-infringement notification, you may send NADA DIGITAL’ designated agent a counter-notification that contains the following information:
(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(c) Your name, address, and email address; and
(d) Your physical or electronic signature.
Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.
10. User interactions
10. 1. Member Disputes
You are solely responsible for your interactions with other users of NADA DIGITAL Service. We may, at our sole discretion, attempt to mediate disputes between users but are not obliged to become involved in any way with such disputes.
10. 2. Release
If you have a dispute with any users of NADA DIGITAL Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
11. Suspension & Termination of NADA DIGITAL service
NADA DIGITAL MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF NADA DIGITAL SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF NADA DIGITAL POLICY.
NADA DIGITAL reserves the right to stop providing or supporting any part of NADA DIGITAL Service or a particular game at any time either permanently or temporarily, at which point your license to use NADA DIGITAL Service or a part thereof will be automatically terminated or suspended. In such an event, NADA DIGITAL is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of NADA DIGITAL Service.
12. Disclaimers & Indemnifications
12. 1. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF NADA DIGITAL SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER NADA DIGITAL NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “NADA DIGITAL PARTIES”) ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF NADA DIGITAL SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM NADA DIGITAL SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH NADA DIGITAL SERVICE BY ANY THIRD PARTY, AND/OR (f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA NADA DIGITAL SERVICE.
12. 2. Disclaimers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NADA DIGITAL PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NADA DIGITAL PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NADA DIGITAL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL NADA DIGITAL PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NADA DIGITAL IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
12. 3. Indemnification
You agree to indemnify and hold harmless NADA DIGITAL Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of NADA DIGITAL Service, (b) any violation by you of NADA DIGITAL Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.
NADA DIGITAL may assume the defense of any matter for which you are required to indemnify NADA DIGITAL by sending notice of such an intention to you. You shall use best efforts to cooperate with NADA DIGITAL’s defense of these claims.
13. General provision
13. 1. Governing Law
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to NADA DIGITAL Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
13. 2. Dispute Resolution
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within thirty (30) calendar days after the first contact occurs, either party may refer such a dispute in Seoul administered by the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.
All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, NADA DIGITAL will be entitled to recover attorney fees and costs up to $1,000, provided that NADA DIGITAL has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
13. 3. Entire Agreement
NADA DIGITAL Policy is a complete and exclusive understanding of you and NADA DIGITAL relating to your use of NADA DIGITAL Service, and supersede all prior understandings of the parties hereto.
13. 4. Language
The translation of the English language version of NADA DIGITAL Policy is provided for informational purposes only and does not modify the English language version of NADA DIGITAL Policy. If there is a conflict between the English language version of NADA DIGITAL Policy and its translation, the English language version of NADA DIGITAL Policy will control.
13. 5. No Waiver
The failure of NADA DIGITAL to require or enforce strict performance by you of any provision of NADA DIGITAL Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of NADA DIGITAL’ right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by NADA DIGITAL in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
13. 6. Force Majeure
NADA DIGITAL will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of NADA DIGITAL, including, without limitation, any failure to perform under NADA DIGITAL Policy due to unforeseen cause beyond NADA DIGITAL’ control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber-crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials
13. 7. Severability
Updated Date : April 06, 2021