Ex2Games

Terms of Service

Ex2Games LTD.

1. Introduction

If you reside outside of the Republic of Korea, these Terms of Service (the “Terms of Service”) govern the relationship between you and Ex2Games LTD. (“Ex2Games,” “we,” or “us”) regarding your (“user” or “you”) access or use of our games, websites, and any other existing services (collectively, the "Service(s)"). Prior to accessing and using the Service, please read these Terms of Service and the Privacy Policy carefully as these are legally binding agreements between you and Ex2Games.

By using our Service, you agree to our Terms of Service, our Privacy Policy, rules or codes of conduct, and any other policies (collectively, the "Policy") related to your use of our Service. If at any point, for any reason, you do not agree to the then-current versions of the Policy, your license to use our Service will immediately terminate and you must stop using our Service.

PLEASE NOTE THAT SECTION 17 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO RESOLVE THE DISPUTE AS A GROUP.

2. Additional Terms

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

3. Ability to Accept Terms of Service

YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18 (OR HAVE REACHED THE AGE OF THE MAJORITY IF IT IS DIFFERENT IN YOUR JURISDICTION), OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ENTER INTO A BINDING CONTRACT. WE STRONGLY RECOMMEND THAT ANY PARENT OR LEGAL GUARDIAN OF CHILDREN READ THIS POLICY BEFORE YOUR CHILDREN USE OUR SERVICE FOR ANY PURPOSE. EXCEPT WHERE LAWFUL PARENTAL OR GUARDIAN CONSENT HAS BEEN PROVIDED (IF THIS OPTION IS AVAILABLE IN YOUR JURISDICTION), CHILDREN MUST NOT USE OUR SERVICE FOR ANY PURPOSE.

4. License

Subject to your agreement and continuing compliance with the Terms of Service, including the Policy, 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, non-transferable, 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. The license covers the updates, expansions, and additional components provided by Ex2Games. Your license is automatically rescinded and terminated if you breach any provision of the Terms of Service or the Policy.

5. Ownership

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. You may be able to create your account using your email address or your other information. To the extent you create your account through the use of a third-party account (for example, your account with Google, Apple), we may access certain personal information that this third party provides to us such as your email address and name to help create your account. Further information about use of third-party accounts is provided in the Privacy Policy. Please note that you may also be able to use our game with a guest account, but you may not be able to access certain parts of the Service, and your game data may be deleted if you uninstall or otherwise delete the game. PLEASE BE REMINDED THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT NOR USE VIRTUAL MONEY OR VIRTUAL GOODS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING A Ex2Games ACCOUNT.

You shall not share your account or login information or payment password, nor let anyone else access the account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your login information, including all types of purchases, whether or not authorized by you. You are fully responsible for anything that happens with and through the account. Ex2Games reserves the right to remove or reclaim any usernames (such as user ID, character name, guild name, or any other display name used in the game) at any time and for any reason, including but not limited to claims by a third party that a user who uses the username violates or infringes upon the third party’s rights.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE POLICY, 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 Ex2Games.

7. Updates

Ex2Games may provide you with updates as they are made generally available at its sole discretion. You acknowledge and agree that Ex2Games may provide updates to you remotely and automatically, including, without limitation, by accessing the device on which you use the Services. Any updates provided or made available by Ex2Games are part of the Services and will be subject to the Terms of Service.

8. User Content

You are and will remain solely responsible for all communications, images, videos, sounds, content or databases, 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/screenshots (the “User Content”). By transmitting, submitting, or posting any User Content while using the Service, you affirm, represent, and warrant that such transmissions, submissions, or postings 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 included in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code. Ex2Games assumes no responsibility for illegal content, the conduct of any user submitting any User Content, or for the failure to monitor any User Content that may be inappropriate under the Policy.

You hereby grant Ex2Games 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, for any purpose (including, without limitation, commercial, advertising, and promotional purposes) to the fullest extent permitted by applicable law. It includes, without limitation, the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, create derivative works from, adapt, use or otherwise exploit your User Content by any means, whether now known or unknown, without any further notice or compensation to you. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Ex2Games’s and other players’ use and enjoyment of User Content in connection with the Services. The license granted to Ex2Games, and the above waiver of moral rights, survive any termination or expiration of the Terms of Service. You acknowledge and agree that Ex2Games may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.

9. Purchase Terms

Some of our games may be described as a “free to play” within the description page of application marketplaces.

YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT. YOU AGREE AND ACKNOWLEDGE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, Ex2Games IS NOT OBLIGATED 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. YOU PROMISE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST Ex2Games, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE "VALUE" OF VIRTUAL CURRENCY IF Ex2Games DELETES THEM (OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT); (II) A CLAIM FOR THE "VALUE" OF VIRTUAL CURRENCY THAT YOU MAY LOSE IF Ex2Games DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN OUR SERVICE.

Your purchase of virtual currency is final and is non-refundable, non-exchangeable, and non-transferable, except at Ex2Games's sole discretion. You agree to pay all fees, charges, and applicable taxes incurred by you. Ex2Games may revise the pricing for the goods and services it licenses to you through the Service at any time. Ex2Games shall have no liability to you or any third party in the event that Ex2Games exercises such rights.

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 the Policy, without ownership interest. Any “virtual currency” balance in your account does not represent a real-world value or reflect any stored value, but instead represents a measurement of the extent of your license.

Ex2Games prohibits and does not recognize any purported transfers of virtual items or currency outside of the Service, nor the sale, gift, or trade of those virtual items or currency anything in the “real world”, unless expressly authorized by Ex2Games. Any such transfer or attempt is prohibited, void, and may result in account termination.

10. Code of Conduct

You agree that, while using the Ex2Games Service, you will not, under any circumstances (note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, we reserve the right to evaluate each incident on a case by case basis):

  • send, post, transmit, or make available any material or information or links to website containing such material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or that may promote other illegal or harmful activities;
  • stalk, harass, threaten, or defraud other users or any members of our 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 the Service;
  • interfere with or disable any security-related features of the Service, or any part thereof;
  • damage, disable, overburden, or impair the Service, including, without limitation, by (a) sending, posting, transmitting or distributing anything that contains a virus, spyware, or other illegal or harmful material intended to damage or interfere with the Service or (b) attempting to disrupt servers that relate to the Service;
  • make improper use of our support services, including, without limitation, by submitting false abuse reports;
  • misrepresent the source, identity, or content of information sent, posted, transmitted, or made available via the Service;
  • create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are Ex2Games's official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure, or falsely state or misrepresent your affiliation with a person or entity, or deceive or mislead the addressee about the origin of such messages or communicates any information;
  • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code, underlying ideas, or algorithms of any part of the Service;
  • modify any part of the Service without Ex2Games’s 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 Ex2Games’s prior written consent;
  • develop, distribute, or publicly inform other users 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 users of any game error, miscue, or bug which gives an unintended advantage;
  • reproduce, distribute, promote, or commercial use of information obtained from the Services;
  • collect or attempt to collect any personal information about any users or to disclose such information;
  • share the password of account or other information that let anyone else access your account;
  • access another user’s account without permission;
  • make unauthorized use of someone else’s payment information;
  • assist, permit, or encourage any party in engaging in any of the activities described in the above listing; and
  • use the Service in any manner that may violate any applicable laws or regulations or is prohibited by the Policy.

11. Copyright Notice

Ex2Games respects the intellectual property of others, and expects our users to do the same. Ex2Games may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Ex2Games team with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For Notice of claims of copyright or other intellectual property infringement, please reach out to us by email at support@ex2games.com.

12. Third Party Service and Advertising

The Services may be made available to you through third-party services, such as Apple iTunes or Google Play. The Services also 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, content, or devices. 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, content, or devices is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances will Ex2Games be responsible or liable in connection with your reliance on or use of third-party services, content, or devices.

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.

Ex2Games may feature advertisements from third parties or provide links to websites owned and operated by third parties on our website or within the Service. These third parties may invite you to participate in a promotional offer in return for receiving an optional component of the 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. Ex2Games 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, or services. The linked sites are not under the control of Ex2Games, and they may collect data or solicit personal information from you. Ex2Games is not responsible for their content, business practices, privacy policies, or the collection, use, or disclosure of any information those sites may collect.

13. 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 Services. 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.

We will not send any promotional e-mail or SMS notification to your e-mail account or mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

14. Suspension & Termination of Service

Ex2Games MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE SERVICE AND YOUR ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF THE POLICY. Ex2Games reserves the right to stop providing or supporting any part of the Service or a particular game at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such an event, Ex2Games is not required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Service.

15. Disclaimers & Indemnifications

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE 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 Ex2Games NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS, DISTRIBUTORS, LICENSEES, OR LICENSORS (COLLECTIVELY, THE “Ex2Games 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 THE Ex2Games SERVICE, (c) 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 THE SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE 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 THE SERVICE.

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 THE Ex2Games 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 THE Ex2Games PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Ex2Games 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 THE Ex2Games PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Ex2Games IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

Indemnification

You agree to indemnify, defend and hold harmless the Ex2Games Parties 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 the Policy. 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.

16. Governing Law

The laws of the Republic of Korea (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

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, either party may refer the dispute to arbitration in Seoul, administered by the Korean Commercial Arbitration Board (KCAB) in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board (KCAB). The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree on an arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.

Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor we may seek to have any dispute heard as a class or collective arbitration or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

18. Entire Agreement

The Policy is complete and exclusive understanding of you and Ex2Games relating to your use of the Service, and supersede all prior understandings of the parties hereto.

19. No Waiver

The failure of Ex2Games to require or enforce strict performance by you of any provision of the Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Ex2Games’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Ex2Games 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.

20. Force Majeure

Ex2Games will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Ex2Games, including, without limitation, any failure to perform under the Policy due to unforeseen cause beyond Ex2Games’s 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.

21. Severability

If any portion of the Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Policy remain in full force and effect.

22. Assignment

This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Ex2Games. Ex2Games may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

23. Modification

These Terms of Service may change from time to time, so please check back periodically to ensure that you are aware of any changes. If we make a material change to these Terms of Service, we will notify you by posting the change within our Services or in this Terms of Service, and, if necessary, give you additional choices regarding such change prior to the change becoming effective. Your continued use of the Services will signify your acceptance of these changes.

24. Captions and Headings

The captions and section and paragraph headings used in the Terms of Service are inserted for convenience only and shall not affect the meaning or interpretation of the Terms of Service.