Accepting the Terms
The terms of this agreement (“Terms of Service” or “Terms”) govern the
relationship between you and NDREAM Corporation, a company based in
South Korea with a registered address at 10F, Bundang First Tower, 55 Bundang-ro, Bundang-gu, Seongnam-si, Gyeonggi-do,
Republic of Korea and its affiliates
(hereinafter “NDREAM” or “Us” or “We” or “Our”) regarding your use of
NDREAM’s games, websites, and related services (the “Service”). Use of
the Service is also governed by NDREAM’s Privacy Policy.
By accessing or using the Service, including browsing any NDREAM website
or accessing Our game, you agree that you have read, understood, and
accepted to be bound by the Terms. You may also be required to register
an account for the Service (an “Account”). By registering your Account
or otherwise using the Service, you represent that you have the legal
authority to agree to and you understand and agree to these Terms of
Service. Any person who does not have the legal authority to participate
in or agree to the terms associated with the Terms of Service, or if you
do not agree with the terms and conditions of this agreement, you will
be denied access to any and all services offered.
Your use of Our game and services may be in whole or in part
inaccessible in countries and regions that are not officially included
in the service regions. When attempting to use or using the services,
your access may be blocked or suspended, we assume no responsibilities
on any and all damages that may occur to you or other users of the
Services against your or any other user’s unapproved access to the Game
or the Service.Countries in which your use is available can be changed
in the future.
NDREAM reserves the right, at its sole discretion, modify or revise
these Terms at any time, and you agree to be bound by such modifications
or revisions. If you do not agree to the Terms, do not use the Service.
You are responsible for periodically reading the Terms. Your continued
use of the Service after a change or update has been made will
constitute your acceptance to the revised Terms. If you do not agree to
the Terms your only remedy is to discontinue your use of the Service and
cancel any accounts you have made using the Service.
Some of NDREAM Games may be described as a “free game” within the
description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH
GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME
CONTENT.
License
Subject to your agreement and continuing compliance with these Terms of
Service and any other relevant NDREAM policies, NDREAM grants you a
non-exclusive, non-transferable, non-sublicensable, revocable limited
license subject to the limitations below to access and use the Service
for your own non-commercial entertainment purposes.
You represent that you have the legal authority and faculties to
participate in or agree to the services and terms noted within this
agreement. You accept full responsibility for any unauthorized use of
the Service by minors. You are responsible for any use of your credit
card or other payment instrument by minors.
User Account
For creating your account, you may be required to select a username
and/or a password (“Login Information”). You shall not share your
account or the Login Information, nor let anyone else access your
account or do anything else that might jeopardize the security of your
account.
In the event you become aware of or reasonably suspect any breach of
security, including without limitation any loss, theft, or unauthorized
disclosure of the Login Information, you must immediately notify NDREAM
and modify your Login Information. You are solely responsible for
maintaining the confidentiality of the Login Information, and you will
be responsible for all uses of the Login Information, including
purchases, whether or not authorized by you. You are responsible for
anything that happens through your account.
NDREAM reserves the right to remove or reclaim any usernames at any time
and for any reason, including but not limited to claims by a third party
that your username may violate the third party’s rights.
License Limitations
Any use of the Service in violation of these License Limitations is
strictly prohibited, can result in the immediate revocation of your
limited license and may subject you to liability for the violation of
applicable laws.
You agree that you will not, under any circumstance:
Engage in any act that NDREAM deems to be in conflict with the spirit or
intent of the Service or make improper use of NDREAM’s support
services.
Use cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with
the Service, any NDREAM Game, any NDREAM game experience or without
NDREAM’s express written consent, modify or cause to be modified any
files that are a part of the Service or any NDREAM game.
Disrupt, overburden, or aid or assist in the disruption or overburdening
of any computer or server (“Server”) used to offer or support the
Service or any NDREAM game environment.
Institute, assist, or become involved in any type of attack, including
without limitation distribution of a virus, denial of service attacks
upon the Service, or other attempts to disrupt the Service or any other
person’s use or enjoyment of the Service.
Post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable
or offensive.
Post any information that contains nudity, excessive violence, or
offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment,
abuse, or harm of another person, group, including NDREAM employees, or
NDREAM’s customer service representatives.
Make available through the Service any material or information that
infringes any copyright, trademark, patent, trade secret, right of
privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation a NDREAM
employee.
Solicit or attempt to solicit personal information of other users of the
Service or any NDREAM game or collect or post anyone’s private
information, including personally identifiable information (whether in
text, image or video form), identification documents, or financial
information through the Service.
NDREAM reserves the right to determine what conduct shall be considered
in violation of the Terms of Service or otherwise against the intent or
spirit of Terms of Service or the Service itself. NDREAM reserves the
right to take action as a result, which may include terminating your
account and prohibiting you from using the Service.
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, NDREAM MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO NDREAM SERVICES OR
PORTIONS THEREOF IF YOU ARE, OR NDREAM SUSPECTS THAT YOU ARE, FAILING TO
COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED
ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.
YOU ACCEPT THAT AT SUCH DISCRETION OF NDREAM YOU CAN LOSE YOUR USER NAME
AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS
ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED
WITH YOUR USE OF THE SERVICE, AND THAT NDREAM IS UNDER NO OBLIGATION TO
COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE
THE SERVICE AND YOUR ACCOUNT OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR
GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE
HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM
ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR
POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS
OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF
OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR
ACCOUNTWHICH MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS.
NDREAM RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN
INACTIVE FOR 180 DAYS.
NDREAM reserves the right to stop offering and/or supporting the Service
or a particular NDREAM game or part of the Service at any time, at which
point your license to use the Service or a part thereof will be
automatically terminated. In such event, NDREAM shall not be required to
provide refunds, benefits or other compensation to You in connection
with such discontinued Services. Termination of your account can include
disabling your access to the Service or any part thereof including any
content you submitted or others submitted.
Intellectual Property / Ownership
All materials that are part of the Service (including, but not limited
to, designs, text, graphics, pictures, video, information, applications,
software, music, sound and other files, and their selection and
arrangement) are owned by NDREAM and protected by applicable laws
against unauthorized use.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND
AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE
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 NDREAM.
Virtual Currencies / Goods
NDREAM owns, has licensed, or otherwise has rights to use all of the
content that appears in the Service or in NDREAM games.
Notwithstanding any provision to the contrary herein, you agree that you
have no right or title in or to any content that appears in the Service,
including without limitation the virtual goods or currency appearing or
originating in any NDREAM game, whether earned in a game or purchased
from NDREAM, or any other attributes associated with your account or
stored on the Service.
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, redeem or otherwise transfer Virtual
Items or Merchandise to any person or entity, including but not limited
to NDREAM, another user or any third party.
Your purchase of virtual currency is final and is not refundable,
exchangeable, and transferable, except in NDREAM's sole discretion.
Purchases
You agree to pay all fees and applicable taxes incurred by you or anyone
using your account registered to you.
NDREAM may revise the pricing for the goods and services offered through
the Service at any time.
YOU ACKNOWLEDGE THAT NDREAM 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 YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE
WAS VOLUNTARY OR INVOLUNTARY.
Notwithstanding the foregoing, if you verify in a reasonable way that
you reside in the European Union and you have purchased virtual items or
currencies from NDREAM, you may have the right to withdraw from a
purchase within seven (7) calendar days, commencing on the day after the
date of purchase (the “Cooling Off Period”). However, you lose your
right of withdrawal if you start using the virtual items or currencies
and the performance of our services begins before the end of the Cooling
Off Period.
Update to the Service
You accept and understand that the Service is always subject to change.
NDREAM may require that you accept updates to the Service and to
NDREAM’s games you have installed on your device.
You acknowledge and agree that NDREAM may update the Service and NDREAM
games, with or without notifying you.
User Content
“User Content” means any communications, images, sounds, and all the
material, data, and information that you upload or transmit through a
NDREAM game client or the Service, or that other users upload or
transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service,
you affirm, represent and warrant that such transmission or submission
is (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;
(c) free of viruses, adware, spyware, worms or other malicious code.
You agree that NDREAM reserves the right in its sole discretion to
review, monitor, prohibit, edit, delete, disable access to or otherwise
make unavailable any User Content (including without limitation your
User Content) without notice for any reason or for no reason at any
time.
You are solely responsible for the information that you post on, through
or in connection with your use of the Service and that you provide to
others.
You hereby grant to NDREAM an irrevocable, perpetual, transferable,
fully paid-up, royalty-free, worldwide license (including the right to
sublicense and assign to third party) and right to copy, reproduce, fix,
adapt, modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license, sublicense, transfer, lease,
transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use
and practice, in any way, your User Content as well as all modified and
derivative works thereof in connection with our provision of the
Service, including marketing and promotions of the Service. You also
hereby grant to NDREAM the right to authorize others to exercise any of
the rights granted to NDREAM under these Terms of Service.
User Interactions
You are solely responsible for your interactions with other users of the
Service and any other parties with whom you interact through the Service
and/or NDREAM games.
You will fully cooperate with NDREAM to investigate any suspected
unlawful, fraudulent or improper activity, including, without
limitation, granting NDREAM access to any password-protected portions of
your account.
Disclaimer of Warranty / Limitation of Liability
WITHOUT LIMITING NDREAM’S LIABILITY UNDER THIS SECTION BELOW, THE
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE,
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. NDREAM DOES NOT WARRANT THAT YOU WILL BE ABLE
TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL
BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
NDREAM SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE
QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF
SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT NDREAM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NDREAM SHALL NOT BE LIABLE TO YOU FOR MORE
THAN THE AMOUNT YOU HAVE PAID TO NDREAM IN ACCORDANCE WITH THESE TERMS
OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH
YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT
PAID ANYTHING TO NDREAM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND
NDREAM’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH NDREAM IS TO STOP
USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Dispute Resolution and Law
These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by South Korean law, without regard to conflict of law provisions. Any claim or dispute between you and NDREAM that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Seoul, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the courts of South Korea. Even if you are not a resident of South Korea, you agree that all disputes between you and NDREAM shall be governed by the laws of South Korea, without regard to conflict of law provisions. Any claim or dispute between you and NDREAM that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in South Korea, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the courts of South Korea.
Severability
You and NDREAM agree that if any portion of these Terms of Service or of the NDREAM Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect. If any portion of these terms of Service or of the NDREAM Privacy Policy becomes illegal or unenforceable, such provision shall be replaced as the California law defines. If you are a resident of the Japan, such provision shall be replaced as the Japan law defines.
General Provisions
NDREAM may assign or delegate these Terms of Service and/or the NDREAM
Privacy Policy, in whole or in part, to any person or entity at any time
with or without your consent. You may not assign or delegate any rights
or obligations under the Terms of Service or Privacy Policy without
NDREAM’s prior written consent, and any unauthorized assignment and
delegation by you is ineffective.
The failure of NDREAM to require or enforce strict performance by you of
any provision of these Terms of Service or the NDREAM Privacy Policy or
failure to exercise any right under them shall not be construed as a
waiver or relinquishment of NDREAM’s right to assert or rely upon any
such provision or right in that or any other instance.
The express waiver by NDREAM of any provision, condition, or requirement
of these Terms of Service or the NDREAM Privacy Policy shall not
constitute a waiver of any future obligation to comply with such
provision, condition or requirement.
Effective Date. 2022.04.19