NEXON OPEN API TERMS OF SERVICE
These Nexon Open API Terms of Service (“Nexon API Terms”) constitute a binding agreement between Nexon Korea Corporation (“Nexon”, “we” or “us”, as applicable) and you and any entity on whose behalf you accept these Nexon API Terms (you and any such entity, “You” or “Your”, as applicable).
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE NEXON API TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING “I ACCEPT” OR “I AGREE” (OR ANY SIMILAR DERIVATION OF ASSENT, ACCEPTANCE OR AGREEMENT) OR BY OTHERWISE ACCESSING, USING AND/OR CONTINUING TO USE ANY NEXON API SERVICES (AS DEFINED BELOW), YOU (A) EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE NEXON API TERMS AND GRANT TO NEXON THE RIGHTS AND LICENSES SET FORTH HEREIN, AND (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU ARE AN INDIVIDUAL ACCESSING ANY OF THE NEXON API SERVICES ON BEHALF OF AN ENTITY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE NEXON API TERMS ON BEHALF OF SUCH ENTITY.
IF YOU DISAGREE WITH OR DO NOT ACCEPT ANY OF THESE NEXON API TERMS, YOU MAY NOT ACCESS OR USE ANY OF THE NEXON API SERVICES, AND NEXON DOES NOT GRANT YOU A LICENSE TO ACCESS OR USE ANY OF THE NEXON API SERVICES OR ANY OTHER INFORMATION, TECHNOLOGY OR MATERIALS OWNED OR CONTROLLED BY NEXON OR ANY OF ITS AFFILIATES.
1. Definitions.
For purposes of these Nexon API Terms, the following terms have the following meanings:
1.1. “Application” means a software application and/or website owned, controlled or made available by You that incorporates, accesses or uses any Nexon API Services, including any Nexon Game Data.
1.2. “Nexon API” means any application programming interface(s) and other related information (which may consist of software, data, functions, features, code, instructions and/or other technology) made available to You by or on behalf of Nexon from time to time in its sole discretion pursuant to these Nexon API Terms.
1.3. “Nexon API Services” means individually and collectively, the Nexon API, the Nexon Game Data, Nexon Guides, Developer Identifiers (e.g., API keys) and any related materials made available by or on behalf of Nexon to You pursuant to these Nexon API Terms or otherwise in connection with the Nexon API.
1.4. “Nexon Brands/Marks” means all trade names, trademarks, service marks and associated slogans, logos, look and feel and other indicia of origin of Nexon and its affiliates, including those that appear on or in connection with any Nexon API Services.
1.5. “Nexon Game Data” means certain data, metadata and other information relating to the Nexon games, the Nexon API Services, the Services and/or any corresponding players/users and other individuals, including profiles, handles, screen names, gameplay history, platform behavior, statistics, team/group information, achievements, identifiers, communications, transactions, and other information, each as may be provided by Nexon through the Nexon API in its sole discretion from time to time.
1.6. “Nexon Guides” means (a) the Code of Conduct and Nexon Branding Guidelines (and other similar documentation, terms and conditions related to any Nexon Brands/Marks), (b) any other specifications, parameters, guides, FAQs or documentation related to the Nexon API Services that Nexon may make available from time to time in Nexon's discretion, and (c) any software code (other than any Developer Identifiers (as defined below)) that Nexon may make available specifically for the purpose of enabling an Application to access or use the Nexon API Services or to permit an Application to interface with the Nexon API (for example, code to be embedded in an Application to facilitate communication through or with the Nexon API Services).
1.7. “Nexon Master TOS” means the “Terms of Service and End User License Agreement” (located here: https://m.nexon.com/terms/304 You have entered into with Nexon or one of its affiliates), which includes any other agreement, code of conduct, guideline or policy (e.g., the Privacy Policy (located here https://m.nexon.com/terms/1000), etc.) that may be incorporated therein whether by reference or otherwise, and as may be amended from time to time.
2. Agreement; Additional Terms.
These Nexon API Terms constitute “Additional Terms” (as defined in the Nexon Master TOS). In the event of an irreconcilable conflict between the terms and conditions of these Nexon API Terms, on the one hand, and the terms and conditions of the Nexon Master TOS, the Guidelines and/or any other applicable legal document, on the other hand, then the terms and conditions of these Nexon API Terms shall govern with respect to the subject matter herein. For purposes of clarity, the term “Services” as defined in the Nexon Master TOS (and used in these Nexon API Terms) shall include the Nexon API Services.
3. Compliance; Accepting on Behalf of Others.
By using the Nexon API Services, You represent and warrant that You, Your Application and use of any Nexon API Services does not and shall not violate any applicable law, rule or regulation, and You and Your Application(s) will (a) comply with all applicable laws, rules and regulations and these Nexon API Terms at all times, including when accessing or using the Nexon API Services; and (b) only access (or attempt to access) the Nexon API Services to develop and operate Your Application(s) by the means and in the manner described in these Nexon API Terms, including in accordance with the Nexon Guides and other documentation for the specific Nexon API Services You access. If You are using the Nexon API Services on behalf of someone else (such as Your employer), You represent and warrant that You have authority to bind that person or entity to the Nexon API Terms and by accepting these Nexon API Terms, You are doing so on behalf of that person or entity (and all references to 'You' in the these Nexon API Terms refers to that person or entity).
4. Modifications.
We may modify these Nexon API Terms at any time, for any reason, in our sole discretion. If we modify these Nexon API Terms, we will provide notice on or as part of Nexon API Services, by posting the changes on the relevant webpage(s)/URL(s) (or any successor webpage(s)/URL(s)), emailing the email address associated with the credentials assigned to you or your Application(s), or otherwise notifying You, as we determine in our sole discretion. You are solely responsible for providing us with a current and accurate email address. In certain circumstances, we may require You to provide additional consent before any further use of Nexon API Services is permitted. If You do not agree with any such modifications or changes, or to any of the terms in these Nexon API Terms, Your only remedy is to discontinue using the Nexon API Services. We recommend that You check back frequently and review these Nexon API Terms regularly so You are aware of the most current rights and obligations that apply to You.
5. Account Requirements; Developer Identifiers.
5.1 In order to access and use any Nexon API Services, we require that You, among other things, first register for a NEXON Arena ID/account (“User Account”), create a unique ID/username and password combination (“User Credentials”), and provide certain additional information, as prompted by Nexon Arena-related registration process. You represent and warrant that all registration and account information You submit is truthful and accurate in connection with such registration process and any subsequent use of your User Account and User Credentials related to or in connection with the Nexon API Services (e.g., any Applications, etc.) and that You shall maintain and promptly update the accuracy of such information. You may only have one User Account, and are responsible for maintaining the strict confidentiality of Your User Account, User Credentials and any unique identifiers, credentials or codes (including any and all API keys and other similar codes, passwords, credentials, etc. related to use of the Nexon API Services) (collectively, “Developer Identifiers”). You are responsible for any access to, or use of, Nexon API Services by You or any person or entity using Your Developer Identifiers or the device You use to access and use any of the Nexon API Services, whether or not such access or use has been authorized by You or on your behalf, and whether or not such person or entity is Your employee or agent. It is therefore critical that You do not share any of Your Developer Identifiers with anyone. You agree to immediately notify Nexon in writing of any unauthorized use of any of Your Developer Identifiers, or any other breach of security or unauthorized activity. It is Your responsibility to (a) control the dissemination and use of Your Developer Identifiers; (b) update, maintain, and control access to Your Developer Identifiers; and (c) cancel Your User Account or any use of or conduct related to the API Services (including Applications, etc.). We reserve the right to deny data, access, use, registration and any other privileges to anyone if we believe there is a question about the use of, conduct associated with or the identity of the person trying to access any account related to, used in connection with or any other element of Nexon API Services, including Developer Identifiers and Applications.
5.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE NEXON API TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT OR DEVELOPER IDENTIFIERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR USER ACCOUNT AND DEVELOPER IDENTIFIERS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NEXON. We do not recognize or allow the transfer of accounts between persons or entities. You may not, and may not offer to, purchase, sell, gift or trade any account. Any such attempt shall be null and void (ab initio) and may result in the termination and forfeiture of the User Account.
6. Nexon Brands/Marks.
6.1 Limited License.
Subject to Your compliance with these Nexon API Terms and the Nexon Master TOS, Nexon grants You a personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable and limited license to display certain of the Nexon Brands/Marks that are specified in the Nexon Guides on or through Your Application(s) solely in accordance with the Nexon Guides and these Nexon API Terms.
6.2 Restrictions and Attribution.
(a) All use of the Nexon Brands/Marks (including any associated goodwill) will inure to Nexon’s benefit. You irrevocably assign and will assign to Nexon any right, title, and interest that You obtain in any of the Nexon Brands/Marks. You will not, at any time, challenge or assist others to challenge the validity of the Nexon Brands/Marks or their registration (except to the extent You cannot give up that right by law) and You will not attempt to register any trade names, trademarks, service marks, logos or domain names confusingly similar to the Nexon Brands/Marks.
(b) All Applications must provide proper attribution in accordance with the Nexon Guides and Nexon Master TOS and other pursuant to these Nexon API Terms (where applicable) when using the Nexon Brands/Marks. Nexon reserves the right to determine whether Your attribution(s) and display of the Nexon Brands/Marks comply with the Nexon Branding Guidelines and these Nexon API Terms. You must not alter, delete, or conceal any copyright, trademark, service mark or other notices contained on or made available in connection with the Nexon API Services, including notices on any Nexon games, properties, applications, websites or other platforms. Except as expressly authorized by Nexon or as set forth in these Nexon API Terms, You shall not, nor shall You allow any third-party (whether or not for Your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including on or via a third-party website or platform), or otherwise use, the Nexon API Services without the express, prior written consent of Nexon (or its owner, if Nexon is not the owner). Without limiting any other rights or remedies of Nexon, Nexon reserves the right, in whole in part to terminate Your license to display or use the Nexon Brands/Marks at any time.
7. Restrictions and Requirements.
7.1 General.
You are solely responsible for Your conduct in connection with the Nexon API Services. We want to keep the Nexon API Services safe and enjoyable for everyone and the use of the Nexon API Services for unlawful or harmful activities is not allowed. Any access to or use of any of the Nexon API Services is expressly conditioned upon and subject to these Nexon API Terms (including the Nexon Master TOS, Nexon Guides and Privacy Policy) together with, among other things, the following restrictions, terms and conditions (including those in Section 8) and Your compliance at all times therewith.
7.2 Restrictions.
In connection with Your access to and use of the API Services, You agree that You will not, and You will cause each Application not to, directly or indirectly, violate any applicable laws, rules or regulations, the rights of others, or the operational and security mechanisms of the API Services. Examples of such prohibited behavior include, but are not limited to, directly or indirectly (intentionally or unintentionally):
(a) Using the API Services ( or otherwise making available on, through, or in connection therewith any data, material or service) in a manner that: (i) is, illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, explicit, graphic, or promotes discrimination, hatred or harm of any kind against any group or individual, or that is intended to annoy, abuse, endanger, threaten or harass any other person; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) is designed to monitor, distort, delete, disable, damage or disassemble any Nexon API Services (including any Services (e.g., games, offerings, products and services) (or their ability to communicate and function with other computers), including through the use of any software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any property; (iv) displays or implies any kind of product or political endorsement, whether by Nexon, any game player/user or otherwise, (v) that adversely impacts the behavior of other applications or websites using the Nexon API Services; (vi) would violate any applicable law or rule, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity; (vii) modifies, disrupts, impairs, alters or interferes with the use, features, function, operation or maintenance of the Nexon API Services or the rights or use or enjoyment of the Services by any other user; or (viii) is contrary to the spirit of the Services, compromises the integrity of any Nexon game or service, or creates an unfair advantage for players or conflicts with Nexon’s values (in each instance above, as determined by Nexon in its sole and absolute discretion).
(b) Using the Nexon API Services to collect any additional information about the Services or users that is not provided through Nexon Game Data or expressly permitted by the Nexon API.
(c) Sending messages to or communicating with (or attempting to do the foregoing) other users of the Services through Nexon Game Data obtained from the Nexon API.
(d) Distributing, selling, transferring, encumbering, sublicensing, renting, loaning, lending or leasing the Nexon API, any component thereof, and/or access thereto to any third party.
(e) Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover or directly access the source code of the Nexon API, Service and/or any component thereof, or otherwise attempt to derive source code, trade secrets, or know-how in any Nexon API Services; or interfere with, modify, disrupt or disable features or functionality of any Nexon API Services, including without limitation any means used to circumvent any software protection or monitoring mechanisms of the Nexon API Services.
(f) Impersonating any person or entity, including Nexon, any Nexon official, or falsely state or otherwise represent your affiliation with a person or entity, transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information or statements of fact;
(g) Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or Use the services if you are on any U.S. Government list of prohibited or restricted parties.
8. Additional Terms and Conditions.
8.1 Nexon and You agree that You are a “Service Provider” pursuant to the California Consumer Privacy Act (“CCPA”). Your use of the Nexon Game Data is restricted to developing Applications that benefit the Nexon player community and You agree not to distribute Nexon Game Data outside of Your authorized Applications and not do anything that would change Your status under the CCPA from being a “Service Provider” to being a “Purchaser” of the Nexon Game Data.
8.2 You may not use the Nexon APIs, Nexon Game Data or other Nexon API Services to market or promote Your or a third party’s products or services. You may not display, distribute, or otherwise disclose the Nexon Game Data in any advertising or promotion or use the Nexon Game Data to target any advertising or promotion. You may not sell, license or otherwise transfer any Nexon Game Data (including anonymous, aggregate or derived data) to any ad network, data broker or other advertising or monetization-related service.
8.3 The Nexon Game Data is for Your personal use to enhance the experience of the players of Nexon’s games and you are not allowed to sell, license or otherwise transfer the Nexon Game Data to any third party.
8.4 You shall clearly and conspicuously identify Nexon in Your Application as the source of the Nexon Game Data, and You shall do it in such a way which makes it not appear that Nexon is endorsing or affiliated with Your Application. Additionally, Your Application shall not contain any of Nexon’s Brands/Marks as a part of its title or URL.
8.5 You must use appropriate technical and organizational security measures to prevent unauthorized access or disclosure of the Nexon Game Data. If You determine or have reason to believe that the Nexon Game Data has been accessed, disclosed or otherwise leaked to any unauthorized party, You must immediately notify Nexon within 24 hours of all circumstances related to the unauthorized access disclosure, or leak, and cooperate fully with Nexon in rectifying the breach.
8.6 Without limiting the generality any data or privacy related terms and conditions herein (or otherwise related the Services), (a) you must comply with all applicable privacy laws and regulations, including those applying to personal data and personal information (as such terms are interpreted under applicable law): (b) you must at all times post a privacy policy governing the use of the Nexon Game Data, which shall be consistent with Nexon’s privacy policy (which can be found here: the Privacy Policy (https://m.nexon.com/terms/1000; (c) you must ensure that each Application posts such privacy policy and adheres to such published privacy policy; and (d) each such published privacy policy must clearly and accurately describe to its users what user information You and Your Application access, collect and store, and how and why You and Your Application use, process, and share such information (including for advertising) with us and other third parties. Without limiting the generality of the foregoing, or any other terms and conditions herein, (i) the privacy policy shall provide that the Nexon Game Data is provided to players on an “as is” basis consistent with the disclaimers in these Nexon API Terms and the Nexon Master TOS; (ii) you shall not collect, use, store or disclose any player’s personal information or personal data in any manner that violates applicable laws, rules or regulations, and if You do collect, use or store any player’s personal information, You must inform them of such use and that it is subject to Your privacy policy; (iii) You shall not collect, store or otherwise intercept a player’s or user’s Nexon or Nexon platform related password, login or other credentials; and (iv) You will strictly abide by Your privacy policy in handling the Nexon Game Data.
8.7 Data protection laws in Europe, the United States and other countries give players the right to correct, withdraw and review Nexon Game Data you will be using. You must implement a maximum 30-day TTL (time-to-live) policy for all Nexon Game Data obtained through the Nexon APIs. This means You will retain data pulled from the Nexon APIs for no longer than 30 days and must delete all information associated with your Application or a particular ID and not display that information, and promptly take such other actions with respect to any Nexon Game Data in accordance with any Nexon instructions or requests, the Nexon Guides and/or the Nexon Master TOS. Moreover, the Nexon Game Data should be dynamically available to the public and should not be integrated into any physical product. Doing so could prevent or hinder the deletion of the Nexon Game Data, should Nexon or a user so request.
8.8 Applications should not be designed for nor marketed to users under the age of 13 years of age.
8.9 To the extent You and Your Application(s) are permitted to access or use data, You and Your Application(s) will, and will require those acting on Your behalf to, maintain reasonable and appropriate administrative, organizational, technical and physical controls designed to ensure the privacy, security, and confidentiality of Nexon data (including Nexon Game Data) and user data collected by Your Application(s) (including personal data) to protect from accidental or unauthorized destruction, access or use.
8.10 Nexon may monitor, review and inspect Your Application(s), and monitor and audit Your access to and use of the Nexon API Services, at any time and without further notice to You, to ensure quality, improve our products and services, and verify Your compliance with these Nexon API Terms.
8.11 You grant Nexon a non-exclusive, perpetual, royalty-free right and license to use the Application and to distribute and publicly display it and the Nexon Game Data compiled and arranged by it. You also grant Nexon the right to monitor or collect data related to Your use of the Nexon API to ensure Your compliance with these Nexon API Terms and to use as Nexon may otherwise deem appropriate.
8.12 Nexon may, in its sole discretion, limit access to and/or usage of the Nexon API and/or any other Nexon API Services by you and/or any Application. Without limiting the generality of the immediately preceding sentence, Nexon may, in its sole discretion, limit (a) the number of network calls that any Application may make with the Nexon API, (b) the maximum file size and/or the maximum Nexon Game Data that may be accessed, and/or (c) your access to and/or use of the Nexon Game Data and anything else contained in or obtained through the Nexon API. Nexon may change such usage limits at any time and without notice. Without limiting the foregoing, You shall not use the Nexon API in a manner that exceeds reasonable request volume or constitutes excessive or abusive use. Without limiting any of its rights under these Nexon API Terms or otherwise, Nexon may use technical means to prevent overusage and/or stop usage of the Nexon API if any application and/or website exceeds reasonable usage limitations as determined by Nexon in its sole and absolute discretion.
8.13 Without Nexon’s prior written agreement, use of the Nexon API Services for commercial purposes is not permitted, whether compensated or not. Without limiting the generality of the foregoing, You may not make available “Premium” versions of Applications (or similar services) offering additional for-pay features, and players may not be charged money to download an Application, charged for services related to the Application, or otherwise be required to offer some form of monetary compensation to download or access an Application when those features use the Nexon APIs. Likewise, Applications may not include interstitials soliciting donations before features or functionality becomes available to the player. Also, players may not be required to watch a video advertisement before accessing a feature or function of the application.
8.14 Applications should not be designed for nor marketed to users under the age of 13 years of age.
8.15 You understand and agree that the Nexon API Services and Nexon Game Data is being provided 'as is' and “as available” basis and Nexon makes no representation, warranty or guarantee of the availability of any data, functionality or feature provided by or through the Nexon API Services and is not required to provide any technical or other support services to You or any user of any Application. In addition, Nexon may at any time revoke access to the Nexon API Services or disable part or all of any Nexon API or Nexon Game Data without any warning or notice.
8.16 Except as permitted through authorized use of the Nexon APIs, you will not perform any data-mining, scraping, crawling or use any processes that sends automated queries to Nexon or any Nexon game, service, or website, or use any other similar methods or tools to gather or extract data other information from Nexon, any Nexon game or service or any users or players.
9. Term; Termination.
9.1 You may terminate Your use of or registration for the Nexon API Services at any time by closing Your User Account (as defined below), immediately ceasing any use of the Nexon API Services and deleting from your Application all Nexon Game Data (together with all copies of the Nexon Game Data in Your possession or under your control). If any individual requests that You cease using their data, either by making a request to you directly, making a request through Nexon, or requesting that their account be de-linked from Your Application, You must immediately cease using the Nexon API and Nexon Game Data from Your Application, and delete all copies of the individual's data in Your possession or under Your control.
9.2 We may suspend, discontinue or terminate Your access to, use of or registration for any aspect of the Nexon API Services (including Developer Identifiers assigned to You), impose additional requirements and restrictions, or terminate these Nexon API Terms at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party, including in the event You, Your Application(s) or those acting on your behalf have breached these Nexon API Terms, or if we are required to by applicable law.
10. Representations And Warranties.
Without limiting the generality of any other representations and warranties set forth in these Nexon API Terms, You further represent and warrant to Nexon that: (a) You have the power and authority to enter into and carry out this agreement regarding these Nexon API Terms;(b) the information You provided Nexon as part of Your User Account was true and correct and will remain true and correct as long as you possess Nexon Game Data or otherwise use any of the Nexon API Services; (c) Your Application does not and will not infringe upon the intellectual property, propriety or other rights of any third party; and (d) You and Your Applications comply with all applicable laws, rules, and regulations, including the CCPA and the EU’s General Data Protection Regulation.
11. Indemnity.
You agree to hold harmless and indemnify Nexon, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to Your or Your users’ use of Your Application, the Nexon APIs, Nexon Game Data or the Nexon API Services, Your breach of these Nexon API Terms, including any representations or warranties, or other actions connected with the use of the Nexon API Services, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
12. Ownership and Reservation of Rights.
12.1 Ownership.
As between You and Nexon, Nexon, its affiliates, and its and their licensors and suppliers, retain all rights in, title to, interest in, and ownership of (including all intellectual property rights (e.g., all patent, trademark, copyright, trade secret, and other proprietary rights) in and to) all Nexon API Services (including all Nexon Game Data), Nexon Brands/Marks, all Nexon websites, applications, products and services, all underlying technology and computer programming, and all derivative works of any of the foregoing ('Nexon Property'). As between You and Nexon, You retain all rights in, title to, interest in and ownership of Your Application(s), excluding any Nexon Property.
12.2 No Other Rights.
Except for the express rights contained in these Nexon API Terms, Nexon grants You no other rights or licenses (whether express, implied, by virtue of estoppel or exhaustion, or otherwise) to the Nexon Property or any of Nexon’s or its affiliates’ intellectual property rights. Without limiting the generality of the foregoing, no rights or licenses are granted under any patents owned or controlled by Nexon or its affiliates, and no rights or licenses are granted to reproduce or distribute content or make content available in any manner other than through the use of the Nexon API Services in accordance with these Nexon API Terms. All rights not expressly granted to You are reserved by Nexon.
12.3 Publicity.
Nexon and its affiliates may use Your company or organization name (or personal name if an individual), product names or logos in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies, and other marketing-related activities, including producing and distributing incidental depictions such as screenshots, video, or other content from Your Application(s). You grant to Nexon and its affiliates a non-exclusive, irrevocable, royalty-free, worldwide license to display Your company or organization name (or personal name if an individual), product name or logos for the above purposes. You must not make any public statements regarding Your access to, or use of, the Nexon API Services that suggests partnership with, or sponsorship or endorsement by, Nexon without Nexon’s prior review and written approval.
13. Proprietary Rights.
Nexon is the owner or licensee of all right, title, and interest in and to the Nexon APIs, Nexon Game Data and Nexon API Services, and all features and components thereof. All rights not explicitly granted in these Nexon API Terms are reserved to Nexon. Without limiting the foregoing:
(a) Nexon owns all right, title and interest (including all intellectual property rights) in and to the Nexon APIs, including all output and executables of the Nexon APIs, and including any modifications to or derivatives of the Nexon APIs. You agree to abide by all applicable intellectual property laws and other laws with respect to their use. Except to the extent of any license granted herein by Nexon to You, these Nexon API Terms do not grant to You any right, title, or interest in any intellectual property owned or licensed by Nexon, including to the Nexon APIs, the Nexon Game Data, the Nexon API Services nor any derivatives of them.
(b) You acknowledge and agree that Nexon may independently develop (directly and indirectly) other applications, platforms, games and/or websites through its use of the Nexon APIs and/or Nexon Game Data or otherwise which may be identical or similar to Your Applications in function, code or other characteristics. You agree that, to the extent any similarity is based upon the Nexon APIs, Nexon API Services, Nexon Brands/Marks and/or Nexon Game Data, You will have no ownership or intellectual property rights in such applications, platforms, games and/or websites, or any related tangible or intangible property rights. You further acknowledge and agree that any applications, platforms, games and/or websites developed by Nexon and using the Nexon APIs, Nexon Game Data or Nexon Brands/Marks that may be identical or similar to Your Application in function, code, appearance or other characteristics will not be deemed to violate any of Your rights in Your Application or any related proprietary rights, and that any such characteristics are coincidental in nature. In this regard, You expressly grant to Nexon and its designees a limited, non-exclusive license in and to any proprietary rights You may hold in any Application for purposes of developing, using and exploiting any applications, platforms, games and/or websites developed by or on behalf of Nexon using the Nexon APIs, Nexon API Services and/or Nexon Game Data.
(c) You hereby agree to irrevocably assign, without charge, credit or other obligation, all intellectual property rights relating to oral and written comments and suggestions provided by You relating to the Nexon APIs, Nexon Game Data and Nexon Brands/Marks (“Feedback”) and You will take all actions deemed necessary by Nexon in order for Nexon to record, perfect and maintain its right in and to all Feedback.
14. Disclaimers; Limitation of Liability; Other Limitations.
14.1 Generally.
THE NEXON API SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND DATA MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, INCLUDING THE NEXON GAME DATA, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE NEXON API SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE NEXON API SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND DATA MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, INCLUDING THE NEXON GAME DATA, ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of Your use of the Nexon API Services. You understand, acknowledge and agree that You are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Nexon API Services, including the Nexon Game Data associated with Your use of Nexon API Services.
14.2 Third Party Products and Services.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTIES OR THIRD PARTY SERVICE PROVIDERS OR OTHER WEBSITES, PLATFORMS OR APPLICATIONS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE NEXON API SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK.
14.3 No Warranty of Timeliness or Availability.
You further understand and acknowledge the capacity of the Nexon API Services, in the aggregate and for each user, is limited. Consequently, some data, messages and transmissions, including Nexon Game Data, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, You acknowledge and agree that Nexon assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Nexon Game Data or for any failure or delay associated with any Nexon Game Data or the Nexon API Services and You are hereby expressly advised not to rely upon the timeliness or performance of the Nexon API Services for any transactions of any kind. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Nexon API Terms may not apply to You.
14.4 Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEXON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM THESE NEXON API TERMS OR YOUR USE OF THE NEXON APIS, NEXON GAME DATA, OR NEXON API SERVICES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION. IF YOU DO NOT AGREE WITH ANY PART OF THESE NEXON API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST NEXON WITH RESPECT TO THESE NEXON API TERMS, THE NEXON APIS, THE NEXON GAME DATA OR THE NEXON API SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEXON APIS, NEXON GAME DATA AND NEXON API SERVICES. SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEXON’S LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO NEXON DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; AND (B) $1,000 USD.
15. Notice.
Where Nexon requires that You provide an email address, You are responsible for providing Nexon with Your most current email address. In the event that the last email address You provided to Nexon is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by these Nexon API Terms, Nexon’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Nexon as described in the Nexon Master TOS. Such notice shall be deemed given when received by Nexon by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
16. Miscellaneous.
These Nexon API Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by You, but may be assigned or transferred by Nexon, in whole or in part, without restriction, notice or other obligation to You. If any part of these Nexon API Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Nexon API Terms shall be given full force and effect. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. Any provision of these Nexon API Terms, which, either by its terms or to give effect to its meaning, must survive, shall survive the cancellation, expiration or termination of this Agreement.