Terms of Service

NIMBLE NEURON TERMS OF SERVICE (20220203)

(Microsoft platforms follow the Microsoft’s Terms of Service)

If you reside outside of the Republic of Korea, these Terms of Service (“Terms of Service”) are an agreement between you (as defined below) and Nimble Neuron Corp. (“Company”). By using the Service (as defined below), you accept and agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, access, or use the Service.

1. GENERAL

1.1 The Company grants to you a non-exclusive, non-transferable, non-sublicenable, revocable limited license to use and display the services (“Service”) provided by the Company for your personal, non-commercial use by any device(s) of which you are the sole, primary user. The Service means any computer, console, or mobile game, licensed product or service accessed, downloaded, or installed by you from the Company website(s) or through Steam®, Xbox™, Playstation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). The terms “you” and “your” refers to the user of the Service provided by the Company. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms of Service. By installing, accessing, or using the Service, you accept and agree to the terms of these Terms of Service.

1.2 The Company has the right to change the Terms of Service in any way and at any time at its sole discretion. It is your responsibility to review these Terms of Service to find out any changes or updates. If you do not agree to these Terms of Service, discontinue your use of the Service. These Terms of Service may be revised without notice and will become effective upon posting on any of the Company website(s). You agree that you will be considered to have been given notice of any revisions once we post them on this site and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

1.3 The Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

1.4 Your use of the Service is conditioned upon your compliance with the Terms of Service and any use of the Service in violation will be regarded as an infringement to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms.

1.5 IF YOU ARE UNDER THE AGE OF 18, YOU UNDERSTAND AND AGREE THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THE TERMS OF SERVICE ON YOUR BEHALF BEFORE YOUR USE OF THE SERVICE.

1.6 When you register to become a user of the Service, you may be requested to create a password, a nickname and/or user ID or register your e-mail address as your username. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You will also be solely responsible for the maintenance of the device used for the registration.

2. VIRTUAL GOODS AND PAYMENTS

2.1 The Service may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Service or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Service or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace. You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods prior to making any transaction, including but not limited to purchase and refund procedures.

2.2 You have non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Currency within the Service that you have purchased or otherwise obtained in a method authorized by the Company. The Company may control, manage, regulate, modify, or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice. In such case, you understand and agree that the Company shall have no liability to you or any third party. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Service.

2.3 You may not transfer, sell, or sell Virtual Currency and Virtual Goods to any third party except where expressly authorized by the Company. Any such transfer or attempt to transfer is prohibited and void and may subject to termination of your account. You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where the Company, Provider, or the applicable Third-Party Marketplace decides in its sole discretion to provide a refund. In addition, if your account or any portion of the Service is discontinued or terminated for any reason, you will forfeit all Virtual Currency and Virtual Goods and the Company shall have no liability.

3. INTELLECTUAL PROPERTY

3.1 All contents available through the Service, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties (“Company Content”) are the proprietary contents and are properties of, and are solely owned by, the Company. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights. Except where expressly authorized by the Company, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell the Company Content or any portion thereof. Any unauthorized use of the Company Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise. The obligation set forth in this section 3.1 shall survive any termination or expiration of your account or your use of the Service.

3.2 The names and marks “Nimble Neuron”, any of the Service and the Company’s game, and any other logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Service are registered or unregistered trademarks, service marks or trade dress of the Company (the “Marks”). You may not use the Marks other than in connection with any incidental use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you. The obligation set forth in this section 3.2 shall survive any termination or expiration of your account or your use of the Service.

4. USER-GENERATED CONTENT

4.1 You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, “User Content”) that you post to, or transmit through, the Service or that you share with other users. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or that you do not have rights or permission to post. The Company may review, but is not obligated to review, User Content posted to, transmitted through, or shared with other users of, the Service to verify that such User Content and actions related thereto complies with these Terms of Service. The Company may, in its sole discretion and without notice to you, modify, remove, delete, or disable access to, any User Content for any reason or for no reason, including if the applicable User Content or actions related thereto do not comply with these Terms of Service. The Company is not liable for any loss you incur as a result of the removal, deletion, or disabling of access to, any of your User Content. The Company may, but is not obligated to, monitor User Content for any reason or for no reason at all, including without limitation any messages sent by or between users by or through the Service. If the Company chooses to monitor User Content or to remove, delete, or disable access to, any User Content, such acts will not result in the Company assuming any responsibility for the User Content or the user associated with such User Content and the act of monitoring the Service or any User Conduct will not obligate the Company to modify, remove, delete, or disable access to, any User Content that does not comply with these Terms of Service. The obligation set forth in this section 4.1 shall survive any termination or expiration of your account or your use of the Service.

4.2 Subject to the following license between you and the Company, you retain ownership of all of your rights in the User Content. By posting User Content to, storing User Content at, or transmitting User Content through, the Service, you (a) authorize and direct the Company to reproduce, distribute, transmit and use such User Content as necessary to facilitate the posting, storage and transmission of, and the access to, such User Content in connection with the Service, and (b) grant to the Company a nonexclusive, worldwide, perpetual, royalty-free, fully paid, transferable license (with the right to sublicense) to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content, for any purpose (commercial or noncommercial), including without limitation use in connection with the Service. You may remove any User Content from the Service at any time, in which case the foregoing license will terminate with regard to its future usage upon our receipt of your notice or our acknowledgement of such removal; provided that the Company may retain archived copies of your User Content for so long as is necessary for administrative purposes and if the Company has used your User Content prior to your removal of it, the Company may continue to use your User Content in any manner the Company previously had used such content. (For example, if your User Content was included in an advertisement, the Company may continue to use such advertisement). The obligation set forth in this section 4.2 shall survive any termination or expiration of your account or your use of the Service.

4.3 The Company has no liability to you for the User Content, and makes no warranties, express or implied, as to or the accuracy, reliability or content of the User Content posted on or through the Service and such User Content does not necessarily reflect the opinions, positions, or policies of the Company. Although the Company provides rules and principles for user conduct and postings, the Company does not control, and has no liability to you for, what users post, transmit or share to or through the Service and the Company has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access on or through the Service, including in connection with any User Content. The obligation set forth in this section 4.3 shall survive any termination or expiration of your account or your use of the Service.

5. PROHIBITED CONDUCT

5.1 You may use the Service solely for your personal, noncommercial use. You represent, warrant, and agree that you will not use the Service in an unlawful, threatening, or harassing manner, or take any action that, in the Company’s sole discretion, is offensive, libelous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that the Company intends to govern the use of Service. The Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. Without limiting the foregoing, the actions set forth below are expressly prohibited and may result in suspension or termination of your account in the Company’s sole discretion.

(i) Acts of Slander, Libel and Threat and Offensive Content

Creating a nickname and/or user ID, posting or transmitting a message or any content or file to or through the Service, or otherwise using the Service to engage in any action, that, in the Company’s sole discretion: is slanderous, libelous, defamatory, disparaging, harmful, vulgar, abusive, unlawful, harassing, fraudulent, invasive, or insulting; is threatening or intimidating; contains or promotes excessive violence or offensive subject matter; evidences bigotry or evidences bias, discrimination or hate on the basis of, or advocates physical violence against any person or group on the basis of, race, sex, sexual orientation, religion, age or other traits, or that is otherwise offensive or objectionable; or is made with an intent to defraud or mislead the Company or other users or that you know is false or misleading; Stalking any other user of the Service or otherwise using the Service to threaten or stalk any individual or group; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(ii) Actions for the Purpose of Offline Interaction

Utilizing the Service for the purpose of dating or engaging in sexual conduct or encouraging others to do the same; Posting or transmitting a message or any content or file to or through the Service for the purpose of meeting another user, such as suggesting an offline meeting, or for the purpose of encouraging another user to engage in such actions; Utilizing the Service to provide another user with personal information not included in your profile (including telephone number, physical address, email address, etc.) or to request such information from another user; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(iii) Posting or Transmission of Adult Content

Utilizing the Service to submit, send, or transmit a message, file or any other content that includes lewd, obscene, pornographic, or sexual content or subject matter; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(iv) Transmission of Advertising and Spam and Engaging in Similar Acts

Utilizing the Service to post, transmit or send advertisements, junk mail, chain letters, solicitations, unsolicited content with a commercial purpose, or messages or content that otherwise harass or inconvenience users or other recipients; Utilizing the Service to direct, redirect, or drive traffic to an unrelated website or service for commercial gain or to fraudulently induce another user to access, visit or view another website or service or to cause another user to unintentionally do so; Collecting or harvesting email addresses, mobile phone numbers, user identifications or other communications targets by automated or other means for the purposes of sending unsolicited emails or other unsolicited communications; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. The sending of spam through the Service will not be tolerated and the Company will take such action against spammers, including taking legal proceedings and reporting to the relevant authorities, as it may be advised.

(v) Actions that Infringe on Third Party Rights

Posting or transmitting a message or any content or file to or through the Service that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity; Otherwise utilizing the Service in any manner that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity (including the Company); Posting or disclosing other users’ or other individuals’ photographs, personal information or other private information or data (including Social Security numbers, credit card numbers, phone numbers, physical or email addresses) or otherwise utilizing the Service in a manner that violates the privacy of another person or entity; Soliciting passwords of other users, or soliciting personally identifiable information for any purpose, whether commercial or non-commercial, or lawful or unlawful; or engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(vi) Falsifying User Information and Other Actions Related to User Accounts

Logging in on another user’s account or using another user’s name, nickname, avatar, or other identifier to send messages, post content or take other actions that utilize the Service; Providing any false information in the registration form to become a Registered User or otherwise providing false information in your user profile or through the Service, including, without limitation, misrepresenting your age; Registering for more than one account as a Registered User or registering on behalf of another person, entity or group; Selling, trading, or transferring your Registered User account or purchasing or receiving the Registered User account of another user; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(vii) Interrupting Games and Falsifying Game Scores

Intentionally forcing the Service to end in the middle of a Service or taking other actions that disrupt or interrupt the Service; Intentionally exploiting any bugs or weakness in the Service, hacking, or any Service game or falsifying the scores in any Service game; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(viii) Exploiting the Service

Intentionally exploiting any bugs, weaknesses or vulnerabilities in the Service or taking any action that could disable, damage, impair, injure or overburden the Service; Using automated scripts, spiders or other technological methods to collect information from the Service or to otherwise engage the Service; Reverse engineering or analyzing the software or services that are provided through the Service or otherwise using the software code other than as permitted herein; Posting, introducing, or transmitting to or thorough the Service viruses, disabling code, Trojan horses, malware, spyware, adware, malicious code or other code, files or programs designed or intended to interrupt, interfere with, limit, compromise or destroy any computer or device software, hardware or telecommunications equipment, infrastructure, or networks; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(ix) Commercial Uses and Solicitation

Conducting sales, exchanges, swaps, auctions or other transfer of products or services through the Service; Using the Service for gambling purposes; Posting or transmitting a message or any content or file to or through the Service that includes links or URLs that are not approved by the Company; Soliciting other users to join organizations, associations, religious groups or other affinity or identity groups other than groups established pursuant to the Service and approved by the Company, or soliciting other users to join, invest in, or collaborate with, pyramid investment schemes, multilevel marketing enterprises, or similar groups or enterprises. Posting or transmitting a message or any content or file to or through the Service for the purpose of commercial advertisement or publicity (including, without limitation, recruitment advertisements); or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(x) Additional Prohibited Acts

Posting or transmitting a message or any content or file to or through the Service that is unlawful or that solicits or encourages unlawful acts or otherwise using the Service to engage in any action that is unlawful or that solicits or encourages unlawful acts;Taking an action or encouraging any action that disturbs the operation of the Service; Taking any action or utilizing the Service in such a manner that may expose the Company or its users to legal liability or harm of any type; orEngaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. The foregoing provides examples of the types of actions and content that are prohibited in connection with your use of the Service, but the Company reserves the right in its sole discretion to prohibit similar actions and content and to investigate and take legal action against violators as appropriate. If you believe any of the foregoing prohibited actions are taking place, please notify the Company promptly by following the process described on our support page at: eternalreturn@nimbleneuron.com.

6. TERM AND TERMINATION

6.1 Without prejudice to any other rights of the Company, these Terms of Service shall remain in effect for as long as you use or run the Service. If you fail to comply with any term hereof, the Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, and without liability. Further, the Company expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the Company reasonably determines or believes, in its sole discretion, that you have violated these Terms of Service or that you pose a threat to the Service, the Company and/or any other user. The obligation set forth in this section 6.1 shall survive any termination or expiration of your account or your use of the Service.

6.2 You may close your account and terminate these Terms of Service without cause at any time by uninstalling and/or stop using the Service. Please note that you may lose: (i) your original game nickname and/or ID (“Original ID”), (ii) your in-game progress, such as in-game levels and items, and (iii) any Virtual Goods and/or Virtual Goods (as defined under Sections 2.1, 2.2, and 2.3 of these Terms of Service) that you (a) earned via the Service and/or (b) purchased from the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace accessible from that account at the time of the termination. You may not be entitled to any refunds or compensation unless specifically authorized by the Company, Provider, or applicable Third-Party Marketplace. The obligation set forth in this section 6.2 shall survive any termination or expiration of your account or your use of the Service.

6.3 Please note that the Company may remove your Original ID if you do not continuously use the Service, such as logging-in to your game account or playing the game for a certain period of time. If this occurs, the Company will provide a notice that details how and when (a deadline or a final date) you must use the Service to avoid removal of your Original ID. You may be prohibited from using your Original ID If you still do not use the Service prior to such deadline as set forth in the notice. Instead, the Company may provide you with following options once you use the Service again: (i) a new in-game nickname and/or ID, or (ii) a chance to create a new in-game nickname and/or ID. The obligation set forth in this section 6.3 shall survive any termination or expiration of your account or your use of the Service.

7. CHANGE TO SERVICE

7.1 The Company reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Service or any and all content, applications, and other items used or contained in the Service at any time and from time to time and without notice.

8. Using the Service

8.1 By installing or using the Service, you agree that you have read, understand, and agree to the terms of these Terms of Service, Nimble Neuron End User License Agreement, Nimble Neuron Privacy Policy, and any other rules that are applicable to the Service. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, END USER LICENSE AGREEMENT, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE SERVICE, PLEASE DO NOT INSTALL OR USE THE SERVICE.

9. THIRD PARTY INTELLECTUAL PROPERTY

9.1 The Company respects others’ intellectual property rights and holds its users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights. The Company reserves the right, in its sole discretion, to remove or disable access to any infringing material and to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act of the United States and other applicable law. In addition, the Company reserves the right in its sole discretion to terminate, limit or suspend the accounts of users who are infringe any third-party rights at any time, irrespective of whether such users are repeat infringers for purposes of applicable law.

10. WARRANTIES AND LIMITATIONS

10.1 YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (I) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (II) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH APPLICATIONS, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (III) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, CONTENT, DATA AND MATERIALS FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (IV) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (V) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE; AND (VI) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE WARRANTIES AND LIMITATIONS AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE WARRANTIES AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE WARRANTIES AND LIMITATIONS SET FORTH IN THIS SECTION 10.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.

11. LIMITATION OF LIABILITY

11.1 UNDER THE CONDITION THAT ANY DAMAGE OR LOSS WAS NOT CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL ACT BY THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNEES OR PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL PRICE PAID FOR THE SERVICE AS LONG AS THE DAMAGE WAS NOT CAUSED BY INTENTIONAL ACTS OR GROSS NEGLIGENCE BY THE COMPANY. IF YOU HAVE NOT PAID ANY AMOUNT TO THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.

12. FORCE MAJEURE

12.1 The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. GOVERNING LAW

13.1 Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. You agree to any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with these Terms of Service shall be brought in the courts located in the Republic of Korea, which it shall have the exclusive jurisdiction and venue. You expressly consent to the courts in the Republic of Koreas as the exclusive venue and hereby further irrevocably waive any claim that the courts in the Republic of Korea lacks jurisdiction over it and/or such court is an inconvenient forum. The obligation set forth in this section 13.1 shall survive any termination or expiration of your account or your use of the Service.

14. INDEMNITY

14.1 You agree to indemnify and hold harmless the Company, its affiliates and its and their respect directors, officers, employees, agents, successors and assignees, and any of its applicable licensee of the Service from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys’ fees and costs of investigation), arising out of, or related to, (i) your use of the Service, (ii) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term or condition set forth herein, and (iii) your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligation set forth in this section 14.1 shall survive any termination or expiration of your account or your use of the Service.

If you have any questions regarding these Terms of Service, please contact the Company customer support at: eternalreturn@nimbleneuron.com.

Effective Date: February 3, 2022.

NIMBLE NEURON TERMS OF SERVICE (Microsoft Platform Service Only) (20220203)

GENERAL
1.1 The Company grants to you a non-exclusive, non-transferable, non-sublicenable, revocable limited license to use and display the services (“Service”) provided by the Company for your personal, non-commercial use by any device(s) of which you are the sole, primary user. The Service means any computer, console, or mobile game, licensed product or service accessed, downloaded, or installed by you from the Company website(s) or through Xbox™, Microsoft Store, Steam®, Playstation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). The terms “you” and “your” refers to the user of the Service provided by the Company. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms of Service. By installing, accessing, or using the Service, you accept and agree to the terms of these Terms of Service.

1.3 The Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

1.5 By using the Service, you agree that you have read, understand, and agree with all related applicable rules and agreement(s) of the Company and Third-Party Marketplace applicable to the Service.

1.6 IF YOU ARE UNDER THE AGE OF 18, YOU UNDERSTAND AND AGREE THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THE TERMS OF SERVICE ON YOUR BEHALF BEFORE YOUR USE OF THE SERVICE.

1.7 When you register to become a user of the Service, you may be requested to create a password, a nickname and/or user ID or register your e-mail address as your username. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You will also be solely responsible for the maintenance of the device used for the registration.

VIRTUAL GOODS AND PAYMENTS
2.1 The Service may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Service or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Service or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace. You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods prior to making any transaction, including but not limited to purchase and refund procedures.

INTELLECTUAL PROPERTY
3.1 All contents available through the Service, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties (“Company Content”) are the proprietary contents and are properties of, and are solely owned by, the Company. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights. Except where expressly authorized by the Company, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell the Company Content or any portion thereof. Any unauthorized use of the Company Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise. The obligation set forth in this section 3.1 shall survive any termination or expiration of your account or your use of the Service.

USER-GENERATED CONTENT
4.1 You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, “User Content”) that you post to, or transmit through, the Service or that you share with other users. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or that you do not have rights or permission to post. The Company may review, but is not obligated to review, User Content posted to, transmitted through, or shared with other users of, the Service to verify that such User Content and actions related thereto complies with these Terms of Service. The Company may, in its sole discretion and without notice to you, modify, remove, delete, or disable access to, any User Content for any reason or for no reason, including if the applicable User Content or actions related thereto do not comply with these Terms of Service. The Company is not liable for any loss you incur as a result of the removal, deletion, or disabling of access to, any of your User Content. The Company may, but is not obligated to, monitor User Content for any reason or for no reason at all, including without limitation any messages sent by or between users by or through the Service. If the Company chooses to monitor User Content or to remove, delete, or disable access to, any User Content, such acts will not result in the Company assuming any responsibility for the User Content or the user associated with such User Content and the act of monitoring the Service or any User Conduct will not obligate the Company to modify, remove, delete, or disable access to, any User Content that does not comply with these Terms of Service. The obligation set forth in this section 4.1 shall survive any termination or expiration of your account or your use of the Service.

PROHIBITED CONDUCT
5.1 You may use the Service solely for your personal, noncommercial use. You represent, warrant, and agree that you will not use the Service in an unlawful, threatening, or harassing manner, or take any action that, in the Company’s sole discretion, is offensive, libelous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that the Company intends to govern the use of Service. The Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. Without limiting the foregoing, the actions set forth below are expressly prohibited and may result in suspension or termination of your account in the Company’s sole discretion.

(i) Acts of Slander, Libel and Threat and Offensive Content
Creating a nickname and/or user ID, posting or transmitting a message or any content or file to or through the Service, or otherwise using the Service to engage in any action, that, in the Company’s sole discretion:
is slanderous, libelous, defamatory, disparaging, harmful, vulgar, abusive, unlawful, harassing, fraudulent, invasive, or insulting;
is threatening or intimidating;
contains or promotes excessive violence or offensive subject matter;
evidences bigotry or evidences bias, discrimination or hate on the basis of, or advocates physical violence against any person or group on the basis of, race, sex, sexual orientation, religion, age or other traits, or that is otherwise offensive or objectionable; or
is made with an intent to defraud or mislead the Company or other users or that you know is false or misleading;
Stalking any other user of the Service or otherwise using the Service to threaten or stalk any individual or group; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(ii) Actions for the Purpose of Offline Interaction
Utilizing the Service for the purpose of dating or engaging in sexual conduct or encouraging others to do the same;
Posting or transmitting a message or any content or file to or through the Service for the purpose of meeting another user, such as suggesting an offline meeting, or for the purpose of encouraging another user to engage in such actions;
Utilizing the Service to provide another user with personal information not included in your profile (including telephone number, physical address, email address, etc.) or to request such information from another user; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(iii) Posting or Transmission of Adult Content
Utilizing the Service to submit, send, or transmit a message, file or any other content that includes lewd, obscene, pornographic, or sexual content or subject matter; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(iv) Transmission of Advertising and Spam and Engaging in Similar Acts
Utilizing the Service to post, transmit or send advertisements, junk mail, chain letters, solicitations, unsolicited content with a commercial purpose, or messages or content that otherwise harass or inconvenience users or other recipients;
Utilizing the Service to direct, redirect, or drive traffic to an unrelated website or service for commercial gain or to fraudulently induce another user to access, visit or view another website or service or to cause another user to unintentionally do so;
Collecting or harvesting email addresses, mobile phone numbers, user identifications or other communications targets by automated or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.
The sending of spam through the Service will not be tolerated and the Company will take such action against spammers, including taking legal proceedings and reporting to the relevant authorities, as it may be advised.

(v) Actions that Infringe on Third Party Rights
Posting or transmitting a message or any content or file to or through the Service that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity;
Otherwise utilizing the Service in any manner that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity (including the Company); Posting or disclosing other users’ or other individuals’ photographs, personal information or other private information or data (including Social Security numbers, credit card numbers, phone numbers, physical or email addresses) or otherwise utilizing the Service in a manner that violates the privacy of another person or entity;
Soliciting passwords of other users, or soliciting personally identifiable information for any purpose, whether commercial or non-commercial, or lawful or unlawful; or
engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(vi) Falsifying User Information and Other Actions Related to User Accounts
Logging in on another user’s account or using another user’s name, nickname, avatar, or other identifier to send messages, post content or take other actions that utilize the Service; Providing any false information in the registration form to become a Registered User or otherwise providing false information in your user profile or through the Service, including, without limitation, misrepresenting your age;
Registering for more than one account as a Registered User or registering on behalf of another person, entity or group;
Selling, trading, or transferring your Registered User account or purchasing or receiving the Registered User account of another user; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(vii) Interrupting Games and Falsifying Game Scores
Intentionally forcing the Service to end in the middle of a Service or taking other actions that disrupt or interrupt the Service; Intentionally exploiting any bugs or weakness in the Service, hacking, or any Service game or falsifying the scores in any Service game; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(viii) Exploiting the Service
Intentionally exploiting any bugs, weaknesses or vulnerabilities in the Service or taking any action that could disable, damage, impair, injure or overburden the Service; Using automated scripts, spiders or other technological methods to collect information from the Service or to otherwise engage the Service;
Reverse engineering or analyzing the software or services that are provided through the Service or otherwise using the software code other than as permitted herein;
Posting, introducing, or transmitting to or thorough the Service viruses, disabling code, Trojan horses, malware, spyware, adware, malicious code or other code, files or programs designed or intended to interrupt, interfere with, limit, compromise or destroy any computer or device software, hardware or telecommunications equipment, infrastructure, or networks; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(ix) Commercial Uses and Solicitation
Conducting sales, exchanges, swaps, auctions or other transfer of products or services through the Service;
Using the Service for gambling purposes;
Posting or transmitting a message or any content or file to or through the Service that includes links or URLs that are not approved by the Company;
Soliciting other users to join organizations, associations, religious groups or other affinity or identity groups other than groups established pursuant to the Service and approved by the Company, or soliciting other users to join, invest in, or collaborate with, pyramid investment schemes, multilevel marketing enterprises, or similar groups or enterprises.
Posting or transmitting a message or any content or file to or through the Service for the purpose of commercial advertisement or publicity (including, without limitation, recruitment advertisements); or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above.

(x) Additional Prohibited Acts
Posting or transmitting a message or any content or file to or through the Service that is unlawful or that solicits or encourages unlawful acts or otherwise using the Service to engage in any action that is unlawful or that solicits or encourages unlawful acts;
Taking an action or encouraging any action that disturbs the operation of the Service; Taking any action or utilizing the Service in such a manner that may expose the Company or its users to legal liability or harm of any type; or
Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. The foregoing provides examples of the types of actions and content that are prohibited in connection with your use of the Service, but the Company reserves the right in its sole discretion to prohibit similar actions and content and to investigate and take legal action against violators as appropriate. If you believe any of the foregoing prohibited actions are taking place, please notify the Company promptly by following the process described on our support page at: eternalreturn@nimbleneuron.com.

TERM AND TERMINATION
6.1 Without prejudice to any other rights of the Company, these Terms of Service shall remain in effect for as long as you use or run the Service. If you fail to comply with any term hereof, the Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, and without liability. Further, the Company expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the Company reasonably determines or believes, in its sole discretion, that you have violated these Terms of Service or that you pose a threat to the Service, the Company and/or any other user. The obligation set forth in this section 6.1 shall survive any termination or expiration of your account or your use of the Service.

CHANGE TO SERVICE
7.1 The Company reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Service or any and all content, applications, and other items used or contained in the Service at any time and from time to time and without notice.
Using the Service
8.1 By installing or using the Service, you agree that you have read, understand, and agree to the terms of these Terms of Service, Nimble Neuron End User License Agreement, Nimble Neuron Privacy Policy, and any other rules that are applicable to the Service. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, END USER LICENSE AGREEMENT, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE SERVICE, PLEASE DO NOT INSTALL OR USE THE SERVICE.
THIRD PARTY INTELLECTUAL PROPERTY
9.1 The Company respects others’ intellectual property rights and holds its users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights. The Company reserves the right, in its sole discretion, to remove or disable access to any infringing material and to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act of the United States and other applicable law. In addition, the Company reserves the right in its sole discretion to terminate, limit or suspend the accounts of users who are infringe any third-party rights at any time, irrespective of whether such users are repeat infringers for purposes of applicable law.
WARRANTIES AND LIMITATIONS
10.1 YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (I) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (II) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH APPLICATIONS, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (III) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, CONTENT, DATA AND MATERIALS FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (IV) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (V) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE; AND (VI) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE WARRANTIES AND LIMITATIONS AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE WARRANTIES AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE WARRANTIES AND LIMITATIONS SET FORTH IN THIS SECTION 10.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
11.1 UNDER THE CONDITION THAT ANY DAMAGE OR LOSS WAS NOT CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL ACT BY THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNEES OR PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL PRICE PAID FOR THE SERVICE AS LONG AS THE DAMAGE WAS NOT CAUSED BY INTENTIONAL ACTS OR GROSS NEGLIGENCE BY THE COMPANY. IF YOU HAVE NOT PAID ANY AMOUNT TO THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
FORCE MAJEURE
12.1 The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
GOVERNING LAW
13.1 Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. You agree to any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with these Terms of Service shall be brought in the courts located in the Republic of Korea, which it shall have the exclusive jurisdiction and venue. You expressly consent to the courts in the Republic of Koreas as the exclusive venue and hereby further irrevocably waive any claim that the courts in the Republic of Korea lacks jurisdiction over it and/or such court is an inconvenient forum. The obligation set forth in this section 13.1 shall survive any termination or expiration of your account or your use of the Service.
INDEMNITY
14.1 You agree to indemnify and hold harmless the Company, its affiliates and its and their respect directors, officers, employees, agents, successors and assignees, and any of its applicable licensee of the Service from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys’ fees and costs of investigation), arising out of, or related to, (i) your use of the Service, (ii) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term or condition set forth herein, and (iii) your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligation set forth in this section 14.1 shall survive any termination or expiration of your account or your use of the Service.

If you have any questions regarding these Terms of Service, please contact the Company customer support at: eternalreturn@nimbleneuron.com.

EEffective Date: February 3, 2022.

Nimble Neuron with KakaoGames Europe – Terms of Service (20220203)

If you reside in the service area of Kakao Games Europe B.V. included in Annex 1, these terms of service (“Terms of Service”) are an agreement between you and Kakao Games Europe B.V., “the Company”.

By using the Service (as defined below), you accept and agree to these Terms of Service and expressly accept that these Terms of Services apply to the agreement between you and Kakao Games Europe B.V. or Nimble Neuron Corp. mentioned above. If you do not agree to these Terms of Service, please do not install, access, or use the Service.

GENERAL
1. The Company grants to you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use and display the services (“Service”) provided by the Company for your personal, non-commercial use by any device(s) of which you are the sole, primary user. The Service means any computer, console, or mobile game, licensed product or service accessed, downloaded, or installed by you from the Company website(s) or through Steam®, Xbox™, Playstation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). The terms “you” and “your” refers to the user of the Service provided by the Company. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms of Service. By installing, accessing, or using the Service, you accept and agree to the terms of these Terms of Service.
2. The Company has the right to change these Terms of Service. After the Terms of Service have been changed, a notification will be given upon your first use of the Service after the change of the Terms of Service, and you will be provided with a reasonable opportunity to take notice of the changes in the Terms of Service. The changed version of these Terms of Service will become effective immediately after you have had opportunity to take note of the changed terms Terms of Service. If you do not agree with the changed Terms of Service, you have the right to terminate the (changed) Terms of Use and discontinue the use of the Service.
3. Your use of the Service is conditioned upon your compliance with the Terms of Service and any use of the Service in violation with the Terms of Service will be regarded as an infringement of the Terms of Service.
4. If you are under the age of 18, you understand and agree that your legal guardian has reviewed and agrees to the terms of service on your behalf before your use of the service.
5. When you register to become a user of the Service, you may be requested to create a password, a nickname and/or user ID or register your e-mail address as your username. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You will also be solely responsible for the maintenance of the device used for the registration.
VIRTUAL GOODS AND PAYMENTS
1. The Service may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Service or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Service or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace.
2. You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods prior to making any transaction, including but not limited to purchase and refund procedures.
3. You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Currency within the Service that you have purchased or otherwise obtained in a method authorized by the Company. The Company may control, manage, regulate, modify, or eliminate Virtual Currency and/or Virtual Goods, without notice or, in case of an apparent and substantial interest thereto on your part, with notice. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Service.
4. You may not transfer, sell, or sell Virtual Currency and Virtual Goods to any third party except where expressly authorized by the Company. Any such transfer or attempt to transfer is prohibited and void and may subject your account to termination.
5. You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where the Company, Provider, or the applicable Third-Party Marketplace decides to provide a refund. In addition, if your account or any portion of the Service is discontinued or terminated, you will forfeit all Virtual Currency and Virtual Goods.
INTELLECTUAL PROPERTY
1. All contents available through the Service, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties (“Company Content”) are the proprietary contents and are properties of, and are solely owned by, the Company and/or its licensors. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights. Except where expressly authorized by the Company, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell the Company Content or any portion thereof. Any unauthorized use of the Company Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise. The obligation set forth in this section 3.1 shall survive any termination or expiration of your account or your use of the Service.
2. The names and marks “Nimble Neuron” and “Kakao Games Europe”, any of the Service and the Company’s game, and any other logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Service are registered or unregistered trademarks, service marks or trade dress of the Company (the “Marks”). You may not use the Marks other than in connection with any incidental personal use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you. The obligation set forth in this section 3.2 shall survive any termination or expiration of your account or your use of the Service.
USER-GENERATED CONTENT
1. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, “User Content”) that you post to, or transmit through, the Service or that you share with other users. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or that you do not have rights or permission to post. The Company may review, but is not obligated to review, User Content posted to, transmitted through, or shared with other users of, the Service to verify that such User Content and actions related thereto complies with these Terms of Service. The Company may, in its sole discretion and without notice to you, modify, remove, delete, or disable access to, any User Content, including, without limitation, if the applicable User Content or actions related thereto do not comply with these Terms of Service.
2. The Company is not liable for any loss you incur as a result of the removal, deletion, or disabling of access to, any of your User Content in the Service by the Company. The Company may, but is not obligated to, monitor User Content, including without limitation any messages sent by or between users by or through the Service If the Company chooses to monitor User Content or to remove, delete, or disable access to, any User Content, such acts will not result in the Company assuming any responsibility for the User Content or the user associated with such User Content and the act of monitoring the Service or any User Conduct will not obligate the Company to modify, remove, delete, or disable access to, any User Content that does not comply with these Terms of Service. The obligation set forth in this section 4.2 shall survive any termination or expiration of your account or your use of the Service.
3. Subject to the following license between you and the Company, you retain ownership of all of your rights in the User Content. By posting User Content to, storing User Content at, or transmitting User Content through, the Service, you (a) authorize and direct the Company to reproduce, distribute, transmit and use such User Content as necessary to facilitate the posting, storage and transmission of, and the access to, such User Content in connection with the Service, and (b) grant to the Company a nonexclusive, worldwide, perpetual, royalty-free, fully paid, transferable license (with the right to sublicense) to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content, for any purpose (commercial or non-commercial), including without limitation use in connection with the Service. You may remove any User Content from the Service , in which case the foregoing license will terminate with regard to its future usage upon our receipt of your notice or our acknowledgement of such removal; provided that the Company may retain archived copies of your User Content for so long as is necessary for administrative purposes and permitted under applicable laws, and if the Company has used your User Content prior to your removal of it, the Company may continue to use your User Content in any manner the Company previously had used such content. (For example, if your User Content was included in an advertisement, the Company may continue to use such advertisement). The obligation set forth in this section 4.3 shall survive any termination or expiration of your account or your use of the Service.
4. The Company has no liability to you for the User Content, and makes no warranties, express or implied, as to or the accuracy, reliability or content of the User Content posted on or through the Service and such User Content does not necessarily reflect the opinions, positions, or policies of the Company. Although the Company provides rules and principles for user conduct and postings, the Company does not control, and has no liability to you for, what users post, transmit or share to or through the Service and the Company has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access on or through the Service, including in connection with any User Content. The obligation set forth in this section 4.4 shall survive any termination or expiration of your account or your use of the Service.
PROHIBITED CONDUCT
1. You may use the Service solely for your personal, non-commercial use. You represent, warrant, and agree that you will not use the Service in an unlawful, threatening, or harassing manner, or take any action that is offensive, libellous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that the Company intends to govern the use of Service and the Company reserves the right to remove, reject, deny, prohibit, or refuse to post or transmit, any such content or messages by you. Without limiting the foregoing, the actions set forth below are expressly prohibited and may result in suspension or termination of your account.
Acts of Slander, Libel and Threat and Offensive Content

Creating a nickname and/or user ID, posting or transmitting a message or any content or file to or through the Service, or otherwise using the Service to engage in any action, that:

Is slanderous, libellous, defamatory, disparaging, harmful, vulgar, abusive, unlawful, harassing, fraudulent, invasive, or insulting;

Is threatening or intimidating; contains or promotes excessive violence or offensive subject matter;

Evidences bigotry or evidences bias, discrimination or hate on the basis of, or advocates physical violence against any person or group on the basis of, race, sex, sexual orientation, religion, age or other traits, or that is otherwise offensive or objectionable; or

Is made with an intent to defraud or mislead the Company or other users or that you know is false or misleading;

Stalking any other user of the Service or otherwise using the Service to threaten or stalk any individual or group; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Actions for the Purpose of Offline Interaction

Utilizing the Service for the purpose of dating or engaging in sexual conduct or encouraging others to do the same;

Posting or transmitting a message or any content or file to or through the Service for the purpose of meeting another user, such as suggesting an offline meeting, or for the purpose of encouraging another user to engage in such actions;

Utilizing the Service to provide another user with personal information not included in your profile (including telephone number, physical address, email address, etc.) or to request such information from another user; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Posting or Transmission of Adult Content

Utilizing the Service to submit, send, or transmit a message, file or any other content that includes lewd, obscene, pornographic, or sexual content or subject matter; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Transmission of Advertising and Spam and Engaging in Similar Acts

Utilizing the Service to direct, redirect, or drive traffic to an unrelated website or service for commercial gain or to fraudulently induce another user to access, visit or view another website or service or to cause another user to unintentionally do so;

Collecting or harvesting email addresses, mobile phone numbers, user identifications or other communications targets by automated or other means for the purposes of sending unsolicited emails or other unsolicited communications; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

The sending of spam through the Service will not be tolerated and the Company will take such action against spammers, including taking legal proceedings and reporting to the relevant authorities, as it may be advised.

Actions that Infringe on Third Party Rights

Otherwise utilizing the Service in any manner that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity (including the Company);

Posting or disclosing other users’ or other individuals’ photographs, personal information or other private information or data (including Social Security numbers, credit card numbers, phone numbers, physical or email addresses) or otherwise utilizing the Service in a manner that violates the privacy of another person or entity;

Soliciting passwords of other users, or soliciting personally identifiable information for any purpose, whether commercial or non-commercial, or lawful or unlawful; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Falsifying User Information and Other Actions Related to User Accounts

Logging in on another user’s account or using another user’s name, nickname, avatar, or other identifier to send messages, post content or take other actions that utilize the Service;

Providing any false information in the registration form to become a Registered User or otherwise providing false information in your user profile or through the Service, including, without limitation, misrepresenting your age;

Registering for more than one account as a Registered User or registering on behalf of another person, entity or group;

Selling, trading, or transferring your Registered User account or purchasing or receiving the Registered User account of another user; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Interrupting Games and Falsifying Game Scores

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Exploiting the Service

Intentionally exploiting any bugs, weaknesses or vulnerabilities in the Service or taking any action that could disable, damage, impair, injure or overburden the Service;

Using automated scripts, spiders or other technological methods to collect information from the Service or to otherwise engage the Service;

Reverse engineering or analyzing the software or services that are provided through the Service or otherwise using the software code other than as permitted herein;

Posting, introducing, or transmitting to or thorough the Service viruses, disabling code, Trojan horses, malware, spyware, adware, malicious code or other code, files or programs designed or intended to interrupt, interfere with, limit, compromise or destroy any computer or device software, hardware or telecommunications equipment, infrastructure, or networks; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Commercial Uses and Solicitation

Conducting sales, exchanges, swaps, auctions or other transfer of products or services through the Service;

Using the Service for gambling purposes;

Posting or transmitting a message or any content or file to or through the Service that includes links or URLs that are not approved by the Company;

Soliciting other users to join organizations, associations, religious groups or other affinity or identity groups other than groups established pursuant to the Service and approved by the Company, or soliciting other users to join, invest in, or collaborate with, pyramid investment schemes, multilevel marketing enterprises, or similar groups or enterprises;

Posting or transmitting a message or any content or file to or through the Service for the purpose of commercial advertisement or publicity (including, without limitation, recruitment advertisements); or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

Additional Prohibited Acts

Taking an action or encouraging any action that disturbs the operation of the Service; Taking any action or utilizing the Service in such a manner that may expose the Company or its users to legal liability or harm of any type; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above. The foregoing provides examples of the types of actions and content that are prohibited in connection with your use of the Service, but the Company reserves the right to prohibit similar actions and content and to investigate and take legal action against violators as appropriate. If you believe any of the foregoing prohibited actions are taking place, please notify the Company promptly by following the process described on our support page at: https://playeternalreturn.com/help?hl=en-US.

TERM AND TERMINATION
1. Without prejudice to any other rights of the Company, these Terms of Service shall remain in effect for as long as you use or run the Service. If you fail to comply with any term hereof, the Company reserves the right to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof, subject to a notice period that is reasonable under the circumstances or with immediate effect on serious grounds (zwaarwichtige gronden). Further, the Company expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the Company reasonably determines or believes that you have materially violated these Terms of Service or that you pose a threat to the Service, the Company and/or any other user. The obligation set forth in this section 6.1 shall survive any termination or expiration of your account or your use of the Service.
2. The Company reserves the right to terminate the agreement for the Service between you and the Company by giving you written notice of termination with a notice period of at least thirty calendar days. You have the right to terminate the agreement for the Service between you and the Company at any moment in time without prior written notice.
3. The Company also has the right to terminate the agreement for the Service between you and the Company in case:

you breach one or more of your material obligations under these Terms of Use, and/or of the applicable terms of Virtual Currency and Virtual Goods and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by the Company;
you breach one or more of your material obligations under relevant applicable laws and regulations and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by the Company; and
the Company decides to stop providing the Service to all users, provided that the Company gives prior written notice of the discontinuation of the Service to you at least 3 calendar months before the date of termination of Service.

You may close your account and terminate the agreement for the Service between you and the Company without cause by uninstalling and/or stop using the Service. Please note that you may lose: (i) your original game nickname and/or ID (“Original ID”), (ii) your in-game progress, such as in-game levels and items, and (iii) any Virtual Goods and/or Virtual Goods (as defined under Sections 2.1, 2.2, 2.3, 2.4 and 2.5 of these Terms of Service) that you (a) earned via the Service and/or (b) purchased from the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace accessible from that account at the time of the termination. The obligation set forth in this section 6.4 shall survive any termination or expiration of your account or your use of the Service.
Please note that the Company may remove your Original ID if you do not continuously use the Service, such as logging-in to your game account or playing the game for a certain period of time. If this occurs, the Company will provide a notice that details how and when (a deadline or a final date) you must use the Service to avoid removal of your Original ID. You may be prohibited from using your Original ID If you still do not use the Service prior to such deadline as set forth in the notice. Instead, the Company may provide you with following options once you use the Service again: (i) a new in-game nickname and/or ID, or (ii) a chance to create a new in-game nickname and/or ID. The obligation set forth in this section 6.5 shall survive any termination or expiration of your account or your use of the Service

CHANGE TO SERVICE
1. The Company reserves the right to change, discontinue, or terminate the Service or any and all content, applications, and other items used or contained in the Service from time to time.
2. If the Service or any and all content, applications, and other items used or contained in the Service is changed, discontinued, or terminated, you will receive notification of such change, discontinuation or termination. If you do not agree thereto, you have the right to terminate the Terms of Use and discontinue the use of the Service.
USING THE SERVICE
1. By installing or using the Service, you agree that you have read, understand, and agree to the terms of these Terms of Service, End User License Agreement, Privacy Policy and any other rules that are applicable to the Service. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, END USER LICENSE AGREEMENT, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE SERVICE, PLEASE DO NOT INSTALL OR USE THE SERVICE.
THIRD PARTY INTELLECTUAL PROPERTY
1. The Company respects others’ intellectual property rights and holds its users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights. The Company reserves the right to remove or disable access to any infringing material and to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act of the United States and other applicable law. In addition, the Company reserves the right to terminate, limit or suspend the accounts of users who are infringe any third-party rights, irrespective of whether such users are repeat infringers for purposes of applicable law.
LIMITATION OF LIABILITY
1. The aggregate liability of the Company for all damages for any cause arising under the agreement for the Service between the Company and you shall not exceed the total of the fees invoiced by the Company and paid by you for the Service during the last six (6) calendar months prior to the day on which you notified the damage(s) to the Company.
2. The Company is not liable if and to the extent damage is caused by the fact that you and/or other users have not complied with applicable laws and regulations and/or the Terms of Use.
3. These limitations and exclusions of liability shall not apply in the event of: (i) death or personal injury, and (ii) gross negligence or wilful misconduct by the Company.
FORCE MAJEURE
1. The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond the Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, epidemics, pandemics or materials.
GOVERNING LAW
1. Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
2. You agree that any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with these Terms of Service shall be brought in the courts located in the Republic of Korea, which shall have the exclusive jurisdiction and venue. Nevertheless, if the Company invokes this article and brings a suit, action or proceedings before the court located in the Republic of Korea, you have the right during one month to bring the dispute before the courts that have jurisdiction according to applicable laws.
3. This section 12 (Governing law) shall survive any termination or expiration of your account or your use of the Service.

If you have any questions regarding these Terms of Service, please contact the Company customer support at: https://playeternalreturn.com/help?hl=en-US.

Effective Date: February 3, 2022

Annex 1

Service area of Kakao Games Europe B.V.

Europe

ALAND ISLANDS, ALBANIA, ANDORRA, AUSTRIA, BELGIUM, BONAIRE, SAINT EUSTATIUS AND SABA, BOSNIA AND HERZEGOVINA, BULGARIA, CROATIA, CURACAO, CZECH REPUBLIC, DENMARK, FAROE ISLANDS, FINLAND, FRANCE, GERMANY, GIBRALTAR, GREECE, GUERNSEY, HOLY SEE, HUNGARY, ICELAND, IRELAND, ISLE OF MAN, ITALY, JERSEY, KOSOVO, LIECHTENSTEIN, LUXEMBOURG, MACEDONIA, MALTA, MONACO, MONTENEGRO, NETHERLANDS, NORWAY, POLAND, PORTUGAL, ROMANIA, SAN MARINO, SERBIA, SINT MAARTEN, SLOVAKIA, SLOVENIA, SPAIN, SVALBARD & JAN MAYEN ISLANDS, SWEDEN, SWITZERLAND, UNITED KINGDOM, ANGUILLA, ARUBA, BERMUDA, BOUVET ISLAND, BRITISH INDIAN OCEAN TERRITORY, CAYMAN ISLANDS, CYPRUS, FALKLAND ISLANDS (MALVINAS), FRENCH GUIANA, FRENCH POLYNESIA, FRENCH SOUTHERN TERRITORIES, GREENLAND, GUADELOUPE, MAYOTTE, MARTINIQUE, MONTSERRAT, NETHERLANDS ANTILLES, NEW CALEDONIA, SAINT BARTHELEMY, SAINT HELENA, SAINT MARTIN, SAINT PIERRE AND MIQUELON, SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS, TURKS AND CAICOS ISLANDS, BRITISH VIRGIN ISLANDS, WALLIS AND FUTUNA ISLANDS, ESTONIA, LATVIA, LITHUANIA

North America

CANADA, MEXICO, UNITED STATES, AMERICAN SAMOA, GUAM, MARSHALL ISLANDS, FEDERATED STATES OF MICRONESIA, NORTHERN MARIANA ISLANDS, PALAU, PUERTO RICO, VIRGIN ISLANDS

Oceania

AUSTRALIA, COOK ISLANDS, FIJI, KIRIBATI, NAURU, NEW ZEALAND, NIUE, NORFOLK ISLAND, PAPUA NEW GUINEA, PITCAIRN, SAMOA, SOLOMON ISLANDS, TOKELAU, TONGA, TUVALU, VANUATU

NIMBLE NEURON TERMS OF SERVICE (20220203)

NIMBLE NEURON TERMS OF SERVICE (Microsoft Platform Service Only) (20220203)

Nimble Neuron with KakaoGames Europe – Terms of Service (20220203)

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