NEXON AMERICA, INC.
Terms of Sale
Last Revision: 2 December 2015
Effective Date: 14 December 2015
For those customers who obtain NX or virtual items (including early access to games still in production, as may be offered from time to time) through Nexon.Net or a game serviced by Nexon. This policy does not apply to any item or virtual currency obtained through a third party distribution platform (e.g., Steam). Items or virtual currency obtained through a third party distribution platform are subject to the rules and requirements posted on that third party platform.
You should carefully read the following Terms of Sale (“Terms of Sale“). By obtaining NX or virtual items through Nexon’s service, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
- Terms of Sale Applicable to all Nexon online purchases
Any prices, quotations and descriptions made or referred to on our service do not constitute an offer and may be withdrawn or revised at any time prior to Nexon’s express acceptance of your order (as described below). Nexon reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Different payment methods, such as credit card, direct debit, PayPal, Karma Koin, etc. may be available to you when obtaining NX through Nexon’s service. When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, apply. It is your obligation to pay all Federal, State and local taxes associated with the receipt or use of the digital goods which you purchase from Nexon.
Depending on your country of residence, and the particular Nexon service that you use to make a purchase, you may be able to choose from several different currencies to purchase NX and virtual goods online from Nexon.
While using the Service, you may have the opportunity to visit online and in-game “stores” where you can obtain and use Nexon’s virtual currency, known as NX. NX has no "real world" value, but may be exchanged for in-game items and privileges. You acknowledge that the NX acquired through the Service is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
Certain minimums may apply to purchases of NX, and certain maximums may apply depending on your transaction method. For example, credit transactions may be limited to no more than $300 per day. Nexon reserves the right to change the maximum and minimum amounts applicable to NX purchases at any time.
1.5 Virtual Items
While using the Service, you may have the opportunity to directly purchase digital, game-related items (including early access to games still in production, as may be offered from time to time), or to exchange NX for those items. Anything obtained in our stores is not purchased by you, but rather is licensed to you under the terms of this Terms of Sale and the other applicable agreements. Virtual items have no "real world" value. You acknowledge that the virtual goods acquired through the Service are not your property and are not redeemable for any sum of money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED.
1.6 Sales Tax.
When and where required, Nexon or a third party payment processor acting on behalf of Nexon will collect sales tax on your behalf and remit payment to the applicable state government.
1.8 Expiration of NX
NX will expire if that account has not used NX in a year. For the purposes of this section only, “use” of NX means either purchasing an in-game item or other digital good using NX, or adding NX to the account at issue.
Expiration of NX will occur at the end of each calendar month. Therefore, for the purpose of calculating whether the account has not used NX in a year, the applicable time period shall be the month in which the last use occurred until the end of the same calendar month in the next year. For example, if a user last used on August 20, then the applicable inactivity period shall be August 20 of the current year until August 31 of the following year. If no use of NX is made during that time period, the NX in the account will expire.
Prior to expiring NX in any account, the end user who controls the account shall be given notice via email (to the address used to register for the Nexon.net account) at least ten (10) days prior to the date of expiration. The notice shall inform the end user that the NX in the account will expire as of the expiration date if no use is made. The notice shall also inform the end user what constitutes a “use” that will reset the inactivity period. If an end user does not use NX in the account subject to expiration, then the NX in that account shall be permanently expired.
- REVISED TERMS
Nexon may, from time to time, change, modify or update these Terms of Sale, and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase. For easier reference, Nexon will change the “Last revised” date above.
- GOVERNING LAW
The Terms of Sale shall be governed by and construed in accordance with the law of the State of California, United States of America excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.
If you access the Service from New Zealand, and are a resident of New Zealand, the New Zealand Consumer Guarantees Act of 1993 ("NZ Act") may apply to the purchase of services supplied by Nexon to you. If the NZ Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the NZ Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this policy.
If you access the Service from Australia, and are a resident of Australia, the Australian Consumer ("ACL") may apply to the purchase of virtual goods and services supplied by Nexon to you. If the ACL applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the ACL which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this policy.