TOWER OF GOD Great Journey TERMS OF SERVICE

TERMS OF SERVICE

1. Introduction

The terms of this agreement ("Terms of Service") govern the relationship between you and NGELGAMES Co.,Ltd., a South Korean company having its registered office at NGELGAMES, 1 on Alphacity 1-ro 35-gil, Suseong-gu, Daegu, Republic of Korea, (hereinafter "NGELGAMES" or "Us" or "We") regarding your use of NGELGAMES's games, websites and related services (the "Service"). Use of the Service is also governed by NGELGAMES' Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any NGELGAMES website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account", “Game Account” or “Linked Account”). "
By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are under the age of 13 or less, you represent that your legal guardian has reviewed and agreed to these Terms. Please be aware that our privacy policy limits us from providing certain types of Games or certain features of Games to children under the age of 13 or less unless we obtain consent from parents or legal guardians of the children. If you access the Service by linked account with Google or Apple, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

NGELGAMES reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy, and other relevant NGELGAMES policies at any time by posting the amended terms on the NGELGAMES Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, NGELGAMES Privacy Policy, or any other NGELGAMES policy, rules, or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

NGELGAMES reserves the right to amend, at our discretion, any portion of the Policy or this Agreement at any time by posting or displaying the amended Policy or the Agreement within and/or on the Games, or any of the Websites. Except as otherwise stated, any such amendments will be automatically effective 30 calendar days after they are initially posted or displayed.
ARBITRATION NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DESCRIBED IN SECTION 14, AND YOU AGREE TO ABIDE BY THEM TO RESOLVE ANY DISPUTE WITH US.

2. Parties

2.1 Legally Binding Agreement
THESE TERMS CREATE A LEGALLY BINDING AGREEMENT between you ("User" or "you") and NGELGAMES in relation to the Services. If you do not agree to our terms and policies, you should not access or use our Services.

2.2 User Eligibility
Natural persons as opposed to any kind of legal entity shall have the right to create an account. By accessing, using, and/or submitting content or messages to or through our Services, you represent and agree that you have the legal capacity to agree to accept the Agreement in the jurisdiction where you reside. If you are legally incompetent, or a minor (i.e., under the age of 18), your use of our Services may be limited unless we obtain consent from your legal guardian or parent.

2.3 Parental Control Information
Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ NGELGAMES is not affiliated with GetNetWise. This is not intended as an endorsement of GetNetWise's site, services, or policies.

3. License

3. 1. Ownership of NGELGAMES
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content that is contributed and owned by Users) are owned by or licensed to NGELGAMES.

Entire contents and materials that are included in or appear in the NGELGAMES services are protected by laws from unauthorized use. NGELGAMES owns, has licensed, or has the right to use them otherwise as they are copyrighted under the United States copyright laws or similar laws of other jurisdictions. The protection applies to all kinds of intellectual property rights, such as designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, virtual items, virtual currencies, and their selection and arrangement."
You must not modify, copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. All rights not expressly granted by the Agreement are reserved by NGELGAMES.
All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from NGELGAMES. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. NGELGAMES and/or its licensors remain the owners of right, title, and interest, including, but not limited to, copyrights and other intellectual property rights, in and to all content and materials posted on NGELGAMES Service by NGELGAMES.
By using NGELGAMES Service, or by accessing any materials posted on NGELGAMES Service by NGELGAMES, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OF ACCOUNTS FROM NGELGAMES SERVICES, AND FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE ACCOUNTS ARE BELONGS TO NGELGAMES. IT IS PROHIBITED TO SELL OR LEND THE ACCOUNTS TO OTHERS.

3. 2. Limited License
NGELGAMES grants you a non-exclusive, non-transferable, revocable limited license to access and use our Services for your own personal and non-commercial use subject to your agreement and complete compliance with the Agreement. You agree not to use our Services for anything else.

3.3 Change or Revocation of Limited License
NGELGAMES reserves the right to revoke the limited license granted to you herein at our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods
You acknowledge that virtual items and virtual currencies are provided solely for your entertainment use, and you have a limited license to use them under NGELGAMES Policy, not the ownership interest in them.

YOU UNDERSTAND AND AGREE THAT NGELGAMES IS NOT REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION TO USERS IN CONNECTION WITH SUCH DISCONTINUED ELEMENTS OF THE SERVICES.

4. Account

4. 1. Guest Account
If you use NGELGAMES Service without the link with Google or Apple, we will create and assign to your device an identifier that is similar to an account number (“Guest Account”). We will use the Guest Account information for providing customer support to any users who have not created a Game Account with their Google or Apple Account.
In the case you do not link one of them, some basic functions in NGELGAMES Services may not be provided to use normally.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITH A GUEST ACCOUNT.

4. 2. Linked Account
We encourage you to link your game account to Google or Apple because of such reasons below.
(a) It enables you to maintain your Game Account information even when you change your mobile device
(b) enables you to log in when you use NGELGAMES Service without creating a further account.
(c) When creating a Game Account, you may be required to provide NGELGAMES with certain personal information. This information will be held and used by our Privacy Policy.

4.3. Responsibility of Account User
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER OR NOT AUTHORIZED BY YOU.
You must not use anyone else's account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. NGELGAMES will not be responsible to you for any losses resulting from unauthorized access or use of your account, whether fraudulently or otherwise.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent, therefore. However, we may transfer or assign all or a part of our rights or responsibilities under the Agreement to someone else without obtaining your consent and without any restriction.

4. 4. Deactivating Your Game Account
You may freely delete your Game Account at any time by logging into the Game and clicking the “Delete Account” button. You may also request us to delete your Game Account by contacting our customer support team. We will use commercially reasonable efforts to respond to your request.
You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the Agreement, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).

4.5 Inactive Account Termination
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such an event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you merchandise such Virtual Money or Virtual Goods deleted.

5. Virtual Items and Virtual Currencies

5.1 Purchases
NGELGAMES Services may include fictional currencies such as coins, gold coins, and points ("Virtual Money" or "Virtual Currency") and virtual items or services for use with our Services ("Virtual Goods" or "Virtual Items). You can buy Virtual Money or Virtual Goods from us for real money and/or other credits if you are a legal adult in your country of residence. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third-party store used by us, and not from any third party.
We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without any charge in our sole discretion. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
YOU ACKNOWLEDGE THAT NGELGAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER OR NOT AUTHORIZED BY YOU.

5.2. Ownership of Virtual Items and Virtual Currencies
"You do not own Virtual Goods or Virtual Money but instead, you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services. Any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title, or ownership with respect to Virtual Money or Virtual Goods.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS, OR SERVICES FROM US OR ANYONE ELSE."
We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.

5.3 Trades of Virtual Items and Virtual Currencies
NGELGAMES prohibits and does not recognize any transfers of virtual items or virtual currency effectuated outside of NGELGAMES Service, or the sale, gift, or trade in the “real world” of anything that appears or originates in NGELGAMES Service unless expressly authorized by NGELGAMES. Any such transfer or transfer attempt is prohibited and may subject your account to termination.

6. User Content

6.1 Definition
"User Content" means any communications, images, sounds, all the material, data, and information that may be sent, uploaded, communicated, transmitted, or otherwise made available via NGELGAMES services, including through third-party platforms, by you or another user. Such Content may be redistributed by us or others through the Services or third-party platforms. You understand and agree that all Content that you may post or transmit when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. For the avoidance of doubt, you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

6. 2. License to Use User Content
You hereby grant NGELGAMES a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through NGELGAMES Service, including, without limitation, the right to sublicense and assign to third parties, and the right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving written notice to us at any time. In such a case, NGELGAMES will cease any use of the User Content within 3 months after receiving such notice from you.

6. 3. Content Screening
You acknowledge and agree that NGELGAMES may reject, refuse to post, delete, or edit any user content if we decide in our sole discretion that it results in or from a breach of any part of the Agreement, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our Services and we make no undertaking to do so. You are solely responsible for your interactions with other users of our Services.

7. User Conduct

7. 1. Your Representations and Warranties
You must comply with the laws that apply to you in the location from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing, using, and/or playing our Services.
By transmitting, submitting, or posting any User Content while using NGELGAMES Service, you affirm, represent, and warrant that such transmission or submission is
(a) accurate and not confidential;
(b) not in violation of any applicable laws, contractual restrictions, or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and
(c) free of viruses, adware, spyware, worms, or other malicious code.
You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via NGELGAMES Service. NGELGAMES assumes no responsibility for illegal content or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under NGELGAMES Policy.
You further acknowledge and agree that any of your personal information within such content will at all times be processed by NGELGAMES in accordance with its Privacy Policy.

8. Restrictions

8.1. User Content Restrictions
You agree not to upload, communicate, transmit or otherwise make available any content:
(a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene, or otherwise objectionable;
(b) that is or could reasonably be viewed as invasive of another's privacy;
(c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
(d) which you do not have a right to make available lawfully (such as inside information, information that belongs to someone else, or confidential information);
(e) which infringes any intellectual property rights or other proprietary rights of others;
(f) which consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
(g) which contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.

8.2. Malicious Conduct or Attempt
You agree that you will not:
(a) use our Services to harm anyone or to cause offense to or harass any person;
(b) use another person or entity's email address in order to sign up to use our Services;
(c) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Services);
(d) disguise, anonymize, or hide your IP address or the source of any Content that you may upload;
(e) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; (f) remove or amend any proprietary notices or other ownership information from our Services;
(g) interfere with or disrupt our Services or servers or networks that provide our Services;
(h) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us;
(i) harvest, scrape, or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
(j) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods;
(k) disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our services, or engaging in real-time exchanges;
(l) disobey any requirements or regulations of networks connected to our Services;
(m) use our Services in violation of any applicable law or regulation;
(n) use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
(o) use our Services in any other way not permitted by the Agreement.

9. Intellectual property

9.1. Copyright
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content that is contributed and owned by Users) are owned by or licensed to us.
Also, all pages within the Websites and any material made available through NGELGAMES services are the property of NGELGAMES and/or its affiliates. The Websites and the Services are protected by federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. Also, you must not make available any cheats or technological measures designed to control access to any Virtual Goods or Virtual Currencies, whether on a free-of-charge basis or otherwise.

All rights not expressly granted by the Agreement are reserved by NGELGAMES.

9.2 Trademarks and Logos
The trademarks, trade names, trade dress, logos, and service marks of NGELGAMES displayed in the Services or any third-party platform are the registered and/or unregistered trademarks of NGELGAMES. All other trademarks, service marks, and logos displayed in NGELGAEMS Services belong to their respective owners.

9.3 Transfer of Entitlement
By submitting your Content via our Services you:
(a) are representing that you are fully entitled to do so;
(b) grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
(c) acknowledge that you may have what are known as "moral rights" in the Content (for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and
(d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

9.4 Infringement Notification
The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe in good faith that any materials in NGELGAMES Games or NGELGAMES branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to NGELGAMES’ designated agent set forth below. For your notice to be effective, it must include the following information:
(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) Your physical or electronic signature.
The contact information of NGELGAMES’ designated agent is as follows:
NGELGAMES Corporation.
Attn: Legal Affair Department Agent
NGELGAMES, 1, on Alphacity 1-ro 35-gil, Suseong-gu, Daegu, Republic of Korea
Email: togsupport_en@ngelgames.freshdesk.com

Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.

9.5 Counter-Notification
If your User Content or other information has been taken down by the above-infringement notification, you may send NGELGAMES’ designated agent a counter-notification that contains the following information:
(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(c) Your name, address, and email address; and
(d) Your physical or electronic signature.
Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.

10. Suspension & Termination

NGELGAMES MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF NGELGAMES SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF NGELGAMES POLICY.

NGELGAMES reserves the right to stop providing or supporting any part of NGELGAMES Service or a particular game at any time either permanently or temporarily, at which point your license to use NGELGAMES Service or a part thereof will be automatically terminated or suspended. In such an event, NGELGAMES is not required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of NGELGAMES Service.
If we believe that you are in material breach of the Agreement (including by repeated minor breaches), we may terminate and delete your account without warning. We may also terminate or suspend your account for any other reason that we in our sole discretion determine appropriate.
For the purposes herein, any breach of Section 8 shall be deemed to constitute material breaches of the Agreement subject to immediate termination of your account and access to our Services. You agree to compensate us for all losses, harm, claims, and expenses that may arise from any of your breaches of the Agreement

11. Notification

We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game.
Also, we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want to receive our e-mail notification, please contact us.
We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations

12. User interactions

12. 1. Member Disputes
You are solely responsible for your interactions with other users of NGELGAMES Service. We may, at our sole discretion, attempt to mediate disputes between users but are not obliged to become involved in any way with such disputes.
12. 2. Release
If you have a dispute with any users of NGELGAMES Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.

13. Disclaimer and Release
13.1 Disclaimer of Warranties
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED "AS IS" AND WITH NO WARRANTY REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AND OUR SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUR OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES AND/OR ANY WEBSITES.

Although we attempt to ensure the integrity and accurateness of the Services, we make no guarantees whatsoever as to the correctness or accuracy of the Services, or that your use of the Services will be uninterrupted, error-free, or secure, or that errors or defects will be corrected, or that the Services, the server(s) on which the Services are hosted, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action

13. 2. Disclaimers of Liability
TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY, RELATED TO THE USE OF, OR INABILITY TO USE THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT(INCLUDING NEGLIGENCE), AND THAT NGELGAMES PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NGELGAMES PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NGELGAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL NGELGAMES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NGELGAMES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

13. 3. Indemnification
You agree to indemnify and hold harmless NGELGAMES Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of NGELGAMES Service, (b) any violation by you of NGELGAMES Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.
NGELGAMES may assume the defense of any matter for which you are required to indemnify NGELGAMES by sending notice of such an intention to you. You shall use best efforts to cooperate with NGELGAMES’ defense of these claims.

13.4 Statute of Limitation
Any claim or cause of action arising out of or related to the use of the Services, including any Services or information available through third-party platforms, or the Agreement must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.

13.5 Indemnity
Notwithstanding Section 12-2, nothing in the Agreement limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.

14. Third-party Advertisement

NGELGAMES may feature advertisements from third parties or provide links on NGELGAMES Service to third-party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of NGELGAMES Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. NGELGAMES makes no representation or warranty regarding any content, goods, and/or services provided by any third party, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of NGELGAMES and may collect data or solicit personal information from you. NGELGAMES is not responsible for its content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

15. General provision

15.1 Severability
If any part of the Agreement is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Agreement shall remain valid and enforceable.

15.2. Waivers of Our Rights
Our failure or delay to exercise or enforce any of our rights under the Agreement does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.

15.3 Jurisdiction and Governing Law
If you are a resident in the United States, any disputes or claims arising out of or in connection with this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law principles. Any dispute or claim arising from or in connection with this Agreement and not subject to the arbitration agreement under Section 24 shall be irrevocably submitted to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California.
If you reside in any other country, any disputes or claims arising out of or in connection with this Agreement, will be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Republic of Korea.

15. 4. Dispute Resolution
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within thirty (30) calendar days after the first contact occurs, either party may refer such a dispute in Seoul administered by the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator. All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, NGELGAMES will be entitled to recover attorney fees and costs up to $1,000, provided that NGELGAMES has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
YOU AGREE THAT ANY AND ALL ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLASS ACTION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION TRIED OR CHALLENGED BY A JURY. The arbitrator shall not consolidate your claim with the claims of others, and shall not preside over any form of a representative or class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

15. 5. Entire Agreement
The Agreement set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to the Agreement has no right to rely upon or enforce any part of the Agreement.

15. 6. Waivers of Our Rights
The failure of NGELGAMES to require or enforce strict performance by you of any provision of NGELGAMES Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of NGELGAMES’ right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by NGELGAMES on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
Any waiver of such rights shall only be effective if it is in writing and signed by us.

15. 7. Force Majeure
NGELGAMES will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of NGELGAMES, including, without limitation, any failure to perform under NGELGAMES Policy due to unforeseen cause beyond NGELGAMES’ control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials

15. 8. Severability
You agree that if any portion of these Terms of Service or NGELGAMES Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

16. Dispute Resolution and Binding Arbitration for U.S. Residents.

Notwithstanding the foregoing section 15, if you are a resident of the USA, you and NGELGAMES agree to resolve all disputes and claims through binding arbitration pursuant to this Section. Unless you and we otherwise agree, the arbitration will take place in the county where you reside.

16.1 BINDING INDIVIDUAL ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION. All disputes, claims or controversies arising out of or relating to the Agreement, or the relationship between you and us (“Dispute”) shall be determined exclusively by binding arbitration. However, the Dispute do not include any claim regarding the infringement, protection or validity of intellectual property rights or a claim brought in small claims court.
YOU AGREE THAT ANY AND ALL ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLASS ACTION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION TRIED OR CHALLENGED BY A JURY. The arbitrator shall not consolidate your claim with the claims of others, and shall not preside over any form of a representative or class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

16.2 Certified Notice
Both parties may elect to have the Dispute finally and exclusively resolved by binding arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to NGELGAEMS should be addressed to: NGELGAMES, 1 on Alphacity 1-ro 35-gil, Suseong-gu, Daegu, Republic of Korea. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the remedies sought by the claimant. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.

16.3 American Arbitration Association Rules
A party’s choice to arbitrate by one party shall be final and binding on the other. The Federal Arbitration Act shall apply to the interpretation and enforcement of this Section 16 notwithstanding any other choice of law provision contained in this Agreement. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules are available at www.adr.org/consumer. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $25,000 will be conducted solely on the basis of documents you and we submit to the arbitrator. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

16.4 Reimbursement
If the arbitrator rules in your favor on the merits of any claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made before our final written submissions to the arbitrator, then we will reimburse the arbitration fees that you paid to the AAA.

17. Modification

You can see the Agreement at any time by using a link found in our Websites, Games, or Applications, where you can also see a link to our Privacy Policy. You agree to check the Agreement from time to time and when you access or use our Services. You will be deemed to have accepted such changes by continuing to use the Services. Except as otherwise stated, such changes will be automatically effective 30 calendar days after they are initially posted or displayed. If you do not wish to be governed by any updated version of the Terms, your only remedy is to stop using our Services.

18. Survival

The provisions of Sections, and all representations by you hereunder, will survive any termination of the Agreement.

Updated Date: September 13th, 2022