TERMS AND CONDITIONS OF SALE
KREDS AND OTHER VIRTUAL ITEMS
• The license may be terminated immediately if your Account is terminated for any reason, in Kongregate's sole and absolute discretion, or if Kongregate discontinues providing the services, game or any other feature related to the Virtual Item on the Site.
• Virtual Items have no monetary value, are non-refundable and cannot be used to purchase or use products or services other than use in connection with in-game play offered on the Site, as determined by Kongregate in its discretion.
• You may not distribute or otherwise transfer any Virtual Item to any third party, provided that you may distribute a Kred to a premium game developer as a tip to the premium game developer, as authorized by Kongregate on the Site. You may not distribute Kreds to yourself or to members of your immediate family, even if they are a game developer. Any attempt to distribute, sell or otherwise transfer any Virtual Item except as expressly authorized under these Terms will result in an automatic termination of such license. Further, as the Virtual Items are merely licensed game play activities, they are deemed consumed upon purchase event.
• Except as expressly stated in these Terms, you have no property, proprietary or ownership interest in, or other right or license to, the Site or any Virtual Item, all of which remain the exclusive property of Kongregate or its licensors.
• The Virtual Items are protected in the U.S. and internationally under trademark, copyright and/or other rights protected by intellectual property laws. Your use of any Virtual Item outside the scope of the license grant and these license conditions constitutes infringement of such intellectual property rights.
• You must have a valid credit card or other valid payment method accepted by the Billing Company (collectively, "Payment Method") and have reached the age of majority in the state in which you reside in order to purchase Virtual Items and to establish a payment account, which may not be transferred to or used by any third party. You represent and warrant to Kongregate that (a) you are authorized to use the billing Payment Method for the Virtual Items (including, without limitation, all accounts, credit cards, direct bank transfers, checks and other payment mechanisms associated therewith) for the purposes of purchasing Virtual Items as described herein; (b) the Payment Method is valid; (c) all information and data you submit in connection with the purchase of a Virtual Item and any Payment Method is complete, true, accurate and up-to-date; (d) Kongregate and the Billing Company are authorized to and may charge such Payment Method; (e) you have reached the age of majority in the state in which you reside; and (f) you are able to form a legally binding contract under applicable law. If payment cannot be charged to your Payment Method or your payment or charge is returned for any reason, including without limitation chargeback, Kongregate and the Billing Company reserve the right to either suspend or terminate your access to the payment account and/or your ability to purchase Virtual Items without notice.
• Kongregate is expressly relying on your representation that you have reached the age of majority; Kongregate would not enter into these Terms with you but for the representation that you have reached the age of majority in the state in which you reside.
PRICES; SALES TAX
Kongregate or the Billing Company will collect sales tax in the states where we are required by law to do so. Thus we may require you to tell us or the Billing Company your state of residency when ordering. Applicable sales tax will be included in your purchase price.
DISCLAIMER AND LIMITATIONS OF LIABILITY
These Terms will be governed by and construed in accordance with the internal laws of the State of California. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
You acknowledge and agree that a breach or threatened breach of any condition or covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy and that Kongregate shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this Section shall be construed as preventing Kongregate from pursuing any and all remedies available to it, including the recovery of monetary damages from you.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and Kongregate, and is accepted by you upon your purchase of a Virtual Item or use of the Site or your Account. These Terms constitute the entire agreement between you and Kongregate regarding purchase and use of Virtual Items.