TERMS AND CONDITIONS OF SALE
THESE TERMS AND CONDITIONS OF SALE ("TERMS") GOVERN YOUR PURCHASES AND USE OF VIRTUAL ITEMS FROM KONGREGATE, INC., HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES (I.E., PURCHASES VIA SMS) OR OTHERWISE AND YOUR USE OF SUCH ITEMS. EVERY TIME YOU MAKE A PURCHASE ON OUR WEB SITE ("SITE") OR USE A VIRTUAL ITEM, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS.

TERMS OF USE; PRIVACY POLICY
The Site Terms of Use and Privacy Policy apply to your purchase and use of Virtual Items and are incorporated herein by reference. Capitalized terms not defined in these Terms will have the meaning set forth in the Terms of Use.

KREDS AND OTHER VIRTUAL ITEMS
Kongregate credits ("Kreds"), Kongregate Plus, and any other virtual items or services offered on the Site or through any Kongregate premium game (collectively, "Virtual Items") and either earned by you through game play or purchased by you are licensed, not sold, to you on the following terms and conditions. Effective upon your earning or purchase of a Virtual Item, subject to these Terms, Kongregate grants you a limited, non-exclusive, non-transferable, revocable license to publicly display on the Site and use the Virtual Item, and to distribute Kreds as a tip to premium game developers, as authorized by Kongregate on the Site and under these Terms, provided that you comply with the following license conditions.

• 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.

• Billing and payment methods and services are provided by one or more third party billing service providers (collectively, the "Billing Company") and not by Kongregate. By purchasing Virtual Items, you agree to be bound by the terms and conditions imposed by the Billing Company, including its privacy policy, in addition to these Terms. The Billing Company will be identified at the time of purchase. We reserve the right to change the Billing Company at any time.

• 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.

RETURN POLICY
All Virtual Item purchases are non-refundable and non-returnable except, in Kongregate's sole and absolute discretion or where required by law.

PRICES; SALES TAX
All prices we show on this Site are subject to change without notice. Prices stated at beginning of delivery apply. Applicable taxes or shipping and handling charges (which do not apply to virtual goods) are included in the product prices, but all such charges will be added to your invoice and will be visible at check out before you complete your purchase.

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
Kongregate makes no representations about the reliability of the Virtual Items, the Site, Content, User Content, or any other Site feature, and disclaims all liability in the event of any product or service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Kongregate makes no representations regarding the amount of time that any Virtual Item, Content or User Content will be preserved. THE SITE AND ALL VIRTUAL ITEMS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN OR ANY VIRTUAL ITEMS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KONGREGATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY VIRTUAL ITEM, NOR SHALL KONGREGATE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KONGREGATE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL KONGREGATE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS
Both you and Kongregate acknowledge and agree that no partnership is formed and neither of you nor Kongregate has the power or the authority to obligate or bind the other.

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.

INDEMNITY
You agree to indemnify and hold Kongregate, its licensors, and its and their parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Sale Term, including the Posting Rules, or any violations thereof by your dependents.

CONTACT US
For all issues relating to Kreds, tips or Virtual Item purchases or use, email kreds@kongregate.com.

Kongregate
450 Sansome Street, 12th Floor
San Francisco, CA 94111