SMART K TERMS OF SERVICE(Last Updated: June 19, 2018) ACCEPTANCE
5.1. Virtual Currency.Virtual Currency is an online redeemable point system that can be used to obtain certain products and services offered by SMART K through the SMART K Games. Virtual Currency (a) can be purchased online or in-game, (b) can be acquired by redeeming a Game Card, and (c) may be awarded to end users for free in connection with certain SMART K promotional offerings. Virtual Currency is sold in bundles and the price may vary depending on the amount you purchase and the location from which you purchase it. We may limit the amount of Virtual Currency that you can purchase or redeem over any given period of time. The purchase or redemption of Virtual Currency may be subject to sales tax in the United Sates. The purchase or redemption of Virtual Currency may be subject to VAT or GST in countries outside the United States. Where applicable, SMART K will collect the required sales tax, VAT, or GST, and will remit the required amounts to the applicable taxing authority. All sales and redemptions of Virtual Currency are final. Virtual Currency does not expire, however all Virtual Currency is forfeited if your account is terminated or suspended for any reason. We reserve the right to terminate your access to the Virtual Currency in your account if we determine, after investigation, that you have used the Virtual Currency in connection with any fraudulent or illegal activity. Virtual Currency is not legal tender and does not constitute a personal property right. Virtual Currency is nonrefundable, non-transferable, has no cash value, and may not be redeemed, sold, or otherwise transferred for any sum of money or monetary value at any time. SMART K may offer more than one type of Virtual Currency, for example, SMART K Cash for its PC games and Marketplace Cash for DC Universe Online on the PlayStation Network. Each type of Virtual Currency is separate and cannot be converted into another Virtual Currency or redeemed in a SMART K game and/or on a platform that does not use that Virtual Currency.
5.2. Game Cards.SMART K Game Cards may be purchased from various retailers. Game Cards can be redeemed for membership time and/or Virtual Currency as stated on the front of each card. The use of a Game Card is subject to these SMART K Terms of Service and the terms and conditions printed on the card. While you own the physical SMART K Game Cards that you purchase, SMART K Game Cards do not store legal tender, are nonrefundable and non-transferable, have no cash value, and may not be redeemed, sold, or otherwise transferred for any sum of money or monetary value at any time.
5.3. Digital Downloads.For some SMART K Games, SMART K may sell licenses to digital downloads, such as expansion packs, that provide additional gameplay, content, functionality and/or features. Please note that some or all of the gameplay, content, functionality and features in a digital download may be made available at a reduced price, or for free, in a later release of such SMART K Game. Digital downloads are nonrefundable.
5.4. Virtual Items.SMART K sells a variety of virtual items (Virtual Items), which are digital objects such as armor, weapons, adornments, furniture, pets, mounts, potions, etc. that end users can acquire and use for entertainment purposes in the SMART K Games. Please note that Virtual Items are not chattel and you do not acquire any ownership rights in the Virtual Items. When you purchase or otherwise acquire any Virtual Item in any SMART K Game(s), SMART K is providing you a limited license to use the Virtual Item in such SMART K Game for personal, non-commercial purposes. SMART K may sell Virtual Items through an in-game marketplace, a website, and/or a mobile app. Virtual Items may be sold for Virtual Currency or real world money, at Smart K s sole and absolute discretion. Please note that not all Virtual Items are available for purchase. Some Virtual Items can be acquired only through gameplay (e.g., by completing quests, killing non-player characters (NPCs), crafting, spending certain points or in-game currency, etc.), or through certain promotions we offer. SMART K reserves the right to add, modify, remove, suspend and reintroduce Virtual Items in the SMART K Games, in-game marketplaces, and promotional offers, and to change the prices and/or difficulty of obtaining Virtual Items, at any time in its sole and absolute discretion. Such changes may impact the effectiveness, functionality, and/or commonalty of the Virtual Items. As a result, the value and desirability of a Virtual Item may significantly increase or diminish over time. By purchasing a Virtual Item license you assume the risk of any such changes and agree never to assert any claim against SMART K based on the actual or perceived value, or change in value, of a Virtual Item. Some Virtual Items may be tradable to other end users as part of the SMART K Game. However, except as may be expressly permitted by SMART K in its sole and absolute discretion, selling or otherwise transferring Virtual Items in exchange for real world money or monetary value is not allowed. Virtual Items acquired through the in-game marketplace are nonrefundable, have no cash value and are not redeemable and/or refundable for any sum of money or monetary value from us.
5.5. Memberships.Some SMART K Games offer membership levels for purchase that provide access to additional content, functionality and features. Some membership levels may require the purchase of a subscription. Subscriptions may be acquired by redeeming a Game Card, by redeeming a Krono (only available in some SMART K Games), or by purchasing a recurring subscription. More information about Krono can be found athttps://www.everquest2.com/krono). Recurring subscriptions will automatically renew for the same amount of time as the initial subscription period, and will be automatically charged to the payment method on your account unless you terminate the auto-renewal before the next renewal date. You can stop the automatic renewal of your subscription at any time by logging into your account and navigating to the membership page. SMART K reserves the right to change the price and/or to modify the features and content provided by a game subscription at any time in its sole and absolute discretion. We will provide at least ten (10) days notice to you before changing subscription pricing. Subscriptions are nonrefundable.You hereby agree not to assert and/or bring any cause of action, claim and/or suit against Smart K , our affiliates, and/or our licensors and suppliers arising out of and/or related to (a) any claim that you own any Virtual Currency, digital downloads, or Virtual Items, (b) any claim for the "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items, (c) any claim for the loss of any "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items arising out of and/or related to any acts or omissions of Smart K , our affiliates, our service providers, and/or our licensors and suppliers which is/are permitted under the SMART K Terms of Service and/or any other SMART K policy, and/or (d) any claim that the "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items has diminished in value as a result of any modification that Smart K , our affiliates, our service providers, and/or our licensors made to any SMART K Game(s) or SMART K Game(s) related services. SALES POLICY You must be at least 18 years old to make a purchase. If you are a minor, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. By submitting your payment information and making a purchase, you agree to pay all applicable transaction costs including sales taxes, credit card fees, mobile carrier fees, etc. SMART K accepts many methods of payment, including credit cards, game cards, PayPal, SMS, etc. SMART K reserves the right to add or remove any method of payment at any time in its sole and absolute discretion.
SMART K does not ensure continuous or error-free access or availability of any SMART K Game(s). SMART K is constantly changing the SMART K Games and may, in its sole and absolute discretion, add, modify, disable, suspend and/or remove any SMART K Game(s), any portion thereof, including, without limitation, any computer code, games, characters, character names, storylines, titles, dialogue, catch phrases, digital downloads, Virtual Items, Virtual Currency, themes, objects, environments, artwork, maps, locations, likenesses, poses, models, textures, costumes, logos, emblems, powers, badges, achievements, sounds, voiceovers, musical compositions, concepts, artwork, animations, special effects, methods of operation, documentation, in-game chat transcripts, character profile information, video files, game engines, launch pads, and client and server side software, data, information, materials and other assets contained therein (collectively, the SMART K Game Assets). Under no circumstance will SMART K be liable for any claim that relates to or arises out of any such change that it makes to any SMART K Game Assets. SMART K may suspend, discontinue and/or terminate any SMART K Game(s) and/or SMART K Asset at any time in its sole and absolute discretion. If and when SMART K ends a SMART K Game, the Virtual Items that you have acquired in any SMART K Game(s) will no longer be available. Any Virtual Currency remaining in your account for such SMART K Game(s) will still be available for use in other SMART K Games. No refunds will be made for purchases of Subscriptions, digital downloads, and/or Virtual Items.In the event that you have purchased any packaged (i.e., physical) goods from Smart K , you may return such packaged goods to us for any reason within thirty (30) days of shipment for a full refund, less shipping and handling charges. Prior to returning any such packaged goods, please send an e-mail toreturns@Smart K games.comto request a return authorization. Unless you have requested an exchange, you can expect a refund in the same form of payment originally used for purchase. All undeliverable or refused orders will be treated as a return, with the same policy applied as returned items. If you wish to purchase any Subscriptions, Virtual Items, digital downloads, or SMART K Games-related services (each such purchase, a Transaction), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the Game incurred by you or anyone else using your account. By submitting such information, you grant SMART K the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. RULES OF CONDUCT While playing or otherwise using any SMART K Game(s), you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the SMART K Games is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.
7.1.While playing, streaming, or otherwise using the SMART K Games, you agree not to:
Violate the game-specific rules of conduct posted in the SMART K Knowledge Base and/or on the game forums.
Post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.
Impersonate or misrepresent your affiliation with Smart K , our affiliates, our service providers, our licensors and/or any other person, company and/or group.
Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company.
Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a SMART K communication feature;
Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
Do anything that might interfere with or adversely affect any SMART K Game(s).
Attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.
Modify any part of any SMART K Game(s), including, without limitation, any SMART K Game client and/or server.
Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using any SMART K Game(s).
Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which any SMART K Game(s) is/are operated.
Exploit any bug in any SMART K Game(s) and to refrain from communicating the existence of any such exploitable bug (bugs that grant the end user unnatural or unintended benefits to the user), directly, indirectly and/or through public posting, to any other end user of such SMART K Game(s). Additionally, you agree to promptly report any such bugs to Smart K .
Attempt to play any SMART K Game(s) on any server that is not controlled or authorized by SMART K or its designees.
Create, use or provide any server emulator or other site where any SMART K Game(s) may be played, and to refrain from posting or distributing any utilities, emulators or other software tools related to any SMART K Game(s) without the express written permission of Smart K .
Post, link to, or transmit any kind of unsolicited advertising , promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
Disclose your or any other person's personal information.
Interfere with, degrade, harm or disrupt the operation of any SMART K Game(s), or the servers or networks used to make such websites and games available, or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using any SMART K Game(s) (including, without limitation, by hacking, cracking or defacing any portion of such websites or games).
Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to, any SMART K Game(s), or any portion thereof, including, without limitation, any SMART K Game Assets.
Use any SMART K Game(s) in connection with any commercial activity, including without limitation any e-sports or group competition, without Smart K s prior written consent.COMMUNICATIONS