Privacy and Legal

Shockwave Virtual Currency Purchasing Agreement

This Shockwave Virtual Currency Purchasing Agreement ("Agreement") is between you and Shockwave.com ("we," "us," or "our"), an Internet website owned and operated by Shockwave, LLC ("SW") and governs your purchase or other acquisition of Shockwave Cash, coins, chips or any of our other virtual currencies (each individually or collectively referred to in this Agreement as "Shockwave Cash") and its use to purchase virtual items or services ("Content") as set forth herein. This Agreement supplements the Shockwave Terms of Use.

Revised Terms

We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of Shockwave Cash and acquisitions of Content. When we revise this Agreement, we change the "Last Updated" date below and may e-mail you or notify you upon login, at our discretion. Each time you purchase Shockwave Cash you agree that you will review the terms of this Agreement and that you agree to the revised terms.

License

Purchases or other acquisition (we may award Shockwave Cash such as in connection with promotions or tournaments) of Shockwave Cash provide only a limited, non-transferable, non-sublicensable, revocable license to use such Shockwave Cash to access Content that we expressly make available for use with Shockwave Cash ("Service(s)") for your personal non-commercial use. When you acquire Content, you receive a limited license to use such Content for your personal non-commercial use with the Services. You acknowledge that you do not acquire any ownership rights in or to the Content or Shockwave Cash. Once you acquire a license to Shockwave Cash, or acquire a license to Content, they cannot be transferred to another account except through the Shockwave gifting functionality which may be provided in certain instances. We may cancel any Shockwave Cash or Content transferred, assigned, or sold in violation of this Agreement.

Shockwave Cash has no monetary value and does not constitute currency or property of any type. Shockwave Cash may be redeemed for Content only, and cannot be sold or transferred, or exchanged for "real world" money, cash or for any other goods or services. Other than as expressly set forth herein, purchases of Shockwave Cash and Content are final and non-refundable and you are not entitled to a refund of any unused Shockwave Cash or Content.

Purchases

During the term of your license, you have the right to redeem Shockwave Cash for selected Content. We neither guarantee the availability of particular items of Content nor that particular items of Content will be offered for any particular time; we may change and update our inventory of Content without notice to you. As set forth in Section 16 of our Terms of Use, all Content is provided "as is."

Term

The term of your Shockwave Cash license starts when you acquire such Shockwave Cash and, subject to this Agreement, expires the earlier of twelve months from the date of purchase, or if otherwise awarded ninety days from the date of award (as the context requires and applicable to each individual purchase or award), or the day that your access to the Site or your account is cancelled, suspended or terminated as set forth herein. Upon expiration, we have the right to redeem any remaining Shockwave Cash for Content such as a badge or award which may be displayed on your user account, or equivalent item of Content, which shall be identified at our sole discretion. If you do not use your account for twelve months it may be cancelled for non-use and any remaining Shockwave Cash similarly redeemed.

Once Shockwave Cash is redeemed for Content such Content is not returnable, exchangeable, or refundable for Shockwave Cash or any other virtual currency, or for cash or other goods or services. If you order Content that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price in Shockwave Cash.

The term of your Content license starts when you receive access to such Content and, subject to the terms of this Agreement, expires the earlier of: (i) for Content with a specified number of uses (such as single use), upon exercise of the specified number of uses, or twelve months and (ii) for unlimited use items, twelve months. You will not receive any refund, replacement or set-off for any items, or portions of items, remaining beyond this license term.

Price

The price payable by you (the "Price") is the price indicated on the applicable website for these Services. If you are resident in Europe or another foreign country, the Price does not includes any applicable VAT or other applicable sales and use taxes and you may be charged an additional amount as required by local laws. We reserve the right to change the price and specifications shown for any Content which shall become effectively immediately upon such change.

Purchases

Shockwave Cash may only be held by legal residents of countries where access to and use of the Services are permitted. Shockwave Cash may only be purchased or acquired from us and through means we provide on the applicable website(s) or otherwise expressly authorize. We reserve the right to refuse your request(s) to purchase and/or acquire Shockwave Cash for any reason.

When you purchase Shockwave Cash, it will reside in your account ("Wallet Account") until discharged as set forth herein. When purchasing Shockwave Cash or Content, you agree to pay us the applicable charges for your purchase(s), using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Shockwave Cash and/or Content are final. If your Wallet Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued. Refund requests past 96 hours from time of purchase will not be honored. Other than charges to your Wallet Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

When submitting information to purchase Shockwave Cash, you agree to our credit card authorization policy, in which we issue a small temporary authorization charge to validate your credit card account. This policy helps protect you against credit card fraud and will not result in a charge to your account, though it may temporarily appear as a pending charge on some bank statements.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

You understand that we may suspend or terminate your user account or Wallet Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such even occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

Account

As set forth in Section 1 of the Shockwave Terms of Use Agreement, you will be required to establish and protect the confidentiality of your user account. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password or otherwise access your account. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

Cancellation or Suspension

We can cancel or suspend your access to Shockwave Cash, Content, the Services or your Wallet Account, in our sole discretion and without prior notice, if, at our sole discretion (a) you fail to comply with this Agreement or the Shockwave Terms of Use Agreement or any other applicable Shockwave policies or agreements; or (b) if we otherwise suspect fraud or misuse of Shockwave Cash and/or any Content, or any other unlawful activity associated with an account membership registered to or used by you. We have no obligation or responsibility to, and will not reimburse you for, any Shockwave Cash or Content lost due to such cancellation or suspension.

Termination of Services

We have the absolute right to offer, manage, regulate, modify and/or eliminate Shockwave Cash, the Content and/or the Services, or any portion thereof, at any time, without any liability to you. If we discontinue offering the Service, we will provide at least sixty (60) days advance notice to you by posting a notice on Shockwave.com and or sending you an email to the email associated with your user account. You will then have thirty days from the date of our notice to redeem any Shockwave Cash. Any Shockwave Cash remaining in your Wallet Account beyond such 30 day notice shall automatically be redeemed for Content such as a badge or award which may be displayed on your user account, or equivalent item of Content, which shall be identified at our sole discretion.

Last Updated 3/28/2019