NEOPETS VIRTUAL WORLDS’ SHOPPING RULES
PLEASE READ THE NEOPETS VIRTUAL WORLDS’ SHOPPING RULES (“Shopping Rules”) CAREFULLY BEFORE PURCHASING NEOCASH OR USING THE NEOCASH ON ANY OF NEOPETS VIRTUAL WORLDS’ WEBSITES. These Shopping Rules are the agreement between you and NeoPets, Inc. ("Us" or the "Company") that sets forth the license by which you acquire the right to use Neocash, the virtual items and services obtained through the use of Neocash ("Neocash Items") or premium membership or subscriptions (as defined below) on neopets.com and petpetpark.com (collectively the “Neopets Virtual Worlds” or “Company Site(s)” or “Site(s)”).
I. General Rules
You may use an applicable payment mechanism offered by us through the Site(s) including prepaid cards, credit cards or other payment mechanism (e.g., PayPal) to pay for transactions involving Neocash or Premium Membership. You authorize us to charge you through the payment mechanism chosen by you. You are responsible for all charges initiated by you through the Site(s). You understand that we may suspend or terminate your Neopets Virtual Worlds’ account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. Any purchase of Neocash that is declined or cancelled may result in the user and his household being permanently banned from the respective website(s) at our absolute discretion. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
The Company has no liability if someone obtains access to your Neopets Virtual Worlds’ account(s).
You acknowledge and agree that you do not acquire any ownership rights in or to the Neocash, in whole or in part by purchasing this license to use Neocash or any Neocash Items. Once you purchase Neocash, the Neocash cannot be transferred to another Neopets Virtual World’s account nor can the Neocash Items be transferred to another account except through the gifting functionality provided in certain instances.
You understand that all purchases of Neocash game pieces are final and non-refundable, except, in our sole and absolute discretion. Once you purchased Neocash, you can't get your money back. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE THE COMPANY OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE APPLICABLE NEOCASH SHOP AND/OR THE DISCONTINUATION OF ANY OF THE NEOPETS VIRTUAL WORLDS GROUP’S SITE(S).
You understand that Neocash will expire after one year and that upon expiration you will be given a Neocash Item of equal or greater value. Neocash will be included in your account until (a) you use the Neocash to license Neocash Items, (b) the associated expiration date or (c) your account is otherwise terminated pursuant to this Agreement, whichever is sooner. Each Neocash Item that you purchase using Neocash will be included in your respective account(s) until: (a) that Neocash Item's expiration date, (b) you transfer the Neocash Item through permissible functionality on the site; (c) or your applicable account(s) is otherwise terminated pursuant to this Agreement, whichever is sooner. Finally, once you use Neocash for a Neocash Item, both the Neocash and the Neocash Item are considered fully consumed by you.
III. Premium Membership(s)
The Company may offer you premium membership to certain portions of the respective sites in order that you may enjoy additional content and services beyond what is offered for free on the Site(s) (“Premium Membership”). These Premium Memberships may differ from site to site and there may be rules that only apply to the respective Premium Memberships.
Some of the Premium Memberships may offer you a free trial period to try the particular Premium Membership without paying the membership fee. If your Premium Membership is not cancelled within the time limits set by the free trial, you will be charged the membership fee as described during the free trial offer. Please make sure you read any free offer carefully before signing up for it.
If you paid for your Premium Membership through a credit card or other online payment method (not through a prepaid card), for your convenience, at the end of each membership period, we will renew your subscription automatically. The period of the auto-renewal of your Premium Membership shall be for the same period as your initial Premium Membership (e.g., monthly in the case of a monthly Premium Membership). For this auto-renewal, you will be billed at the rate that was in effect at the time of your original purchase unless we notify you of a change in the fee prior to the auto-renewal. This recurring payment is automatically billed to your designated billing payment method unless you choose to cancel your Premium Membership before it is renewed. If you wish to cancel your recurring Premium Membership, please go to your account management system to cancel. If you cancel during an existing Premium Membership period, your cancellation takes effect at the end of that period and you will not receive a pro rata refund of any payments made. You will, of course, be able to enjoy all the benefits of Premium Membership until the end of your current Premium Membership period.
Our monthly Premium Memberships are based on the calendar month (not a thirty day cycle). Therefore, if you purchase a monthly Premium Membership on January 3rd, you will be billed for your next month’s membership on February 3rd. If you purchase your monthly Premium Membership on January 30th, you will be billed for your next month’s membership on February 28th, and the following month on March 30th.
IV. Financial Information
In order to obtain Neocash, you will be required to provide us or another payment service designated by us (e.g., PayPal) with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions.
The Company reserves the right, without prior notification, to limit the order quantity on any Neocash Item and/or to refuse to provide you with Neocash, Neocash Item or Premium Membership. Verification of certain information applicable to a purchase of Neocash, a Neocash Item or Premium Membership may be required prior to Company's acceptance thereof.
Price and availability of the Neocash Items are subject to change without notice.
THE NEOPETS VIRTUAL WORLDS AND ALL MATERIALS CONTAINED ON THE NEOPETS VIRTUAL WORLDS ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NEOPETS VIRTUAL WORLDS OR ANY THIRD PARTY.
IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, SOMEONE ELSE ACCESS YOUR ACCOUNT OR THE RELEVENT COMPANY SITE IS TAKEN DOWN, YOU WILL NOT BE ENTITLED TO A MONETARY REFUND FROM COMPANY FOR THE LOSS OF ANY NEOCASH OR NEOCASH ITEM.
The Shopping Rules and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of California and County of Los Angeles. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of any of the Neopets Virtual Worlds or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of these Shopping Rules is found to be illegal or unenforceable, the Shopping Rules will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
In interpreting the Shopping Rules, the English version governs the interpretation and meaning of the obligations set forth herein. To the extent there is an ambiguity or conflict with the Shopping Rules in other languages, the Shopping Rules in English governs.