KING OF THE WEB

KINGMAKER PASS

TERMS OF SALE

Last Updated: March 1, 2012

PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING KING OF THE WEB KINGMAKER PASS VIRTUAL CURRENCY YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT MAKE PURCHASES FROM KING OF THE WEB.

King of the Web, Inc., and its subsidiaries and affiliates, (collectively, "King of the Web") may make its virtual currency, Kingmaker Passes ("Passes"), available to you from time to time. Passes may be used to purchase virtual goods (“Goods”) through any website of King of the Web, including kingofweb.com (the "Site"), and any King of the Web mobile services, applications for mobile platforms and other features, applications or services offered by King of the Web ("Services"). Your purchase and use of Passes are governed by these Terms of Sale in addition to our Terms of Use and Refund Policy, which are incorporated herein by reference.

King of the Web reserves the right to change or modify these Terms of Sale at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued purchase of Passes and/or virtual Goods following the posting of such changes or modifications will confirm your acceptance of the changes or modifications; therefore, you should review these Terms of Sale and all applicable policies prior to any purchase you make.

If you have any question regarding these Terms of Sale, please email us at support@kingofweb.com.

1. Purchases

To purchase Passes, you must be a registered King of the Web user and comply with these Terms of Sale, our Terms of Use and all applicable policies. You acknowledge that you are responsible for maintaining the security of your account and password and you accept responsibility for all purchases and other activities that occur under your account. If you are under 18, you may make purchases only with the involvement of a parent or legal guardian. King of the Web reserves the right to refuse or cancel orders or suspend accounts at any time in its sole discretion.

2. Availability

All virtual Goods are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue virtual Goods without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

3. Pricing; Payment

All prices are shown in U.S. dollars, and taxes are additional. Only valid credit cards or other payment methods acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes and any other amounts described on the Site or through the Services) to that card or other method. If the card (or other method) cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. You must resolve any problem we encounter in order to proceed with your order. In addition, by submitting an order, you authorize King of the Web, or its designated payment processors, to charge the amount you specify as the purchase amount and to process and store such payment information and any other related personal information.

4. Taxes

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase of Passes. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and King of the Web reserves the right to collect such taxes or other fees from you at any time.

5. Kingmaker Passes

King of the Web may, in its sole discretion, offer you the opportunity to purchase and redeem Passes on the Site and through the Services. Your Passes will be stored in your account and may be redeemed solely on King of the Web. Passes cannot be transferred or sold to any other users or third party and may not be redeemed for cash.

While the Passes you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below), we may, without further notice to you, gift your Passes to another player of our choice. For purposes of this Section 5, the term "Inactive" means that, based on our records: (i) for a period of two (2) or more years, you have not logged into your King of the Web account or (ii) we have been unable to reach you to verify that you intend to continue use of your account.

If you request your King of the Web account to be closed or deleted, your ability to redeem Passes may be terminated, without any right to refund or any other compensation for you. When we suspend your account for violating these Terms of Sale or the Terms of Use, your right to any unused Passes immediately ceases.

Further, we may suspend or otherwise limit your access to your Passes if we suspect, in our sole discretion, fraudulent, abusive or other unlawful activity associated with your account. If we suspend or limit access to your Passes, your right to use your Passes immediately ceases.

6. Refunds

Please refer to our Refund Policy for general refund and return information and instructions.

7. Virtual Goods

In our sole discretion, we may offer you the opportunity to redeem Passes for access to certain virtual Goods on our Site or through our Services. Subject to these Terms of Sale and Terms of Use, we grant you a limited, non-transferable, revocable license to use these virtual Goods. Regardless of the use of the terms "purchase," "buy," "sell," "order" or the like on our Site, Services or in any applicable terms or policies, you do not own any virtual Goods and acknowledge that they are a service of King of the Web and you have only a license to use them in accordance with these Terms of Sale. All use of virtual Goods is for personal, non-commercial use only. We will use commercially reasonable efforts to make virtual Goods you have purchased available for use within a reasonable period of time after purchase. If you violate these Terms of Sale or our Terms of Use, or if you request to delete or close your account, our offering of virtual Goods and your license thereto may also be cancelled, without any right to compensation for you.

The existence of a particular virtual Good is not a commitment by us to maintain or continue to make the particular virtual Product available in the future. We may revise, discontinue or modify virtual goods at any time without notification to you. We will have no liability of any kind if a good that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item is unavailable or we may cancel your purchase.

The length of time you may have access to the virtual Goods that you purchase will be determined by us in our sole discretion. The images and other content included as part of these virtual Goods is King of the Web's proprietary information and is subject to all terms and conditions regarding such information, as set forth in the Terms of Use. Without limiting the foregoing, neither you nor any potential recipient of a virtual Product may reproduce, distribute, transfer, modify or otherwise use virtual Goods in any manner other than as expressly authorized by King of the Web.

8. Errors

While we attempt to be as accurate as possible and eliminate errors associated with our Site and Services, we do not warrant that any Product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. Notwithstanding the foregoing, you release us from all liability and claims of loss resulting from any error that you do not report to us within one hundred and twenty (120) days after the error first occurs.

9. Disclaimers

ALL GOODS AND PASSES MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" AND KING OF THE WEB, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF GOODS OR PASSES. WE DO NOT REPRESENT OR WARRANT THAT GOODS DOWNLOADED THROUGH OUR SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Reference to any virtual Goods, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KING OF THE WEB OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY GOODS OR PASSES, EVEN IF KING OF THE WEB IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KING OF THE WEB AND ITS LICENSORS' AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE GOODS AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to indemnify and hold King of the Web and its directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claims, damages, costs, expenses or demands, including reasonable attorneys' fees, due to or arising out of (i) your purchase or use of any Passes or virtual Goods made available through the Site or Services; (ii) any termination or suspension of your account or right to use Passes or virtual Goods or (iii) any violation of these Terms of Sale, the Terms of Use, any applicable law or any right of any third party.