These terms and conditions (“T&Cs”) govern your access to and use of the Gaming Web Purchase Service owned and operated by Microsoft or its affiliates (the “Service”) and all acquisitions or purchases that you make from the Service.

By utilizing the Service, you agree you have read and understood, and you agree to be bound by these T&Cs. You also acknowledge and agree Microsoft is selling or is acting as a marketplace facilitator in connection with your acquisition of Digital Products in the Service and these terms form a contract between you, on the one hand, and Microsoft, on the other hand. You may not access, use, acquire, or make purchases from the Service unless you (a) agree to these T&Cs; (b) are legally authorized to place an order and to perform any other legal acts required of you under these T&Cs; and (c) are not prohibited under applicable law from accessing or using the Service or any of its contents, products or services.

Microsoft may update these T&Cs at any time and will notify you of such changes by updating the last updated date. By continuing to use the Service or a Digital Product after the changes become effective, you agree to the new terms. If you do not agree to the new terms, you must cease use of the Service.

Scope

These T&Cs only govern your use of the Service, and the purchase and billing terms when Microsoft transacts as the seller or marketplace facilitator in the Service.

The Service enables payment processing for digital products, including any updates thereto (“Digital Products”) provided by Microsoft, its subsidiaries, affiliates, and agents (“Microsoft”), or third-party partners and their subsidiaries, affiliates, and agents (“Partners”). Microsoft owns and operates the Service but may enable payment processing for Digital Products that are owned either by Microsoft or by Partners. After any acquisition or transaction is completed on the Service, the party that owns the Digital Product is solely responsible for delivery of the Digital Product(s) to you. Terms of use, licenses, privacy policies, and other applicable terms that may apply to your acquisition and use of Digital Products are governed by separate terms between you and Microsoft (“Microsoft Terms”) or a Partner (“Partner Terms”). Neither Microsoft Terms nor Partner Terms modify the T&Cs for the Service. You should review applicable terms and conditions for any Digital Product before acquiring or purchasing it using the Service.

Accessing the Service and Purchasing Digital Products

• Restrictions. You may access and use the Service and purchase Digital Products only for personal and non-commercial purposes. You may not, as a result of accessing the Service or acquiring, purchasing, or using any Digital Product using the Service, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any data or information from, transfer or sell any information, software, products or services obtained from the Service. Microsoft reserves all rights to the Service not expressly granted by Microsoft; Microsoft and Partners reserve all rights to the Digital Products not expressly granted, whether by implication, estoppel, or otherwise. You may not:

• circumvent or bypass any technological protection measures in or relating to the Service or Digital Products;
• disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Service or Digital Products, except and only to the extent that applicable copyright law expressly permits doing so;
• publish, copy, rent, lease, sell, export, import, distribute, or lend any portion of the Service or Digital Products; or
• enable access to the Service or Digital Products by unauthorized third-party software or otherwise in a manner intended to avoid incurring fees or to circumvent usage limits or quotas.

• No Monetary Value. You acknowledge Digital Products have no monetary value and may not be transferred to another person or redeemed for fiat currencies, other things of monetary value, or used as means of legal tender.
• Support. Customer support for any Digital Product that you have acquired or purchased is provided by the party that owns the Digital Product. Microsoft is not responsible or liable for supporting any third-party Partner’s Digital Product. For Microsoft products, you can contact Microsoft customer support at http://support.microsoft.com.
• Suspension and Cancelation. We may suspend, restrict, or cancel your access to the Service and any Digital Products for any violation of these T&Cs.
• Geographic Availability. The availability of Digital Products and the Service may vary depending on your region or device. In addition, there may be limits on where we or Partners can ship or provide Digital Products. To complete your purchase, you may be required to have a valid shipping address within the country or region of the store where you are purchasing.
• Microsoft Account. You do not need a Microsoft Account to access or use the Service.

Payment Terms

• Charges. You agree to pay Microsoft the charge associated with the Digital Product on the Service. Unless stated otherwise, the price stated for the Digital Product excludes taxes or charges that may apply to your purchase. Taxes will be calculated and added to the amount of your purchase when you check out. You are solely responsible for paying such taxes or other charges. You are solely responsible for paying any charges from any party other than Microsoft in connection with your purchase from the Service.
• Billing. By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate, (ii) authorize Microsoft to charge you for any Digital Product you purchase, using your payment method, and (iii) agree that you will promptly update relevant contact information such as email address or credit card information so that we can complete your transaction and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase.
• Foreign Currency Exchange. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.
• Product Listings and Prices. We work hard to publish information accurately, update the Service regularly, and correct errors when discovered. However, any of the content in the Service may be incorrect or out of date at any given time. Prices of Digital Products and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. Microsoft reserves the right to refuse, reject, cancel, terminate, or not to process any order at any time. In such situations, Microsoft will refund you any monies you have paid for the order. In the event of pricing errors, Microsoft may, in its sole discretion, (a) cancel your order or purchase, or (b) contact you for instructions. In the event of cancellation, your access to any associated Digital Products may be disabled.
• Refunds. All purchases of Digital Products on the Service are final and non-refundable. For customer support, or for inquiries regarding errors and disputes regarding a purchase or acquisition from the Service, visit the support page(s) of the owner of the Digital Product. For Microsoft products, contact Microsoft customer support at http://support.microsoft.com. For King products, contact King customer support at https://community.king.com/en/blog/kb. If we determine that you have been incorrectly charged or overcharged, we will credit your account or arrange for a refund to rectify the error. If a refund is made to you after a dispute or error handling investigation, your payment instrument will be credited in accordance with the terms and time frame set by your payment instrument provider. This refund policy applies in addition to any statutory withdrawal rights you may have, and it does not affect these rights in any way.

• End Users Only. Digital Products available through the Service are for purchase and use by end users only and are not available for purchase or use by resellers.
• Trade Laws. Digital Products may be subject to applicable trade laws in one or more countries. You will comply with all relevant laws and regulations applicable to the import or export of Digital Products, including but not limited to, trade laws such as the U.S. Export Administration Regulations or other end-user, end use, and destination restrictions by the U.S. and other governments, as well as sanctions regulations administered by the U.S. Office of Foreign Assets Control (“Trade Laws”).

Content

All content included in or made available through the Service, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of Microsoft or its content suppliers, including Partners, and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you in this T&Cs are reserved and retained by Microsoft or its licensors, suppliers, publishers, rightsholders, or other content providers.

Code of Conduct

You are accountable for your conduct and content when using the Service. By agreeing to these T&Cs, you’re agreeing that, when using the Service, you will follow these rules:

• Don’t do anything illegal or try to generate or share content that is illegal.
• Don’t engage in any activity that exploits, harms, or threatens to harm others.
• Don’t try to send unwanted or unsolicited electronic communications (spam), engage in any fraudulent or unlawful attempt to induce recipients to reveal personal or sensitive information (phishing), or engage in any activity designed to cause technical harm (malware).
• Don’t publicly display or use the Services to generate or share inappropriate content or material.
• Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, creating fake accounts, or automating inauthentic activity).
• Don’t circumvent any restrictions on access to, usage, or availability of the Service.
• Don’t engage in activity that is harmful to you, the Service, or others.
• Don’t violate or infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using any of the Services).
• Don’t engage in activity that violates the privacy of others.
• Don’t help others break these rules.

Links to Third Party Sites

From time to time, the Service may include links to third party sites. These links will let you leave the Service. The linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Any third-party links are provided only as a convenience, and the inclusion of any third-party link does not imply endorsement by Microsoft of the site.

No Warranties

Microsoft, and our subsidiaries, affiliates, suppliers, resellers, distributors, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the Service and Digital Products. You understand that: (a) use of the Service and acquisition, purchase, and use of Digital Products is at your own risk; (b) Microsoft provides the Service on an “as is” basis “with all faults” and “as available”; and (c) you bear the entire risk as to the quality, performance, and your use of the Service and Digital Products.

Microsoft doesn't guarantee the accuracy or timeliness of information available from the Service or Digital Products. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement with respect to the Service and Digital Products. You may have certain rights under your local law. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the Service or Digital Products will be uninterrupted, timely, secure, or error-free or that customer data loss won't occur.

Limitation of Liability

If, despite these T&Cs, you have any basis for recovering damages from Microsoft arising out of or relating to the Service, or any Digital Product offered, your exclusive remedy is to recover from Microsoft or its suppliers, resellers, distributors, and content providers direct total damages up to any amounts incorrectly charged or overcharged, or in the absence of any incorrect charges or overcharges, US $100.00. You may have certain additional rights under your local law. Nothing in these T&Cs is intended to affect those rights, if they apply.

You agree that you can't recover any other damages or losses, including consequential, special, indirect, incidental, or punitive damages, or lost profits. The limitations and exclusions herein apply even if you incur damages and even if we knew or should have known about the possibility of the damages. The above limitations and exclusions do not apply in jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages.

To the maximum extent permitted by law, these limitations and exclusions apply to all claims, under any legal theory, related to the Service, these T&Cs, or any Digital Product offered, including loss of content, any virus or malware affecting your use of the Service or any Digital Product available through the Service; and delays or failures in starting or completing transmissions or transactions.

Digital Product Availability

The Service and Digital Products on the Service may be unavailable from time to time, may be available for a limited time, or may vary depending on your region or device. If you change the location associated with your account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.

Changes to the Service

There may be times when we need to remove or change features or functionality of the Service or stop providing access to a Digital Product or Service altogether. We may release the Service or its features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Choice of Law and Place to Resolve Disputes

The laws of the United States state or territory where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these T&Cs, the Service (including Digital Products), any advertising, marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court).

Neither party will claim lack of personal jurisdiction or forum non conveniens with respect to the jurisdictions and venues named in this section.

Assignment

You agree that we may assign, transfer, or otherwise dispose of our rights and obligations under these T&Cs, in whole or in part, so long as such assignment, transfer, or disposal isn’t to your detriment, at any time without notice to you.

Interpreting These Terms

If any part of these T&Cs is invalid, the remaining Sections and any other terms and conditions provided by Partners shall remain in force. These T&Cs are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns if applicable. Other terms may apply if you purchase products or services from other Microsoft or Partner websites.

Notices

• Privacy and Protection of Personal Information. Your privacy is important to us. Please read the relevant privacy statements for your access, use, and acquisitions or purchases available from each section of the Service.
• Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.
• Copyright and Trademark Notices. All contents of the Service and Digital Products are Copyright © Microsoft Corporation and/or Partners and, respectively, their suppliers and third-party providers. All rights reserved. We or our suppliers and other third-party providers own the title, copyright, and other intellectual property rights in the Service, Digital Products, and content. Any rights not expressly granted in these T&Cs are reserved.
• Safety Warning. To avoid possible injury, discomfort, or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile, or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of games or other applications for signs of symptoms