THE FACE VALUE OF THIS ULTIMATE GAME CARD ("UGC") MAY BE APPLIED TO THE PAYBYCASH/ULTIMATEPAY PRICE FOR PARTICIPATING ONLINE GAMES, VIRTUAL WORLDS AND SERVICES.  THE LIST OF PARTICIPATING ONLINE GAMES IS SUBJECT TO CHANGE AT ANY TIME AND THE PRESENCE OF A GAME IN THE GAME LISTING ON ULTIMATEGAMECARD.COM OR PAYBYCASH.COM WEB SITE DOES NOT GUARANTEE THAT THE ULTIMATE GAME CARD CAN BE USED FOR THAT GAME.  INTERNET PAYMENT SOLUTIONS, INC. ("PayByCash") WILL MAKE REASONABLE EFFORTS TO KEEP ANY SUCH LIST CURRENT AND ACCURATE.  THE PRICE THAT MAY BE PAID FOR ONLINE GAMES LISTED ON THE PAYBYCASH.COM SITE IS OFTEN GREATER THAN THE CREDIT CARD PRICE CHARGED BY THE ONLINE GAME PROVIDER ON THEIR OWN SITE.  THE PAYBYCASH PRICE MAY CHANGE AT ANY TIME.

Games may require a connection to the Internet, download, installation, and/or purchase of certain software or equipment.  Game technical support is provided by the game provider.  PayByCash.com and the distributors of the UGC are not responsible for any technical problems associated with the games.

A UGC MAY ONLY BE USED TO PAY FOR A SINGLE GAME BY A SINGLE GAME ACCOUNT.  Once redeemed to purchase premium access to a game or game service, the remaining value left over from the UGCs face value will be converted to PayByCash Ultimate Points.  An “UltimatePoint” is a limited, digital license that allows the same user account to utilize certain features in the same game or game service, including by making virtual “purchases.”  UltimatePoints are NOT CONVERTIBLE to real currency and are not refundable.  Any UltimatePoints you possess measure the extent of the unused license and do not constitute a real-world “balance” or reflect any stored value.  The license represented by UltimatePoints is for a period of two years from the date the UltimatePoints are granted.  You acquire no right, title or interest in or to the Ultimate Points other than the limited rights granted by the foregoing license, and upon termination of this Agreement for any reason, such license shall immediately terminate.

You must be 13 years of age or older to purchase and redeem a UGC.  Neither PayByCash.com, the distributor of the UGC, nor the retail store where the card was purchased, are responsible for loss or damage of the UGC after activation of the card by the retailer at checkout.  You are solely responsible for any loss or damage resulting from lost, damaged or stolen cards or use of card without your permission.  The UGC has no actual cash value and is not refundable or convertible back to cash, except in California for UGCs with a face value of $10 or less.  Continued use of or play on services purchased using the UGC is subject to the PayByCash and/or the game provider’s service agreement.  Consumer is responsible for reading and accepting these terms prior to play.  Ultimate Game Card®, PayByCash®, UltimatePay™ and UltimatePoints™ are trademarks of PAYBYCASH, Inc.

This agreement will be deemed entered into in California and will be governed by and interpreted in accordance with the laws of the State of California, excluding (i) that body of law known as conflicts of law and (ii) the United Nations Convention on Contracts for the International Sale of Goods.  The parties agree that any dispute arising under this agreement will be resolved in the state or federal courts in Santa Clara County, California, and the parties hereby expressly consent to jurisdiction therein.

NEITHER PAYBYCASH NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PAYBYCASH AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "PAYBYCASH PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING SUBJECT MATTER OR CIRCUMSTANCES, EVEN IF A PAYBYCASH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES:  (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY MATERIALS, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY MATERIALS; (C) ANY THIRD PARTY WEBSITE, CONTENT OR RESOURCE USED IN CONNECTION WITH THE SERVICE, INCLUDING ANY THIRD PARTY SOCIAL MEDIA SITE; (D) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, AND/OR PAID FOR THROUGH THE SERVICE; (E) DISPUTES BETWEEN YOU AND ANY OTHER USER; (F) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH THE SERVICE; (G) UNAVAILABILITY OF ANY INFORMATION STORED IN YOUR ACCOUNT; (H) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICE; (I) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (J) ANY OTHER USE BY YOU OF THE SERVICE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAYBYCASH'S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FACE VALUE OF THE UGC.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PAYBYCASH'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.