CONDITIONS OF SALE

The following explains the conditions of sale governing the purchase of video games downloaded thru the web site located at http://cafecom.partners.boonty.com/("Site").

By purchasing any products from the Site, you agree to the following. If you do not accept all of the following, you should not use the Site or buy any products from the Site. The terms "you," "your," and "yours" refer to the customer/purchaser utilizing our Site. The terms "Boonty," "we," "us," and "our" refer to Boonty and its subsidiaries and affiliates.

PRICES

Boonty will charge you the price specified on the Site for each video game you purchase from the Site. Prices shown on the Site are in US dollars and are exclusive of any other amounts including without limitation any costs associated with downloading the video games.

PAYMENT

You can pay for your purchased products with a credit card or, if offered, by electronic funds transfer by supplying the requested payment information. You also may pay by way of third party payment service providers specified on the Site.

DELIVERY

Purchased products may be accessed once the payment information has been confirmed to Boonty's satisfaction. Boonty retains title to all products until Boonty receives full payment.

CHANGES AND CANCELLATIONS

In the event that you decide to cancel your order within three (3) days of the date of purchase, the amount of your payment will be credited to the account from which the payment was initially made and your ability to access the game will be terminated. Boonty may, from time to time in its sole discretion and without prior notice to you, (i) discontinue or limit its production or availability of any product and (ii) modify the design of, specifications for, or features of any product.

WARRANTY

THE PRODCUTS ARE PROVIDED "AS IS," AND BOONTY MAKES NO WARRANTIES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE. BOONTY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

BOONTY'S LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY PRODUCT(S) SHALL NOT EXCEED THE AGGREGATE AMOUNTS RECEIVED BY BOONTY FROM YOU FOR SUCH PRODUCT(S). IN NO EVENT WILL BOONTY BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY OTHER SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BOONTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

GENERAL

All designs, data, drawings, software, or other intellectual property, technical or proprietary information supplied by Boonty to you in connection with this sale shall remain Boonty's sole property. Accordingly, you may not remove, change, alter or otherwise modify any proprietary notices, including but not limited to the title, copyright, trademark, attached to any products. You only may make copies of any product you purchase on a single, personal computer for your personal, non-commercial use and may make one copy for back-up purposes. Any Software provided is licensed pursuant to the terms of the End User License Agreement, an electronic copy of which is provided with the Software. The End User License Agreement is incorporated herein in its entirety by this reference. Any support for purchased products shall be optional in Boonty's sole discretion. Boonty will be excused from any obligation to the extent performance thereof is rendered impossible by acts of God, fire, flood, riots, material shortages, strikes, governmental acts, disasters, earthquakes, inability to obtain labor or materials through its regular sources, or any other reason beyond our reasonable control. None of the products or underlying information or technology may be exported or reexported, directly or indirectly, contrary to U.S. law or U.S. Government export controls. No right or obligation under these Conditions of Sale may be assigned by you without our prior written consent and any purported assignment without such consent will be void. Boonty may assign these Conditions of Sale at any time if such assignment is considered necessary by Company in connection with a sale of Company's assets or a transfer of its obligations.

THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. The federal and state courts within the State of California will have exclusive jurisdiction to adjudicate any dispute arising out of these Conditions of Sale. The failure of Boonty to exercise or enforce any right or provision of these Conditions of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Sale is held invalid, then the remainder of these Terms and Conditions of Sale will continue in full force and effect. This Conditions of Sale is the final and complete expression of all agreements between you and Boonty on the subject matter hereof.

IN ORDER TO COMPLETE THIS TRANSACTION, YOU MUST CONFIRM THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE _http://cafecom.partners.boonty.com/_ AND PRIVACY POLICY _http://cafecom.partners.boonty.com/_ AND AGREE TO BE BOUND BY THEIR TERMS.