Hidden gambling

Hi - i play an online game called FLYFF and as far as i can tell the game server is in san jose , california
this is a mmo(massively multiplayer online) game, part of the game includes a "cash shop" - another part of the game is upgrading equipment that your player or character has.

the way it works is complicated but in brief:

to buy something from the cash shop you buy "gpotatoes" using your credit card, paypal or other method. with this virtual currency you can buy items for your in game character

if you want to upgrade something in game there is a process to do this but the more you upgrade it the higher the chance you loose the item, you can using your virtual currency buy an item that dosent guarentee success in the upgrade but does ensure you dont loose it, there are other items that also increase the odds of success by 10%.

Sorry its hellish complicated but i think they do that for a reason.

so question 1, IS this gambling?

and question 2, the odds, statistics on success/failure are hidden - no one knows these statistics - is that legal?

[wld_team]

Normally not if skill is required to play and work the game; but check with state gaming authorities if you want to be 100% safe and certain.