 |
Categories |
|
|
|
|
Item Search |
|
|
|
|
|
|
|
|
|
|
|
|
|
Information |
|
|
|
|
| Get Your Gamez Terms Of Use |
|
|
| YOU AGREE TO BE BOUND BY THE Get Your Gamez TERMS of Use by using the Get Your Gamez Web Site.
Get Your Gamez is a World Wide Web site owned and operated by Get Your Gamez (www.getyourgamez.com and "Get Your Gamez"). By accessing any areas of www.getyourgamez.com, users ("User") agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms of Use").
User hereby affirms and warrants that User is currently over the age of eighteen years (21 in some states) and is capable of lawfully entering into this agreement.
By electronically submitting an order via Get Your Gamez using the www.getyourgamez.com web site, User is agreeing to be bound by all of the current terms and conditions related to the purchase or rental of Get Your Gamez products. User's www.getyourgamez.com order will not be confirmed or processed unless User consents to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and interpreted by the laws of the United States, without regard to conflicts of law principles.
ACCESS:
User must be 18 years of age or older (21 in some areas) to receive a membership and become a User.
User agrees to be personally liable and fully indemnify Get Your Gamez for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from Get Your Gamez, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this service including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s). User is responsible for all transactions made on user’s account.
MEMBERSHIP:
Membership dues are non-refundable. Members may cancel their membership at any time online by going to the cancellation page.
Some or all of the following fees and charges may be incurred by you: a. Subscription Fees. You are responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable. AUTOMATIC RENEWAL - Subscription fees are automatically renewed, and therefore automatically credit card debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least seven (7) days prior to renewal. b. Full payments for all goods and services ordered at, through and/or from this service and its licensees.
COPYRIGHTS:
All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©-2007, Get Your Gamez. ALL RIGHTS RESERVED. Any other use of materials on this website--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of Get Your Gamez is strictly prohibited.
TRADEMARKS:
Get Your Gamez, www.getyourgamez.com, The Get Your Gamez design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Get Your Gamez. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Restricted Rights Legend:
Use, duplication or disclosure by the United States government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Disclaimers:
GET YOUR GAMEZ IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. GET YOUR GAMEZ DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, GET YOUR GAMEZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
IN NO EVENT SHALL GET YOUR GAMEZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
CONTENT:
Proprietary Rights:
User acknowledges that www.getyourgamez.com contains information, data, software, photographs, graphs, video game discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under U.S. Copyright laws and Get Your Gamez owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Our web site contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the www.getyourgamez.com site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Get Your Gamez by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of Get Your Gamez or the appropriate third party. The records required by Section 2257 of Title 18, United States, with respect to all the DVDs found on www.getyourgamez.com and all graphical materials associated therewith, are maintained by the respective Studios.
THIRD PARTY CONTENT:
Get Your Gamez is a distributor and not a publisher of Content supplied by third parties and Users. Get Your Gamez has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of www.getyourgamez.com are those of the respective authors or distributors and not of Get Your Gamez or its affiliates, or any of their respective officers, directors, employees or agents. Neither Get Your Gamez or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of Get Your Gamez guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Get Your Gamez represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with Get Your Gamez. Get Your Gamez neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.getyourgamez.com by anyone other than authorized Get Your Gamez employees. Under no circumstances shall Get Your Gamez or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through www.getyourgamez.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Get Your Gamez.
Export:
The Canadian and U.S. export control laws regulate the export and re-export of technology originating in the Canada and the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from www.getyourgamez.com to either a foreign national or a foreign destination in violation of such laws.
Get Your Gamez Online Rights:
Get Your Gamez may elect to electronically monitor the User submit areas and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to operate www.getyourgamez.com, or (iii) to protect the rights or property of Get Your Gamez, its Users, Sponsors, Providers, Licensors or Merchants.
Get Your Gamez is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, Get Your Gamez may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.getyourgamez.com.
Get Your Gamez reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual Users, Get Your Gamez, the communities which make up Get Your Gamez, or any rights of Get Your Gamez or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Get Your Gamez nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Get Your Gamez or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.getyourgamez.com.
TERMINATION OF USAGE:
Get Your Gamez may terminate User access, or suspend any User's access to all or part of Get Your Gamez, without notice, for any conduct that Get Your Gamez, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or Get Your Gamez.
MISCELLANEOUS:
Users may not use Get Your Gamez to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.
Get Your Gamez Service Terms and Conditions
You must agree to these terms and conditions before you can become a member of this site.
Access and Membership:
"By subscribing to this service ("Get Your Gamez"), I ("Subscriber") agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are myself (the Subscriber) and Get Your Gamez. This Agreement is subject to change by Get Your Gamez at any time, and changes are effective upon notice to the Subscriber."
"In order for me to become a member, I must be at least 18 years of age or older (21 in some states). I certify that I am 18/21 years of age or older (21 in some states) and are capable of lawfully entering into this agreement."
"Get Your Gamez reserves the right to reject submission deemed to be in violation of these terms and conditions, or any incomplete or illegal submission."
"Processing and delivery times may in practice limit the number of games Subscriber can rent each month."
New Subscriptions:
Please note, when signing up for a new subscription plan, Get Your Gamez reserves the right to authorize your credit card for $50 per game rented. This does not capture the funds but indicates that a new customer has the ability to pay for lost, damaged, or unreturned games.
BILLING:
"Subscriber will be billed a fee, plus taxes, if applicable, once a month and Subscriber may cancel at any time."
"Subscriber's membership fees includes ALL postage and handling charges."
"Any applicable sales tax will be added to Subscriber's monthly membership fee."
"Get Your Gamez reserves the right to charge the full replacement fee for any games that are either not returned upon membership cancellation or that are returned damaged."
"In the event of a credit card decline, the Get Your Gamez Collections Department will make an attempt to contact customers via e-mail and/or telephone. If the customer cannot be reached or credit card information is not updated, all customer information will be submitted to a 3rd party firm for collection of unpaid dues, cost of any unreturned games, and all litigation costs." "Please note: there is a limit of one account per credit card. Get Your Gamez reserves the right to limit each household to one account."
PLANS:
"Subscriber may change plans at any time."
"Upgrades in plans will only result in billing the difference of the plans."
"Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited."
"Future billing cycles will be billed at the new rate."
CANCELLATIONS:
"Subscriber may cancel online anytime." "Cancellations take effect immediately. No refunds or credits will be given for partial months of use."
"Upon the cancellation of an account, it is the customer's responsibility to return all games prior to their next billing cycle. If games are not received before the next billing date, the customer will be charged for the next month's fees and refunds will not be provided."
"All rented games must be returned to Get Your Gamez within 1 week of cancellation. Any games not returned to Get Your Gamez within 7 days of cancellation will be billed to the customer's credit card account; full retail list price will be charged."
"After Cancellation any unreturned rentals will be subject to standard Get Your Gamez replacement costs based on the Manufacturer's Suggested Retail Price for the disc."
SPECIAL OFFERS AND INVITATIONS:
"Invitations and special offers are available only for first-time Get Your Gamez customers, unless stated otherwise on the offer."
"Each promotion code is limited to one per household and cannot be combined with any other offer(s)."
"Offers are valid only within the United States, are not transferable and are void where taxed or otherwise prohibited by law."
"Once redeemed, all promotional offers are final and are not eligible for refund or return."
DAMAGED GAMES:
If a game is returned to Get Your Gamez and it is determined that the customer is the cause of the damage, Get Your Gamez reserves the right to charge the customer’s credit card for the full replacement cost of the game(s). If you receive the game in damaged condition, please contact info@getyourgamez.com immediately for resolution. The customer is not responsible for a game damaged in the mail.
LOST GAMES:
Please report any lost games immediately to info@getyourgamez.com. A game will be considered lost if it is not received by the customer or returned to Get Your Gamez within 10 days of being sent. A current customer will be allowed one lost game but may be charged for any additional games exceeding the one lost game limit. "Lost" games must be repeated to Get Your Gamez within 10 days of initial shipment. Refunds may be provided at the discretion of Get Your Gamez if a “lost” game is found.
RAPID RETURN FEATURE:
Get Your Gamez provides our established customers with a rapid return feature (customers are considered “established” after successfully completing two billing cycles with no delay in service or credit card decline). This allows a customer to mark a game as returned, and the next game in the customer’s queue will be sent immediately.
Get Your Gamez reserves the right to remove the rapid return feature from a customer’s account at any time. The maximum amount of games that can be checked out to a customer is 2 for the 1 game at a time plan and 4 for the 2 games at a time plan.
MISCELLANEOUS:
"I agree to be personally liable and fully indemnify Get Your Gamez for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from www.getyourgamez.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from www.getyourgamez.com, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s)."
TO CONTACT GET YOUR GAMEZ:
Any questions regarding terms and conditions, please contact info@getyourgamez.com.
Contact via mail:
Get Your Gamez
PO Box 2659
Gilbert, AZ 85299-2659
Last update: 10/2/07 |
|
|
|
|
|
|
|
|
|
Refer A Friend |
|
|
|
|
Bestsellers |
|
|
|
|
