Conditions of Use
Last Updated: September 6, 2013
GameStop, Inc.
and/or its affiliates ("GameStop") provide website features and other
products and services when you visit or shop using GameStop's mobile
applications, GameStop.com, or PowerUpRewards.com (the "Sites"). These Conditions of Use do not apply
to other GameStop brands such as BuyMyTronics, Game Informer, PC Downloads, or
Kongregate, each of which has its own conditions of use. By
using the Sites you agree to the following terms and conditions, as well as
the GameStop Privacy Policy and all other disclaimers and terms and
conditions that appear elsewhere on this Site.
Disclaimer and Limitation of
Liability
THESE SITES ARE PROVIDED BY GAMESTOP ON AN "AS IS" BASIS. GAMESTOP
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED ON THE SITES. GAMESTOP DOES NOT WARRANT THAT THE SITES, INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, GAMESTOP'S SERVERS
OR ELECTRONIC COMMUNICATIONS SENT FROM GAMESTOP ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
GAMESTOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. GAMESTOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, BREACH OF SECURITY, OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH GAMESTOP WILL CREATE
ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE INAPPLICABLE TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
Applicable
Law
By using the Sites,
you agree that the laws of your state, without regard to principles of
conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and GameStop.
Copyright
and Trademark Notice
All screens appearing on the Sites including graphics, text, design, buttons,
logos, images, and icons, as well as the selection, assembly, and
arrangement, are the sole property of GameStop or its suppliers and/or
licesnors, and are protected by U.S. and international copyright laws. The content
on the Sites is only for the purpose of shopping on the Sites or placing an
order and for no other purpose. Any other use, including modification,
reproduction, uploading, posting, transmission, or distribution in any form
or by any means without GameStop's prior written permission, is strictly
prohibited. All software used on the Sites is the sole property of GameStop
or those supplying the software.
GAMESTOP.COM, PowerUp Rewards, and GameStop are trademarks or registered
trademarks of GameStop, Inc. In addition, graphics, logos, page headers,
button icons, scripts, and service names included in or made available
through the Sites are trademarks or trade dress of GameStop in the U.S. and
other countries or are the property of their respective owners.
All rights not
expressly granted herein are reserved.
Digital
Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content
on this Site infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider
to locate the material;
- Information
reasonably sufficient to permit the service provider to contact you, such as
an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the
law; and
- A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
GameStop's
designated Copyright Agent to receive notifications of claimed infringement
is :
GameStop, Inc.
Attn: Richard
Armour
625 Westport Parkway
Grapevine, TX 76051
richardarmour@gamestop.com
For clarity, only
DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed
to GameStop customer service by clicking here. You
acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
Your
Account
If you register on
the Sites, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your
account or password. GameStop does sell products for children, but it sells
them to adults who can purchase with a credit card or other permitted payment
method. If you are under 18, you may use the Sites only with involvement of a
parent or guardian. GameStop reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole
discretion. GameStop reserves the
right to change, suspend, or discontinue all or any aspects of the Sites at
any time without prior notice.
GameStop does not
knowingly collect information from children, including those less than
thirteen years of age. If you are
a child, do not submit any information to GameStop. If a parent, guardian, or other
concerned person becomes aware that we have collected information from a
child, including one less than 13 years of age, please contact us promptly
and we will take steps to delete and remove any such information.
Errors
on the Sites
Prices and availability of products are subject to change without
notice. In the event a product
price is listed incorrectly due to typographical error or error in pricing
information received from our vendors, GameStop shall have the right to
refuse or cancel any orders placed for any product listed at the incorrect
price, regardless of whether the order has been confirmed or your credit card
has been charged. If your credit card has already been charged for the
purchase and your order is canceled, GameStop will immediately refund the
amount charged to your credit card.
Order Policy & Shipping
Pricing and promotions on GameStop.com may vary from that of affiliated
sites.
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of
our offer to sell. GameStop reserves the right at any time after receipt of
your order to accept or decline your order for any reason. GameStop reserves
the right at any time after receipt of your order, without prior notice to
you, to supply less than the quantity you ordered of any item. We may require
additional verification or information before accepting any order. All orders
placed on this Site are subject to product availability. All items purchased from GameStop are
sent by a third-party carrier pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our delivery
to the carrier. If you are not
fully satisfied with your purchase, you may return it in accordance with
GameStop.com's Return Policy.
Site Content and Information
The Sites contain information, advice, text, and other materials that are
provided for your convenience and enjoyment. You should be aware that the
information might contain errors, omissions, inaccuracies, or outdated
information. GameStop makes no representations or warranties as to the
completeness, accuracy, adequacy, currency, or reliability of any information
and shall not be liable for any lack of the foregoing. Descriptions of, or
references to, products within this Site does not imply endorsement of that
product and are not warranted to be accurate, complete, current, or
error-free. If a product offered by GameStop is not as described, your sole remedy is
to return it according to GameStop.com's Return Policy. This website and/or certain activities
provided via the website may be covered by U.S. Patent 6,091,956.
Site Policies, Modification, and
Severability
GameStop reserves the right to make changes to the Sites and these
Conditions of Website Use and the Privacy Policy at any time. Each time you
use the Sites, you should visit and review the then current Conditions of Use
and Privacy Policy that apply to your transactions and use of this Sites. If
you are dissatisfied with the Sites, their content, or Conditions of Website Use
or Privacy Policy, you agree that your sole and exclusive remedy is to
discontinue using the Sites. If
any of these Conditions of Use is deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
Distributing
User Content
GameStop may allow users to the Sites to post reviews and comments
("Content") on products featured on the Sites. By submitting such
Content, you automatically agree and promise that all Content is accurate and
original and that, without any particular time limit, and without the payment
of any fees, GameStop and anyone GameStop permits may reproduce, display,
distribute and create new works of authorship in any media, based on and
including the Content. Additionally, you grant GameStop the right to use the
name you submit in connection with such Content.
No Endorsement of User Content. Users to the Sites are prohibited from
posting through the Sites any harmful, vulgar, obscene, profane, sexually
explicit, abusive, threatening, privacy invading, libelous, racially,
ethnically, or otherwise objectionable or unlawful content of any kind, or
that infringes or may infringe on the intellectual or other rights of
another. You acknowledge that GameStop does not endorse or pre-screen
content, but that GameStop and its designees will have the right (but not the
obligation) in their sole discretion to refuse, edit, move, or remove any
content that is available via the Sites. You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of any Content posted by you.
Notice to California Residents
This website is accessible to you at no cost. If you have a question or
complaint regarding GameStop Services or desire further information on use of
GameStop Services, visit GameStop's Customer Support web pages at
http://www.gamestop.com/gs/help/default.aspx, or contact us by mail at 625
Westport Parkway, Grapevine, TX 76051. California residents may also contact
the Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
POWERUP REWARDS
PROGRAM
The PowerUp Rewards
program is a program sponsored by GameStop that lets you earn points toward
certificates and provides other rewards and discounts. Membership is open to
residents of the United States who are 13 years of age or older, and is valid
only at participating GameStop U.S. and Puerto Rico retail store locations.
If a Member is between 13 and the age of majority in his/her state, the
Member agrees that he/she has obtained permission from a parent or legal
guardian. Full program rules are
available in store or at www.poweruprewards.com.
FAQs
For more
information on your Orders, Card Balances, Policies, Account Information, or
PC Download Support, please visit the Help section of our Site located
at: http://www.gamestop.com/gs/help/default.aspx