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TERMS OF SERVICE

THIS IS A LEGAL CONTRACT BETWEEN YOU AND GameStop ("GAMESTOP") STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE GAMESTOP® PC DOWNLOADS SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES AND ALL OF GAMESTOP’S RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND GAMESTOP.

TO AGREE TO THIS AGREEMENT, CLICK "AGREE." IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE.

IF YOU WANT TO USE THE SERVICE, YOU MUST ACCEPT AND ABIDE BY THIS AGREEMENT AS PRESENTED TO YOU. ANY CHANGES, ADDITIONS, OR DELETIONS THAT YOU MAKE TO THE AGREEMENT ARE NOT ACCEPTABLE, AND GAMESTOP MAY REFUSE ACCESS TO THE GAMESTOP® PC DOWNLOADS FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. YOUR USE OF THE GAMESTOP® PC DOWNLOADS SERVICE SHALL BE DEEMED YOUR UNCONDITIONAL ACCEPTANCE OF THE CURRENT VERSION OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CHANGED AT ANY TIME, AND FROM TIME TO TIME, AND SUCH NEW VERSION IS PUBLISHED ON THIS WEBSITE, YOU WILL BE BOUND BY SUCH NEW VERSION UPON YOUR FIRST USE OF THE SERVICE FOLLOWING ANY SUCH PUBLICATION.

UPON ACCEPTANCE OF THIS AGREEMENT, YOU AND GAMESTOP HEREBY AGREE AS FOLLOWS:

  1. Description of Service. GameStop ("GAMESTOP") is the provider of the GameStop® PC Downloads ("Service") that permits you to evaluate and purchase licenses to use computer software (i.e., end user licenses), as well as update previously purchased computer software, via digital download to your personal computer, upon the terms and conditions set forth in this Agreement. You can review the most current version of these Terms of Service at any time at: www.gamestop.com/gs/help/pc_service. The Service provides you with access to the gamestop.com website, through the GameStop App software ("GameStop App Software"). In order to use the Service, you will need to download and install the GameStop App Software on your computer, you will need to accept the end user license agreement for the GameStop App Software (the terms and conditions of such EULA are incorporated herein by reference), you will need dedicated access to the Internet on your personal computer, and you will need to set up, at no cost to you, a valid GameStop subscription user account ("Account") with a valid personal e-mail address. You are responsible for providing and maintaining all necessary equipment and Internet service (at your sole cost) to use the Service and your Account. The quality and speed of your hardware and Internet connection will affect your use of the Service and your Account. In addition to the foregoing, the GameStop App Software and the Service may provide you with access to the gamestop.com website for use of GameStop’s online community ("GameStop Online Community"), including, without limitation, online chat, blogging and multiplayer gaming and matchmaking features. Your use of the gamestop.com website and the GameStop Online Community is governed by and subject to the express Terms of Service posted and accessible at www.gamestop.com/gs/help/pc_service, which are incorporated herein by reference. Any reference to the purchase of software products, digital download products or computer software in these Terms of Service refers to the purchase of limited licenses to use such software under and subject to the terms of licenses granted, and no ownership interest of any nature in the computer software is or will be transferred or sold to the end user.
  2. Age Requirements for Use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Agreement and its terms and conditions. You may not use this Service if you are under the age of 13.
  3. Online Conduct. You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on the Service and the GameStop Online Community that results from use of your Account. Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette. Specific requirements may also be found in the gamestop.com Terms of Service, posted and accessible at www.gamestop.com/gs/help/pc_service, or in terms of use required by third parties who host particular games or other services.
  4. Cheats. The GameStop App Software may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any game or modifications thereof ("Cheats"). You agree that you will not create or assist third parties in any way to create Cheats. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats. You acknowledge and agree that either GameStop or any online multiplayer host may refuse to allow you to participate in certain online multiplayer games if you use Cheats in connection with the GameStop App Software or any game. Further, you acknowledge and agree that an online multiplayer host may report your use of Cheats to GameStop, and GameStop may communicate your history of use of Cheats to other online multiplayer hosts for GameStop products.
  5. Illegal and Prohibited Behavior.
    1. GameStop may terminate your Account for any conduct or activity that GameStop believes is illegal (whether or not such conduct or activity is specifically addressed in this Agreement), that constitutes a Cheat, or which otherwise negatively affects others’ use of GameStop or the GameStop Online Community.
    2. In your use of the Service and the GameStop App Software, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Service or the GameStop App Software, or any web sites linked to the Service or the GameStop Online Community; (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Service; (iv) interfere with or damage the Service or the GameStop App Software, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (v) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (vi) attempt to obtain unauthorized access to the Service or the GameStop Online Community; (vii) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (viii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site; (ix) submit false or misleading information to us; (x) violate any law, rule, or regulation; (xi) engage in any activity that interferes with our ability to provide, and any third party’s ability to use or enjoy the Service or the GameStop Online Community; or (xii) assist any third party in engaging in any activity prohibited by this Agreement.
    3. You acknowledge and agree that GameStop is not required to provide you notice before terminating your Account for engaging in any illegal or prohibited behavior, but it may choose to do so.
  6. Objectionable Material.
    1. You understand that by using the Service, you may encounter content and products that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or content. Nevertheless, you agree to use the Service at your sole risk and that GameStop shall have no liability to you for content or products that may be found to be offensive, indecent, or objectionable. Content categories and product descriptions are provided for convenience, and you acknowledge and agree that GameStop does not guarantee their accuracy. We reserve the right, but do not undertake the obligation, to monitor the site for objectionable content and removing such content from the Service.
    2. We have adopted a policy that provides for the suspension and/or termination of any Service user who is found to have repeatedly infringed on the intellectual property rights of a third party, or otherwise violated any intellectual property laws. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to our designated agent at:
      GameStop
      Legal Department
      625 Westport Pkwy
      Grapevine, TX 76051
      Fax: (817) 424-2002
      support@gamestop.com
  7. Sales Policies. Your use of the Service and transactions made through it are subject to GameStop’s Return Policy posted at www.gamestop.com/gs/help/pc_returns, which can be readily viewed on the Service, and any end-user license agreements or other terms and conditions required for use of the Service, all of which are incorporated into and made a part of this Agreement. If you have not already read GameStop’s Return Policy, you should do so now. Your purchase of software products, whether made through the Service or at any retail location of GameStop, Inc. ("GameStop"), is subject to any end-user license agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
  8. Privacy Policy. The Service is subject to GameStop’s Privacy Policy posted at www.gamestop.com/gs/help/pc_privacy, which is expressly made a part of this Agreement. If you have not already read GameStop’s Privacy Policy, you should do so now. Your assent to the terms of this Agreement constitutes your assent to our Privacy Policy.
  9. Your Personal Information. You must provide accurate, current, and complete information required to register with the Service and create an Account, as well as at other points as may be required in the course of using the Service ("Registration Data"). Further, you shall maintain and update your Registration Data as required to keep it accurate, current, and complete. GameStop may terminate your rights to any part of or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that GameStop may store and use the Registration Data you provide (including credit card, Payflow Pro and/or PayPal account information) for use in maintaining your Account and in billing fees through the Payflow Pro service, your credit card, or your PayPal account.
  10. User Account and Security.
    1. Account and Password. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify GameStop of any unauthorized use of your Account or any other breach of security. GameStop shall not be responsible for any losses arising out of the unauthorized use of your Account.
    2. Security. You understand that products acquired or transacted through the Service or at any GameStop retail location, such as digital download computer software ("Products"), may include security encryption and digital rights management technology that protects against unauthorized Product activation and requires you to validate your Product through the Service as a condition of activation. You shall not circumvent or violate or attempt to circumvent or violate any security restrictions or components. Further, you shall not attempt to, or assist or encourage another person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Products, the GameStop App Software, the Service software, or any of the security components related to the Products, in whole or in part, or create any derivative works from or of the foregoing intellectual property. You also agree not to access the Service by any means other than through the GameStop App Software. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil and/or criminal liability.
  11. Agreement to Pay.
    1. Payment for Products. You shall pay for all Products you purchase through the Service, and GameStop may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GAMESTOP WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate on your Account. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information by logging into your Account and updating your account information.
    2. Prices and Availability of Products Subject to Change. Prices and availability of all Products are subject to change at any time. You acknowledge that from time to time GameStop and/or GameStop may offer Product sales, promotions, deals or bundles, and that no such sale, promotion, deal or bundle shall entitle you to a refund or credit, partial or whole, of any fees previously charged to your Account and/or paid by you to GameStop or their assignees.
    3. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to complete transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
  12. Delivery of Products. All purchased Products will be delivered to you via digital download to your personal computer, through the GameStop App Software and the Service. Purchased Products can only be activated through your Account. If you experience any technical problems with the download of a purchased Product, your Account, the GameStop App Software, or the activation of a purchased Product, you must contact GameStop’s technical support, accessible either through the GameStop App Software or the link provided at http://as00.estara.com/OneCC/200106299243/mailform.html. Your sole and exclusive remedy with respect to a Product that is not delivered within a reasonable period of time or that is defective will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by GameStop in its sole discretion. If, within one year of your purchase of any Product, you suffer a loss of the purchased Product by reason of a computer hardware malfunction or other event outside of your control, GameStop will use reasonable commercial efforts to permit you to receive a replacement digital download of the lost Product, provided that (i) GameStop is permitted under its agreement with the Product developer or publisher to furnish such replacement downloadable copy, and (ii) such replacement is not inconsistent or prohibited by the Product developer or publisher’s EULA (as defined below).
  13. Use of Products. Your use of a Product and your rights with respect to the use of a Product will be governed by the end user license agreement, if any, provided for the Product by or for the Product developer or publisher ("EULA"). If you choose not to accept a Product’s EULA, you should contact the provider of the Product for a refund or other remedy they may provide. This Agreement does not amend or supersede any EULA between you and a provider of a Product. If you receive a Product that is not accompanied by a EULA or that is not activated or used upon the express condition that you accept its EULA, then in such event GameStop grants you a limited and non-exclusive license to download and use the Product for your personal and non-commercial purposes only, without any rights to modify, reproduce, de-compile or reverse engineer the Product. All Products are protected by copyright and other intellectual property laws and treaties. GameStop and/or its licensors own the title, copyright and other intellectual property rights in and to the Products, and all Products are licensed and not sold.
  14. Intellectual Property.
    1. Ownership. The Service, including but not limited to Products, graphics, user interface, trailers, demos, screen shots, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by GameStop and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright laws, and therefore you shall not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement and use of a purchased Product in compliance with the terms of the applicable end user license agreement. No portion or content of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    2. Removal of Content. Notwithstanding any other provision of this Agreement, GameStop and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event shall GameStop be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. GameStop may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
    3. Copyrights. All copyrights and other intellectual property rights in and to the Service and the GameStop App Software are owned by GameStop and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE GAMESTOP CLIENT SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
    4. Trademarks. GameStop®, the GameStop logos, and other GameStop trademarks, service marks, graphics, and logos used in connection with the Service are trademarks/service marks or registered trademarks/service marks of GameStop in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks or service marks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks or service marks and no right or license with respect to any use of such trademarks or service marks.
    5. Reservation of Rights. Except for the rights expressly granted to you in this Agreement and in the EULAs included for the Products and for the GameStop App Software, all right, title and interest in the Service, the Products, and the GameStop App Software are reserved and retained by GameStop, its licensors and its/their respective providers, publishers and holders of intellectual property rights. You do not acquire any ownership interest or ownership rights whatsoever in the Service, the Products, or the GameStop App Software as a result of downloading, installing and/or using them.
    6. Comments. All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Service, including, without limitation, all data generated through the use of the Service (collectively, "Comments") will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
  15. Software Updates and Information Provided. GameStop may offer software updates to the GameStop App Software from time to time, for feature enhancement, security enhancement, compatibility enhancement, operation enhancement, bug fixes, patches, or other purposes. GameStop recommends that you accept and install these updates when made available to you after release. Further, GameStop may require that you accept and install these updates as a condition of your continued use of the Service, the Products and/or your Account. The GameStop App Software may automatically check for software updates, and you consent to the automatic installation of any such updates. Further, the Service and the GameStop App Software may automatically provide GameStop with data and information regarding your personal computer equipment, hardware, available disk space, Internet connectivity, operating system and other aspects of your use of the Service or Products. This information and data is intended to help GameStop and its licensors improve the Service, the GameStop App Software and the efficiency of Product delivery and activation. You expressly consent to the transmission and provision of this data and information to GameStop and its licensors, and the use of the data and information by them.
  16. Termination.
    1. Termination by GameStop. If you fail, or GameStop suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide GameStop with a valid credit card, PayPal account or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the any usage rules or software license referenced in this Agreement, or infringement or other violation of a third party’s rights, GameStop, at its sole discretion, without notice to you may: (a) terminate this Agreement and/or your Account, in which event you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (b) terminate the license to the GameStop App Software; and/or (c) preclude access to the Service (or any part thereof).
    2. Termination of the Service. GameStop reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and GameStop shall not be liable to you or to any third party should it exercise such rights.
    3. Effect of Termination. If this Agreement is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of the Services on our servers or otherwise in our possession and we will have no liability to you or any third party for doing so or for failing to do so. Following termination, you will not be permitted to use the Service. If your account or your access to the Service is terminated, we reserve the right to exercise whatever means we deems necessary to prevent unauthorized access to the Service, including, but not limited to, technological barriers, IP mapping and direct contact with your Internet Service Provider. If this Agreement is terminated, you must immediately pay us any fees that you owe us. Regardless of whether you have the right to access or use the Website or the Service, the terms of this Agreement, except any license grants given to you, will survive indefinitely.
  17. General Compliance with Laws. The Service is controlled and operated by GameStop from its offices in the United States of America. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that may apply to your use of the Service.
  18. Enforcement of These Terms. GameStop reserves the right to take any steps or course of action it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to GameStop’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that GameStop has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as GameStop believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to GameStop’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
  19. No Responsibility for Third Party Materials or Websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, GameStop may provide links to certain third party websites, including, without limitation, links to official websites for software Products or software developers, distributors or publishers related to Products offered by GameStop. You acknowledge and agree that GameStop shall not be responsible for examining or evaluating the content or accuracy of any such third party materials or websites. GameStop does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third party materials in a manner that would infringe upon or violate the rights of any other party, and that GameStop shall not be in any way responsible for any such use by you.
  20. Important Safety Information for Games. To avoid muscle, joint or eye strain during personal computer game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists, or arms become tired or sore or you feel any other discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing personal computer games. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing personal computer games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a physician if these or similar symptoms occur during game play. Parents should monitor their children’s personal computer game play for signs of symptoms identified above.
  21. Disclaimer of Warranties; and Limitation of Liability.
    1. GAMESTOP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GAMESTOP MAY SUSPEND, LIMIT, OR REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. FURTHER, GAMESTOP MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; (B) THE SERVICE WILL BE SECURE; (C) THE QUALITY OF THE SERVICE OR PURCHASED OR DOWNLOADED PRODUCTS WILL MEET YOUR EXPECTATIONS; OR (D) THE SERVICE, THE GAMESTOP APP SOFTWARE, OR ANY PURCHASED OR DOWNLOADED PRODUCT WILL BE COMPATIBLE WITH YOUR PERSONAL COMPUTER SYSTEM.
    2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY GAMESTOP) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
    3. IN NO CASE SHALL GAMESTOP, ITS PARENT OR AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SERVICE, PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE SERVICE EXCEED $100 OR THE AMOUNT PAID BY YOU TO US, WHICHEVER IS GREATER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, IN SUCH STATES OR JURISDICTIONS, GAMESTOP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    4. GAMESTOP WILL USE REASONABLE AND APPROPRIATE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND GAMESTOP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    5. GAMESTOP DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GAMESTOP DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN COMPUTER SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR DOWNLOADED THROUGH THE SERVICE.
  22. Indemnity and Waiver. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GAMESTOP, ITS PARENT AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WITH RESPECT TO ANY CLAIMS AND/OR ATTORNEYS’ AND EXPERTS’ FEES (AND ANY OTHER COSTS) INCURRED BY GAMESTOP, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY GAMESTOP AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THEREFORE, YOU CANNOT AND SHALL NOT SUE OR RECOVER ANY DAMAGES FROM GAMESTOP, ITS PARENT AND ITS AFFILIATES, AND/OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GAMESTOP’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  23. Changes; Modifications; and Supplements. GameStop reserves the right, at any time and from time to time, to update, revise, change, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, and/or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be published on this website and shall be incorporated into this Agreement and become effective immediately upon their publication. GameStop will endeavor to provide you with notice of any material Additional Terms by email delivered to the e-mail address listed on your Account as part of your contact information. Your continued use of the Service after such publication to this website shall be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. Further, GameStop reserves the right, at any time and from time to time, to change, alter, update, replace, expand, limit, terminate or otherwise modify the Service without notice or liability to you.
  24. Notices. GameStop may send you notice with respect to the Service or your Account by sending an e-mail message to the e-mail address listed on your Account as part of your contact information, by sending a letter via postal mail to the contact address listed on your Account, or by a posting on the GameStop® PC Download Store. All such notices shall become effective immediately.
  25. How to Contact GameStop. If you need to contact GameStop with respect to the Service or this Agreement, you must refer to the technical support and contact information posted on the gamestop.com website. Any written inquiries intended for postal delivery to GameStop should be sent to GameStop at the following postal address: 625 Westport Pkwy, Grapevine, TX 76051.
  26. Governing Law and Jurisdiction. This Agreement and your use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Texas, notwithstanding any conflict of laws principles or doctrines. Your use of the Service may also be subject to other local, state, national, or international laws. You knowingly, voluntarily and expressly agree, to the maximum extent permitted by law, that the sole and exclusive jurisdiction and venue for any claim, suit or dispute with GameStop and/or its parent or affiliates or that in any way relate to your use of the Service or the provisions of this Agreement shall be in the U.S. Federal District Courts or the Courts of the State of Texas located in Tarrant County, Texas, USA.
  27. Claims Limitation. To the maximum extent permitted by law, you expressly, knowingly and voluntarily agree that any and all lawsuits, causes of action and/or claims against GameStop and/or its parent or affiliates shall be forever waived, barred and released unless properly brought and filed in a court of competent jurisdiction within one (1) year from the date upon which said lawsuit, cause of action or claim accrued.
  28. Miscellaneous. This Agreement (including, without limitation, the documents referenced herein) constitutes the entire and integrated agreement between you and GameStop with respect to your use of the Service and the subject matter hereof, and this Agreement supersedes and replaces any and all prior and contemporaneous agreements between you and GameStop with respect to the Service and said subject matter. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GameStop’s failure to enforce any right, remedy or provisions in this Agreement shall not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or illegal, the other provisions will remain in full force and effect. GameStop shall not be responsible for failures to fulfill any obligations due to causes beyond its control.