Effective Date: September 14, 2022
We may revise these Terms to reflect changes to the Program, our users’ needs, our business priorities, or changes in laws and regulations. We will give you notice of such revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Program. Your continued use of the Program after any such update constitutes your binding acceptance of such changes.
THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT, AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
Membership in the Program is valid only at participating GameStop U.S. and Guam retail store locations and online at www.GameStop.com. Except where GameStop explicitly provides, membership is not valid for alternate locations such as NFT marketplaces. Membership is open to residents of the United States who are 13 years of age or older. If a Member is between 13 and the age of majority in his/her state, then the Member agrees that he/she has obtained permission from a parent or legal guardian to access, join, or use the Program. GameStop does not knowingly collect information from children under 13. If you are a parent, guardian, or other person and become aware of information collected from an individual under 13, please contact us immediately by toll-free phone at 1-877-676-GAME (4263) or via the Contact Us section below.
To participate in the Program or to sign up for a Membership, you will create an account (the “Account.”). You may have only one (1) Account as part of the Program. Creation of multiple Accounts can result in termination of all your Membership Accounts and associated activities. Members are responsible for maintaining accurate and updated personal information in their Account.
Members can obtain information about the Program, their Account activity, and change their profile preferences and contact information at any time by visiting www.PowerUpRewards.com. Account and Program information may also be obtained by contacting GameStop Customer Service (“Customer Service”) as described below under Contact Us.
You are responsible for notifying us if you become aware of any unauthorized use of or access to your Account. To contact us, please see the Contact Us section below. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account. GameStop will not be liable for any loss, damages, liability, expenses, or lawyers’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by GameStop or a third party due to someone else using your Account.
Advertising, Marketing Materials, and Other Communications
Members agree to receive advertising, marketing materials, and other communications, including but not limited to, email, SMS text, telephone, push notifications or direct mail, unless expressly prohibited by law.
Membership cards, points, offers, reward certificates, and any other benefits of the Program are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers, and rewards certificates do not constitute property of the Member. Accumulated points and coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of GameStop websites including, without limitation, www.GameStop.com and www.PowerUpRewards.com ("Access Codes"). Transactions completed on www.GameStop.com are subject to the Conditions of Use found at https://www.gamestop.com/disclaimer.html. Each Member has the responsibility for the use of his or her own Access Codes.
Entities or persons are prohibited from using the Program for profit and are not eligible to become Members or to accumulate points.
GameStop reserves the right at any time to modify or discontinue, temporarily or permanently, the Program (or any part thereof), with or without notice. GameStop shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Program. We reserve the right, but are not obligated, to limit the sales of our products or the Program to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services or related pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Program or on any related website is inaccurate at any time without prior notice.
GameStop may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Program at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Program, these Terms will terminate and all rights you have to access the Program will immediately terminate; however, certain provisions of these Terms will still apply post termination, including, without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions.
Termination of your Account may also include, at GameStop's sole discretion, the deletion of your Account and/or User Content, and you will not be able to retrieve any information related to your Account except as required by applicable law. If we terminate your right to access the Program, you will remain liable for all amounts due up to and including the date of termination. Cancellation of Membership results in loss of all accumulated points.
A Member may voluntarily cancel his or her Membership by notifying Customer Service as indicated in the Contact Us section below. Members who cancel voluntarily may not re-activate their Account.
PowerUp Rewards Pro® Membership
At time of enrollment, or at any time after initial enrollment, a Member may purchase a PowerUp Rewards Pro Membership ("Pro Member," “Pros,” or "Pro Membership") in select stores participating in the Pro Member Program. The current price for a Pro Membership is $14.99 per year for Members that elect to receive a digital copy of Game Informer (“Digital Members”) and $19.99 per year for Members that elect to receive a physical copy of Game Informer (“Physical Members”). Purchase price and terms may vary and are subject to change (in GameStop’s discretion). Subject to change without notice, a Pro Member is entitled to the following benefits commencing immediately following the purchase of the Pro Membership:
Substantiation of Claims
For illustrative purposes only, the following is an example of how members can receive $150 in annual value from the Pro membership subscription:
Exclusive Offers and Events
A Pro Member may cancel their Membership and receive a full refund within 2 days of purchase of the Membership if the Member has not used any of the Pro benefits, including earning points or discounts, subject to certain conditions. Upon returning the Pro Membership materials, the Pro Membership will be downgraded to the free Player PowerUp Rewards. A Member may cancel his or her Pro Membership at any time (without refund) by notifying Customer Service by mail, email, or telephone (see Contact Us below). GameStop, in its sole discretion, reserves the right to cancel an individual Pro Membership by refunding the purchase price. Cancellation will result in the loss of any bonus points accumulated during the Pro Membership.
In the event a Pro Member does not pay to renew their Membership after the 1-year period, the Member's Account will be downgraded to the free Player PowerUp Rewards Membership. Downgrade for failure to renew will not result in the loss of accumulated points, except where a qualifying purchase or trade is not made within 3 months.
Accumulation of Points
As of May 16, 2022, only Pro Members accumulate points. Pros accumulate 20 points for every $1 spent on any eligible product purchase, excluding the purchase of GameStop gift cards, when a Member's account number is provided at time of purchase of eligible products in store or online. Rates are subject to change without notice.
Select other products may, at any or all times, accumulate lower or zero-point values at GameStop's sole discretion.
Player Members do not accumulate points.
The dollar amount of any eligible product purchased will be rounded up to the nearest whole dollar before accumulated points are calculated. Point calculations are based upon dollars spent at checkout on eligible purchases less taxes, fees, delivery charges, rebates, or other excluded charges.
Points cannot be accumulated on purchases made before a Member initiates an Account and Members cannot view the accumulation of their points or redeem their points for rewards until the account profile is completed at www.gamestop.com/create-account.
Points will post to a Member's Account within approximately 24-48 hours from the time of purchase. Points for online orders may not post until the entire order has been fulfilled. Members are responsible for ensuring that their points are properly credited. If proper credit does not appear on the Member's activity statement, the Member should contact Customer Service within 30 days of the purchase. No adjustments to a Member's Account will be made after 30 days from the actual purchase date, except at GameStop's sole discretion.
Members do not accumulate points for the amount of any coupons redeemed or discounts applied or other ineligible tender type. When Members return products to the store, points previously posted to a Member's Account for that purchase will be deducted from the Member's Account. Other exclusions and limitations may apply.
Except as may be required by law, in the event that a Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued.
For Pro Members, PowerUp Rewards points are valid for one year from date of posting to the Member's Account provided the Member remains active in the Program. "Active" is defined as making at least one purchase or trade in every 12-month period. If at least one qualifying purchase or trade is made every 12 months, the expiration date of the accumulated points is extended for 12 months from the date of the qualifying purchase. If a qualifying purchase or trade is not made within 12 months, all accumulated points shall be forfeited and the Account is subject to closure at GameStop's discretion.
For Player Members, PowerUp Rewards points are valid for 3 months from date of posting to the Member's Account provided the Member remains active in the Program. "Active" is defined as making at least one purchase or trade in every 3-month period. If at least one qualifying purchase or trade is made every 3 months, the expiration date of the accumulated points is extended for 3 months from the date of the qualifying purchase. If a qualifying purchase or trade is not made within 3 months, all accumulated points shall be forfeited and the Account is subject to closure at GameStop's discretion.
GameStop reserves the right to change expiration policies at any time without notice.
Prohibited Activities and Uses
Use of the Program for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Abuse of the Program, including failure to comply with the Terms and Conditions, may result in cancellation of the Member's Account and disqualification from participation in the Program and forfeiture of all points accrued. In connection with the enforcement of any of the Terms governing the Program, GameStop reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and costs.
Without limitation, you will not:
PowerUp Rewards Pro® Membership Autorenewal
Pro Members may opt to participate in the auto-renew program, which allows the Member to automatically renew their Pro Membership each year using payment information GameStop has on file (“Auto-renew Program”).
PARTICIPANTS IN THE AUTO-RENEW PROGRAM UNDERSTAND AND EXPRESSLY AGREE THAT, UNLESS THEY CANCEL, 1) THEIR MEMBERSHIP IN THE PRO MEMBERSHIP PROGRAM WILL AUTOMATICALLY RENEW EACH YEAR, AND 2) THEY AUTHORIZE GAMESTOP (WITHOUT NOTICE, UNLESS REQUIRED BY LAW) TO COLLECT AND CHARGE $14.99 (IF A DIGITAL MEMBER), $19.99 (IF A PHYSICAL MEMBER), OR THE THEN-APPLICABLE MEMBERSHIP FEE EACH YEAR ON OR ABOUT THE ANNUAL ANNIVERSARY OF THE DATE THEY ENROLLED IN THE AUTO-RENEW PROGRAM (“ANNIVERSARY”) USING ANY CREDIT CARD THAT GAMESTOP HAS ON FILE FOR THEM. ALL PRICES ARE PLUS APPLICABLE TAXES. TO CANCEL, MEMBERS MUST CALL 1-800-883-8895 OR EMAIL SUBSCRIPTIONHELP@GAMESTOP.COM AT LEAST 5 DAYS BEFORE THEIR ANNIVERSARY. IF A MEMBER IS EMAILING THEIR CANCELATION, THEY MUST PROVIDE THE NAME AND EMAIL ADDRESS ASSOCIATED WITH THEIR MEMBERSHIP. CHANGES TO THE AUTO-RENEW PROGRAM WILL BE COMMUNICATED AS REQUIRED BY LAW.
Cancellation will stop further charges and stop auto-renewal of the Pro Membership; however, no prorated amounts shall be refunded to the Member upon cancellation or termination of participation in the Auto-Renew Program unless where required by law. If cancelled, a Member’s Pro Membership will be valid and continue through the end of the then-current billing cycle.
Members in the Auto-renew Program are required to maintain accurate and up-to-date payment information to participate, which may be updated by calling 1-800-883-8895 OR emailing SUBSCRIPTIONHELP@GAMESTOP.COM (but do not email us your payment information). Should payment fail, your Membership will not renew and benefits will stop effective immediately. GameStop assumes no responsibility or liability if a Member’s participation in the Pro Membership Program is suspended or otherwise expires because of outdated or incorrect payment method information.
Game Informer Magazine
Annual subscription of Game Informer Magazine, a Sunrise, Inc. (“Publisher”) publication, is included as part of the Pro Membership, and may not be cancelled for a refund separate from the original Membership except as permitted in the Terms and Conditions. Depending on your Pro Membership payment tier, Game Informer Magazine will be distributed either physically or digitally in a number of issues or publications to be determined at the discretion of the Publisher. Game Informer subscriptions are fulfilled directly from the Publisher. For changes of address, cancellations, or customer service requests as pertaining to the subscription, please contact Game Informer Magazine by mail at PO Box 144, Cedar, MN 55011, email at CustomerService@GameInformer.com, website at: https://www.gameinformer.com/help, or phone at (800) 883-8895.
Redemption of Points and Point-Management Preferences
Points may be redeemed for reward certificates of various denominations. Members redeeming points for a reward certificate for use at a GameStop store must present the reward certificate, along with valid proof of identification at the time of use. Reward certificates may be used in conjunction with most other discounts, but the total discounts may not exceed the purchase amount. Limit of three (3) of any coupon, discount, or other offer per person, per account, per day. Reward certificates of the same value are not stackable. Offers and reward certificates are not valid on prior purchases, certain products and services, purchase of gift cards, downloadable content ("DLC"), or for tax or state fees. Other restrictions may apply. Reward certificate and offer expiration dates are as listed on each certificate or offer, and reward certificates will not be replaced if lost or stolen.
The timing of when reward certificates are issued is governed by the reward preferences a Member sets and their point balance. As of May 16, 2022, all Members will have their preference set to “stockpile” their points to use in the Rewards Center.
GameStop may also change the available Member settings and point redemption options, at its sole discretion, consistent with applicable law.
PowerUp Rewards Center
In addition to reward certificates, Members may redeem points for items in the PowerUp Rewards Center by visiting www.PowerUpRewards.com. The Rewards Center is subject to change at any time without notice in GameStop’s sole discretion. GameStop also reserves the right to make different offers to different Members at different points in time.
Members redeeming points for merchandise outside of GameStop stores will receive an email confirmation including instructions for redemption. Partner coupons are provided by and are the responsibility of the partner. GameStop assumes no responsibility for their continued validity or the continued operation of the partner.
Members may make pre-order deposits (“Reservations”) toward the purchase of certain items. To redeem a Reservation, you must pay the remaining balance of product (plus any tax) at the store where the Reservation was placed when the product releases (“Release Date”). Reservations are cancellable before or up to 30 days after Release Date to receive your money (or original form of tender; e.g., a gift card or store credit) back, apply the Reservation to a new reservation-eligible product, or use the Reservation as store credit. Reservations not redeemed or cancelled within 30 days after Release Date are automatically converted into non-expiring store credit redeemable only for merchandise from GameStop. No cash redemption or refunds except as required by law. No fees are charged against the balance of Reservation. If used without your permission, Reservations will not be replaced. Reservations are issued by and represent solely an obligation of Marketing Control Services, Inc. Terms and conditions are subject to change.
Changes to the Program and the Terms and Conditions
GameStop may change the Program Terms and Conditions, in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated. The Terms and Conditions available at https://www.gamestop.com/TermsConditions.html replace all previously-published information, and Members have the responsibility to check for any updates. If the Terms and Conditions are updated, any changes will apply to all Members, including Members enrolled before GameStop posts the updated text except as may be prohibited by law.
Occasionally GameStop may test new offers, promotions, or program benefits with certain Members based on factors within GameStop’s sole discretion except as may be prohibited by law.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND GAMESTOP CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND GAMESTOP TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
INFORMAL RESOLUTION: You and GameStop will first attempt to resolve any claim informally. Accordingly, neither you nor GameStop may start a formal arbitration proceeding for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, You must deliver Your written notices via hand or first-class mail to us at GameStop, Attn: Guest Care, 625 Westport Parkway Grapevine, Texas 76051.
GOVERNING LAW: You and GameStop agree that these Terms and any Dispute you may have with GameStop, will be governed by federal law and the Federal Arbitration Act as to arbitration issues and the law of the State of Texas for all other issues, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
WE BOTH AGREE TO ARBITRATE: You and GameStop agree to resolve any dispute between you and GameStop or its affiliates (“Dispute”) through final and binding arbitration, with two exceptions. First to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) or to the extent that you believe we have violated or threatened to violate your intellectual property rights. Under such circumstances we or you may bring a lawsuit solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Second, you may bring any matter within the jurisdiction of a small claims court or similar court in which you seek less than $10,000 in a small claims court or similar court on an individual basis without a class action and without any request for injunctive relief.
WHAT IS ARBITRATION: You and GameStop mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for Disputes that arise between You and GameStop, its related and affiliated companies, successors, and assigns; and/or any current or former employee, officer, or director of GameStop or any related or affiliated company. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You and GameStop agree that this Dispute Resolution Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even if these Terms and Conditions terminate. Any revision to or termination of the Terms & Conditions that modify or terminate this Dispute Resolution Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GAMESTOP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: Except as otherwise required under applicable law, You and GameStop agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms and Conditions may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.
WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Dispute Resolution Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Dispute Resolution Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Dispute Resolution Section, including the Class Action Waiver.
WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to JAMS Mediation, Arbitration and ADR Services (“JAMS”) and us at GameStop, Attn: General Counsel, 625 Westport Parkway Grapevine, Texas 76051. You and GameStop agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties. Except to the extent that they are modified by the rules below, if You are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.
The parties agree that the applicable JAMS rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law. Unless you prefer otherwise and GameStop agrees, the arbitration shall be conducted in the county in which you reside. Or if that is not practicable, in an adjacent county as determined by JAMS.
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Dispute(s).
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(i) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(j) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(k) If You initiate arbitration, You will pay the first $250, and GameStop will pay all other filing, administrative, or hearing fees. If You are an individual person and GameStop initiates arbitration, GameStop will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Dispute(s) provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Dispute Resolution Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Dispute Resolution Section shall not be affected. Provided, however, that if the Class Action waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the County of Tarrant, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Member Content and Submissions
Member Content and Posts. The Program may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content such as reviews, ratings, pictures, and other content such as videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, "Member Content") that may or may not be viewable by other users.
GameStop does not provide any compensation, in either cash or product, for Member Content submitted to GameStop, including without limitation any potential product or software ideas or applications. If you still submit such information to us, you agree that such information shall be deemed to be non-confidential and nonproprietary, and GameStop shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information on an unrestricted basis for any purpose whatsoever, unless expressly agreed otherwise in writing by GameStop. Further, GameStop shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Member Content Representations. You acknowledge and agree that all Member Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such Member Content without violation of any third-party rights. You understand that GameStop does not control, and is not responsible for, Member Content, and that by using the Program, you may be exposed to Member Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that Member Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless GameStop for all claims resulting from Member Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
Member Content Review. You acknowledge and agree that GameStop and its designees may or may not, at GameStop's discretion, pre-screen Member Content before its appearance on the Program (but does not assume any obligation to). You further acknowledge and agree that GameStop reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any Member Content that is contributed to the Program. Additionally, GameStop has the right to remove any Member Content that violates these Terms or is otherwise objectionable in GameStop's sole discretion. You acknowledge and agree that GameStop does not verify, adopt, ratify, or sanction Member Content, and you agree that you must evaluate and bear all risks associated with your use of Member Content or your reliance on the accuracy, completeness, or usefulness of Member Content.
Our Proprietary Rights
The Program is owned and operated by GameStop and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, and services marks) that are derived in whole or in part from materials supplied by GameStop and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.
You agree to abide by all applicable copyright and other laws. You acknowledge that the Program has been developed, compiled, prepared, revised, selected, and arranged by GameStop and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of GameStop and such others.
You agree to protect the proprietary rights of GameStop and all others having rights in the Program during and after the term of these Terms and to comply with all reasonable written requests made by GameStop or its suppliers and licensors (collectively, “Suppliers”) regarding content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Program. You agree to notify GameStop immediately upon becoming aware of any claim that the Program infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Program, shall, as between you and GameStop, at all times be and remain the sole and exclusive property of GameStop. Any unauthorized use of any material contained on or through the Program may violate copyright laws, trademark laws, the laws of privacy, and publicity.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND ITS CONTENTS, WHETHER PROVIDED BY GAMESTOP, ITS LICENSORS, ITS VENDORS, OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PROGRAM, ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED, LEGAL, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. SPECIFICALLY, BUT WITHOUT LIMITATION, GAMESTOP DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OR THROUGH THE PROGRAM IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PROGRAM OR THE SERVER(S) THAT MAKE THE PROGRAM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PROGRAM CANNOT BE SUBJECT TO UNAUTHORIZED ACCESS TO CONTENT OR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GAMESTOP OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE PROGRAM, WHETHER OR NOT GAMESTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
GAMESTOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROGRAM OR ANY WEBSITE FEATURED OR LINKED TO OR THROUGH THE PROGRAM, AND GAMESTOP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. GAMESTOP WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE PROGRAM FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.
Third-Party Links and Services
The Program may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. GameStop is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that GameStop is not responsible or liable for any actual or alleged harm to be caused by or in connection with your use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Other Terms and Conditions and the PowerUp Reward Credit Card
Contests and Sweepstakes. From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.
Force Majeure. Under no circumstances shall GameStop be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No Waiver. If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and GameStop, and supersede any prior agreements between you and GameStop on the subject matter, except as expressly provided herein. These Terms, and any rights granted hereunder, may not be assigned or delegated by you. These Terms, and any rights granted hereunder, may be assigned or delegated by GameStop without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a GameStop representative. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Program for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
Notices. We may deliver notice to you by email, posting a notice on the Program website or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at GameStop, Attn: Guest Care, 625 Westport Parkway Grapevine, Texas 76051.
You may contact us regarding these Terms or related issues by mail at 625 Westport Parkway, Grapevine, TX 76051, by email at PowerUp@GameStop.com, or by toll-free phone at 1-877-676-GAME (4263).
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