Acceptance of Terms

Welcome to GameFly. The gamefly.com website (the "Website") and the GameFly Subscription Rental Service (the "Service") are owned and operated by GameFly, Inc. (hereinafter referred to as "GameFly","we" or "us").

GameFly provides its services to you subject to the following Terms of Use, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms of Use will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms of Use on the www.gamefly.com homepage. By using, visiting, or browsing the Website, you accept and agree to be bound by these terms.

These Terms of Use:

• Govern your use of the Service and Website. By using, visiting, or browsing the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the GameFly service or Website.
• Are an ongoing contract between you and GameFly and apply to your use of the Service and Website. These Terms of Use affect your rights and you should read them carefully.
• Set forth the entire agreement regarding all the subjects we discuss herein. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) in how we operate our service. Your use of the Website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy

Any information you submit to us, or any information we collect, is subject to the GameFly Privacy Policy.

Your Account

If you use the Website or the Service, you represent and warrant that all information you supply to GameFly is complete and accurate. You must have internet access and valid U.S. credit or debit card to use the Service. We do not accept pre-paid or international credit cards. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, current credit card and billing information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with GameFly at anytime by clicking on the "Your Account" link, located at the top of the pages of the Website.

Limitations of Use

You must be 18 years of age or older and reside in one of the 50 United States or the District of Columbia to subscribe to the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The games we distribute and the content on the Website are strictly for personal and non-commercial use. We agree to deliver games to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your subscription and the limited license granted by us.

Free Trials, Trial Memberships, and Discount Introductory Offers

We offer free trials, trial memberships, and discount introductory offers of the Service to allow customers to become familiar with the many benefits of the subscription plans we offer. These trials and introductory offers are available to new (first-time) customers only, limited to one per household, and cannot be combined with any other offer. These limited trials and introductory offers are only valid in the 50 United States and the District of Columbia. A valid credit card is required. WE AUTHORIZE THE CARD UP TO THE AMOUNT OF ONE MONTHLY FEE IN ORDER TO VERIFY THE ACCOUNT. We receive no money from this transaction, even if your bank or credit card company temporarily holds the funds in your account.

We will begin billing your credit card for a monthly subscription fee (plus any applicable taxes) on the first day following the end of your trial or introductory offer period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL OR INTRODUCTORY OFFER PERIOD TO AVOID HAVING YOUR CREDIT CARD CHARGED.

During a free trial or trial membership period, customers will not be eligible to receive free shipping on used game purchases and will not accrue GameFly Rewards.

GameFly Free Trials, Trial Memberships, and Discount Introductory Offers are non-transferrable and may not be resold. GameFly does not condone the re-selling of Free Trials, Trial Memberships, and Discount Introductory Offers privately or on auction/marketplace websites, and we are under no obligation to honor re-sold Free Trials, Trial Memberships, and Discount Introductory Offer memberships. GameFly also does not offer customer support around issues that may arise from transactions re-selling GameFly Free Trials, Trial Memberships, and Discount Introductory Offers.

Credit Card Billing & Subscription Fees

Your GameFly membership will continue in effect unless and until you cancel your membership or we terminate it. By joining the Service, you agree that we are permitted to charge your credit card on a monthly basis for your subscription fee (plus any applicable taxes) and any other charges you may incur in connection with your use of the Service. The subscription fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.

GameFly is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. We also reserve the right to change our fees, but we will notify you in advance if we do so.

Shipping Policies

Our goal is to ship you the game ranked highest in your queue and to ship it from the nearest warehouse the same day we receive the prior one you returned in our warehouse or receive notification from the USPS that you placed a game in the mail. We use reasonable efforts to ship purchases from the GameFly Store within 1-2 business days after receiving your order. We currently ship six days per week (Monday through Saturday) using USPS first class mail. We do not ship during USPS holidays. We will send you an email when we have received a returned game and another email when your new game has been shipped.

We reserve the right to ship rental games among the members of our Service in any manner we determine. Depending on a variety of factors (including the amount and location of our inventory), we may not always send the top choices from your queue or ship your next game the same day we receive one from you. Please note that not all deliveries will be shipped from the warehouse closest to you. Other factors that may impact the delivery time are (i) the timing of changes to your game queue; (ii) the location of the warehouse; (iii) delivery issues within the USPS system; and (iv) technical problems within GameFly and/or the internet.

Right to Terminate

We reserve the right to terminate or restrict your subscription, or the use of our Service, without notice, for any or no reason.

Lost, Unreturned and Damaged Games

You agree to allow us to charge your credit card for the current retail price or replacement price (whichever is higher) of a game in the following situations:

• If we do not receive a game within 7 days of canceling your free trial or paid membership (an unreturned game), unless the following conditions are met:
  1. you can document that the game has been received by GameFly by using shipping with a tracking method
  2. we determine that you have sent us the exact game rented to your account
  3. the game is in good working order
• If we do not receive an unplayable game within 7 days of your reporting it to us as unplayable;
• If you have lost a game and reported it to us as lost; or
• If you have damaged a game (whether or not you reported it to us as damaged)

We recommend that you use shipping with a tracking method to return your games after canceling your account.

If we charge your credit card for an unreturned game and you wish to receive a credit, the game must be returned in playable condition via USPS registered mail within 30 days of the date of the sale. After 30 days, all sales are final. If we are unable to charge your credit card for an unreturned game, your account may be sent to a collections agency. If an overdue account is assigned for collection, you agree to pay all reasonable collection costs, attorney fees, and court costs incurred. It is further agreed that all overdue accounts shall bear interest at the maximum rate allowed by law.

If the number of lost and/or damaged games on your account become excessive, we may place your account on hold or terminate your membership.

GameFly Store Purchases

If an item that you purchase from the GameFly Store does not work (and it has not been damaged by you) and you notify us within the first 30 days after the sale date, we will, as your sole remedy, either replace it or refund your money. Prices and availability are subject to change without notice. We also reserve the right to limit quantities. Dealer orders will not be accepted without prior written permission. Free Shipping only applies to purchases of used games and is provided only to active paying members (not in their free trial period).

GameFly Store Returns Policy

Purchases from the GameFly store may be returned for a FULL refund if ALL of the following conditions are met:

• You've contacted GameFly Customer service to inform us of your damaged or unplayable game immediately. For new items, you will then receive an authorization number (RMA)
• New items are unopened OR items are in their original packaging (if the items are received damaged or unplayable with an RMA authorization number)
• Used games are received damaged or unplayable (previously reported to GameFly Customer Service)
• Manuals are included with the disc in their original case
• New or used items are returned within 30 days of shipment
• Returns that do not meet the above conditions will not be issued full refund and are subject to 80% restocking fees.

Personal Property

If we are able to identify a CD, DVD, game or other item inadvertently submitted to us as a rental return, we will make a reasonable attempt to return the item to the sender. You hereby release us from any liability arising from the receipt and attempted return of such items.

Pricing Policies

From time to time, a small number of items on the Website may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will (at our discretion) either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Gift Certificates

Gift certificates must be bought and redeemed through the Website, toward the purchase of a GameFly Subscription Plan. Gift certificate recipients will need a valid credit card to activate their gift subscription. The recipient's credit card will only be authorized. It will not be charged. Unless the recipient cancels prior to the end of the gift subscription period, GameFly will begin to bill the recipient's credit card for monthly subscription fees (plus applicable taxes) at the completion of the gift subscription period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.

Gift certificates are not redeemable for purchases from the GameFly Store or purchases from our partners. Gift certificates cannot be used to purchase additional gift certificates, are not redeemable for cash and cannot be returned for a cash refund. GameFly is not responsible for lost or stolen gift certificates. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed.

Gift certificates are non-transferrable beyond the original gift recipient and may not be resold. GameFly does not condone the re-selling of gift certificates privately or on auction/marketplace websites, and we are under no obligation to honor re-sold gift certificate memberships. GameFly also does not offer customer support around issues that may arise from transactions re-selling GameFly gift certificates.

Pre-Paid Subscriptions

Pre-paid subscriptions must be redeemed through the Website. Redemption requires a valid credit card and shipping address. Unless you cancel prior to the end of the pre-paid period, GameFly will begin to bill your credit card for monthly subscription fees plus applicable sales tax at the completion of the pre-paid period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.

Pre-paid subscriptions cannot be used to purchase items from the GameFly Store or gift certificates and cannot be returned for a cash refund. GameFly is also not responsible for lost or stolen pre-paid subscriptions. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained pre-paid subscription is redeemed.

Pre-paid subscriptions are non-transferrable and may not be resold. GameFly does not condone the re-selling of pre-paid subscriptions privately or on auction/marketplace websites, and we are under no obligation to honor re-sold pre-paid subscriptions. GameFly also does not offer customer support around issues that may arise from transactions re-selling GameFly pre-paid subscriptions.

Safe Shopping

Federal law limits your liability for unauthorized charges to your account. The Fair Credit Billing Act (FCBA) states that your credit card company (creditor) cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your account. GameFly will pay up to $50 of your liability if your credit card is used fraudulently at the Service.

We will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at the Service while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with the FCBA reporting rules and procedures.

In cases of unauthorized credit card use within a household that result in purchases from the GameFly Store, the item(s) must be returned in playable condition via USPS registered mail within 30 days of the date of the sale. After 30 days, all sales are final. In cases of unauthorized credit card use within a household that result in game rental subscriptions, we will credit up to one month of service if the games are returned in playable condition via USPS registered mail within 7 days of the date you notify us.

GameFly Rewards Program

Joining GameFly as a renting member automatically enrolls you in the GameFly Rewards program. Three months is defined as three (3) consecutive months of GameFly service with uninterrupted billing. Cancellation of your GameFly Account will reset your GameFly Rewards Level to Level Zero (0). GameFly Dollars may be awarded for being a GameFly member through the GameFly Rewards Program. GameFly Dollars are applicable toward purchases or Keeps of used games only (inclusive of tax and shipping charges). Percent-off coupons are applicable toward purchases or Keeps of used games only (exclusive of tax and shipping charges). Unused portions of redeemed GameFly Dollars will be lost at the completion of the transaction. GameFly Dollars are not redeemable for cash, and may not be applied to past orders. GameFly Rewards benefits are not transferable between accounts. GameFly Dollars issued through the GameFly Rewards program expire 90 days after being issued. From time to time, GameFly may issue special-use coupons that are only available for limited-time use and expire less than 180 days from issuance. GameFly may implement a yearly maximum amount of GameFly Dollars that an account can be awarded. GameFly may modify or terminate this program at any time and do so without notice or cause.

GameFly Referrals Program Terms

We may, from time to time, offer GameFly users the opportunity to earn rewards by referring friends to try the GameFly service ("GameFly Referrals Program"). Participation in a Referral Program may require users to submit personal information about themselves and their friends, such as name and e-mail address. By participating in a Referral Program, users agree to receive communications from GameFly, and/or from our partners that operate and maintain the Referral Program, with regards to participation in the Referral Program. The following guidelines shall apply to a user's participation in any Referral Program:

1. A valid referral is a new member who stays with GameFly for at least one (1) membership fee charge.
2. Users may earn one (1) reward for each valid referral. There is no limit to the number of overall rewards that a user may earn.
3. Only one (1) new GameFly account per household will count towards earning a reward. If multiple referrals originate from the same household based off of originating IP address and/or credit card billing or shipping address submitted by the referred users, they will be counted as a single referral credit towards earning a reward.
4. Referrals must remain GameFly members for a minimum of one (1) membership fee charge in order for a referrer to receive credit for a referral's enrollment in the GameFly Referrals Program.
5. Users may not submit multiple e-mail addresses and/or multiple credit card numbers to set up GameFly accounts in an attempt to earn a reward or an additional reward.
6. Users may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
7. A user's eligibility to earn a reward will be based on the ability to make referrals that result in new GameFly customers. Referrals to existing GameFly customers will not count towards eligibility to earn a reward.
8. Credit for referrals can only be given out for those referrals who participate using their unique referral link.
9. Users may not use Spam to obtain referrals. Users may not acquire referrals through unsolicited e-mail to persons unknown to them, or through usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
10. GameFly does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
11. "1 Month of GameFly Service" Reward is limited to the 2-Game Plan. The GameFly 2-Game Plan allows up to 2 games to be rented at any given time.

We reserve the right to modify or amend at any time these guidelines and the methods through which rewards are earned. We reserve the right to disqualify a user at any time from participation in a Referral Program if they do not comply with any of these guidelines. All information collected from a user in a Referral Program shall be subject to the GameFly Privacy Policy.

GameFly Arcade

This feature is an enhancement to your GameFly membership and is not part of the video game rental services agreed to at registration. GameFly may choose to remove the GameFly Arcade service at any time without prior warning. The contents of the GameFly Arcade service are provided "as is." We make no representations or warranties, whether express or implied, of any kind about the game content provided. We will make every effort to screen games provided before making them available, but assume no liability or responsibility for any of the content in the games provided.

The GameFly Arcade Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, games, and content, and all Intellectual Property Rights related thereto, are the exclusive property of GameFly, Inc. and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the GameFly Arcade Service. Use of the GameFly Arcade Content or materials on the GameFly Arcade Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

YOU UNDERSTAND AND AGREE THAT GAMEFLY HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE IN WHOLE OR IN PART ANY CONTENT RELATED TO THE GAMEFLY ARCADE SERVICE, INCLUDING WITHOUT LIMITATION DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON GAMEFLY’S SERVERS, AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

THE GAMEFLY ARCADE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GAMEFLY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

GAMEFLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAMEFLY ARCADE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GAMEFLY ARCADE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Intellectual Property

All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of GameFly, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from GameFly, Inc. and any other copyright holder.

You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. GameFly does not condone the copying of video games or other infringing activities.

GameFly is a registered trademark of GameFly, Inc. GameFly's trademarks may not be used in connection with any product or service that is not GameFly's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GameFly. All other trademarks not owned by GameFly that appear on the Website or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GameFly. Any images of persons or personalities contained on the Website or in games shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Web Site Content

GameFly offers synopses, reviews, instruction manuals, and user comments pertaining to the games we distribute. Under no circumstances shall GameFly, Inc. or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

Some hyperlinks on the Website may lead to other websites that are not owned or controlled by GameFly, Inc. GameFly has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. GameFly makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.

Electronic Communications

By using the Service, you agree to receive electronic communications from GameFly. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the Service and features. These communications are part of your subscription to our Service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.

Your Conduct on the GameFly.com Website

By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website;(ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.

User Reviews and Other Content

Visitors may post or submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Such posts or submissions shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. GameFly reserves the right (but not the obligation) to remove or edit such content. GameFly is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.

If you do post content or submit material, and unless we indicate otherwise, you grant GameFly and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GameFly and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; that the content is accurate; (ii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iii) that you will indemnify GameFly or its affiliates for all claims resulting from content you supply. GameFly has the right but not the obligation to monitor and edit or remove any activity or content. GameFly takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

If you believe that material on the Website is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with GameFly's designated copyright agent:

By Mail to:
President
GameFly, Inc.
PO Box 5326
Culver City, CA 90231-5326

By E-mail: copyright@gamefly.com

For your complaint to be valid under the Digital Millennium Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Disputes

You and GameFly expressly and irrevocably agree that the U.S. District Court for the Southern District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and GameFly. You and GameFly expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Limitations on Liability

THE CONTENTS OF THE GAMEFLY.COM WEBSITE, AND THE GAMES WE DELIVER ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, GAMEFLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE GAMES WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL GAMEFLY.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL GAMEFLY.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR GAME CONSOLE OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES. WHILE GAMEFLY WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, GAMEFLY WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

To Contact GameFly

If you have a question or concern about these Terms of Use, please contact GameFly Support.

By mail to:
Vice President
Customer Service
GameFly, Inc.
PO Box 5326
Culver City, CA 90231-5326