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 and Trial Memberships
We offer free trials of the Service to allow customers to become familiar with the many benefits of the subscription plans we offer. These trials are available to new (first-time) customers only, limited to one per household, and cannot be combined with any other offer. This limited introductory free trial offer is only valid in the 50 United States and the District of Columbia. A valid credit card is required. WE AUTHORIZE THE CARD IN 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 free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL PERIOD TO AVOID HAVING YOUR CREDIT CARD CHARGED.
During the trial period, customers will not be eligible to receive free shipping on game purchases and will not accrue GameFly Rewards.
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 used game purchases within 1 business day 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 reason whatsoever, or for no reason.
Lost, Unreturned and Damaged Games
You agree to allow us to charge your credit card for the current retail price of a game in the following situations:
If you have not returned a game to us within 7 days of canceling your free trial or paid subscription;
If you have not returned an unplayable game to us within 7 days of 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).
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 60 days of the date of the sale. After 60 days, all sales are final.
If the number of lost and/or damaged games on your account becomes excessive, we may place your account on hold or terminate your subscription.
Used Game Purchases
If a game that you purchase from GameFly does not work (and it has not been damaged by you or a third party) and you notify us within the first 60 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. You must be an active paying member of our Service (not in your free trial period) to receive free shipping on used game purchases.
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 the purchase of games from GameFly or 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.
Pre-Paid Subscriptions
Prepaid 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 prepaid period, GameFly will begin to bill your credit card for monthly subscription fees plus applicable sales tax at the completion of the prepaid period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
Prepaid subscriptions cannot be used to purchase games or gift certificates and cannot be returned for a cash refund. GameFly is also not responsible for lost or stolen prepaid subscriptions. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained prepaid subscription is redeemed.
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 results in game purchases, the game must be returned in playable condition via USPS registered mail within 60 days of the date of the sale. After 60 days, all sales are final. In cases of unauthorized credit card use within a household that result in game 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 pre-played games (inclusive of tax and shipping charges). Percent-off coupons are applicable toward purchases or Keeps of pre-played 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:
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.
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.
Users must remain GameFly members for a minimum of 2 monthly membership fee charges in order to receive credit for their enrollment in the GameFly Referrals Program.
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.
Users may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
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.
Credit for referrals can only be given out for those referrals who participate using their unique referral link.
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.
GameFly does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
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 Tunes
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 music download service at any time without prior warning. GameFly is not required to provide alternate means of acquiring the music tracks featured if the user is unable or unwilling to download files to their personal computer. The contents of the GameFly Tunes music downloads are provided "as is." We make no representations or warranties, whether express or implied, of any kind about the downloadable music content provided. We will make every effort to screen music provided before making it available to download, but assume no liability or responsibility for any of the content in the songs provided.
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
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. 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 support@gamefly.com.
By mail to:
Vice President
Customer Service
GameFly, Inc.
PO Box 5326
Culver City, CA 90231-5326
