Terms of Use

 

These terms are effective as of October 1, 2016.

Please read carefully! These Terms of Use set forth important details about your relationship with Games Plus Inc., including the rights you grant to Games Plus Inc., restrictions on how you can use this web site, Games Plus Inc’s liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This website or mobile application (the “Games Plus Site”) is owned by the Games Plus Corporation and managed by Games Plus Inc. on its behalf and for the benefit of Games Plus Inc. and its affiliates and subsidiaries (“Games Plus”, “we” or “us”). By accessing, signing in, using, registering for, or purchasing merchandise from the Games Plus Site you agree to be bound by these terms of use (collectively, the “Terms”). Games Plus reserves the right to modify the Terms at any time without prior notice, and therefore, we recommend that you read these Terms carefully each time you use the Games Plus site. By using, signing in, registering for the Games Plus Site, or purchasing merchandise from the G,es Plus Site, you accept all the provisions of these Terms.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Games Plus may vary from these Terms.

Eligibility

The Games Plus Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Games Plus Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register, or purchase merchandise on the Games Plus Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Games Plus Site may be restricted for sale to persons of a certain age (depending on their state or jurisdiction of residence) and will require you to submit or provide valid proof of your age before purchasing or receiving such age-restricted merchandise.

Privacy

Games Plus believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Changes to the Games Plus Site

You agree and understand that the Games Plus Site, including any and all features available via the Games Plus Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Games Plus Site implemented after your initial access to the Games Plus Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Games Plus Site by any User or on behalf of any User (all such items are collectively referred to as “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators use of the Games Plus Site.

Registration

In order to access some features of the Games Plus Site, you may be required to register and submit an email address and select a password (“User ID”). If you register, you agree to provide us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Games Plus Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Secure Password Guidelines

As an additive security measure, Games Plus recommends the following guidelines when establishing your online profile password:

Password should contain:

  • At least 8 characters
  • At least 1 uppercase letter (A-Z)
  • At least 1 lowercase letter (a-z)
  • At least 1 numeric value (0-9)

It is also a sound practice to differentiate passwords across multiple online accounts. Using the same credentials for multiple online accounts creates the potential for security breaches.

Use of the Site/License/Services

Games Plus grants you a limited license to make personal use of the Games Plus Site. This license grant does not include: (a) any resale or commercial use of the Games Plus Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Games Plus Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Games Plus Site. Except as noted above, Users of the Games Plus Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Games Plus or any third party.

Any unauthorized use of the Games Plus Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You acknowledge and agree that we do not control the User Content posted to the Games Plus Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Games Plus Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Games Plus Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content and does not necessarily represent our views. You understand that, by using the Games Plus Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL GAMES PLUS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Ownership

As between you and us, the Games Plus Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Games Plus Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks and other marks and indicators of source or origin that are displayed on the Games Plus Site are the proprietary property of Games Plus or their respective owners, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Games Plus Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Games Plus Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES PLUS SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE GAMES PLUS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE GAMES PLUS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE GAMES PLUS SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GAMES PLUS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE GAMES PLUS SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE GAMES PLUS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GAMES PLUS SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE GAMES PLUS SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE GAMES PLUS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Games Plus is not responsible for typographical errors. Prices and availability are subject to change without notice. In-store items and prices at Games Plus retail location may vary. Some online offers are subject to prior sale and may not be available.

Games Plus reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such products and/or services in your State is restricted or prohibited. In the event of a pricing error on Gamesplusinc.com, Games Plus reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, Games Plus reserves the right to limit quantities. In this case, only one (1) of this limited quantity item may be placed in your shopping cart. Games Plus further reserves the right to cancel multiple orders of the limited quantity item purchased by the same Gamesplusinc.com User and/or shipped to the same delivery address.

Games Plus may display advertising prints for products sold through the Games Plus Site. Games Plus attempts to display the colors of the products shown on the Games Plus Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends in part, upon the computer monitor used by you.

Limitation on Liability

IN NO EVENT SHALL GAMES PLUS OR OUR RESPECTIVE AFFILIATES, OR THE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE GAMES PLUS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GAMES PLUS SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, GAMES PLUS’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE GAMES PLUS SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GAMES PLUS SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold Games Plus and our respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Gamesplusinc.com Site, (ii) your use of the Gamesplusinc.com Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

WE MAY DISPLAY ON THE GAMES PLUS SITE ADVERTISEMENTS FROM THIRD PARTIES, SUCH AS BANNER ADVERTISEMENTS AND POP-UP TEXTS, AND LINKS TO THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF SUCH ADVERTISEMENTS OR LINKS, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO SUCH ADVERTISEMENTS, ANY LINKED SITE, OR ANY LINK CONTAINED IN A LINKED SITE. THE DISPLAY OF ANY ADVERTISEMENT OR LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE ADVERTISEMENT OR LINKED SITE OR ANY CONTENT THEREIN. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE GAMES PLUS SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Placing an Order

At this time, Games Plus ships to all locations worldwide.

The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. You may purchase merchandise from this Website by using Paypal or Gift Certificate. Games Plus reserves the right to change its payment options at any time without prior notice to you.

Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Games Plus’s return policy, available under Returns/Cancellations.

Games Plus reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

To properly serve all customers, Games Plus reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. Games Plus further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the Games Plus site is expressly prohibited.Games Plus reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.

Applicable law

By visiting Games Plus Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Games Plus Site.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Games Plus in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Games Plus Site. These Terms, which shall be deemed accepted by you upon your use of the Games Plus Site, constitute the entire agreement among you, and Games Plus regarding use of the Games Plus Site. Games Plus’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate the Privacy Policy for the Games Plus Site and any notices regarding the Games Plus Site.

Contact and Violations

Please contact us with any questions, or report any violations of these Terms. You can find contact information for Games Plus here:Contact