Acceptance of Terms of Use
These Terms of Use govern your use of the Gamerang service and website. By using,
visiting, or browsing the Gamerang service or 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 Gamerang service or website.
These Terms of Use are an ongoing contract between you and Gamerang and apply to
your use of the Gamerang service and website. These Terms of Use affect your rights
and you should read them carefully.
Changes to Terms of Use
Gamerang, Inc., reserves the right, from time to time, with or without notice to
you, to change these Terms of Use in our sole and absolute discretion. The most
current version of these Terms of Use can be reviewed by clicking on the "Terms
of Use" located at the bottom of the pages of the Gamerang website. The most current
version of the Terms of Use will supersede all previous versions.
Privacy
Any personally identifying information submitted through the Gamerang service or
on the Gamerang website is subject to our Privacy Policy,
the terms of which are incorporated herein. Please review our
Privacy Policy to understand our practices. The date of any changes to our
Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
Gamerang is an online subscription rental service providing its members with access
to a comprehensive library of console video games, and other audio-visual entertainment
("games") on standard definition or HD definition (either format referred to herein
as "DVD") or that may be streamed over the Internet. We offer a variety of membership
plans at varying price levels, including special promotional plans or memberships
with limitations on the number of games rentable during a month. Under DVD plans,
members select games at our website, receive them on DVD by U.S. mail and return
them using prepaid mailers, with no due dates, late fees or shipping charges. After
a DVD is returned, we mail the next available DVD.
We reserve the right in our sole and absolute discretion to make changes from time
to time and without notice in how we operate our service. Any description of how
our service works should not be considered a representation or obligation with respect
to how the service will always work. We are constantly making adjustments to our
service and often these adjustments are not completely captured within these Terms
of Use.
Below is a general description concerning the operation of our DVD rental service:
- The Number of DVDs You Can Rent
A large majority of our members rent between 2-11 games per month. We provide a
number of different membership plans to accommodate a variety of game playing preferences.
Click on the "Your Account" link, located at the top of the pages of the Gamerang
website and see "Change Plans" for details on the various plans we offer. To view
your current plan and other details, click on "Membership Terms and Details" on
the "Your Account" page. In our unlimited plans, we do not establish a monthly limit
on the number of DVDs you can rent, however, the actual number of DVDs you rent
in any month will vary based on a number of factors (See "Allocation, Delivery and
Return of Rented DVDs" below). You may modify your plan in the Change Plan section
of "Your Account" if your current plan is not satisfying your game watching needs.
- Delivery Speed
We utilize a nationwide network of local distribution centers to send and receive
DVDs you have selected to rent through the U.S. Postal Service. We have located
these centers in such a manner as to provide fast and efficient delivery to our
members. Based on performance data from the U.S. Postal Service and our own analysis,
we have determined that the large majority of our members are able to receive their
DVDs in about three business day following our shipment of the requested game from
their local distribution center. Please note that not all deliveries will be from
your local distribution center. The delivery times you encounter will vary based
on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below).
At present, we send you an email letting you know when we have received a returned
game, and we also send you another email letting you know when we have shipped your
next DVD, including the anticipated day of delivery.
- No Due Dates or Late Fees
Provided you continue to be a paying member of our service, you may keep the DVDs
delivered to you as long as you like. We do not impose any required return dates
(other than upon cancellation of the service). Given that we have no required return
dates, we do not charge any late fees. You are required to return the games within
7 days following any cancellation of the service or be subject to charge for unreturned
DVDs. Also, you may be charged for games that you lose. Currently, as an additional
member benefit, we may replace the occasional lost DVD free of charge. However,
in the rare event that the number of lost DVDs on your account becomes excessive,
as we may determine in our sole and absolute discretion, we may place your account
on hold and may charge your Payment Method for the estimated cost of the lost DVD(s).
You hereby authorize us to charge your Payment Method for any lost DVD(s). We will
alert you of any potential charges for lost DVD(s) prior to charging your Payment
Method.
- Your Queue
Games that you select to rent are placed into your own Queue. You may add games
or adjust the Queue at anytime. Click the "Queue" tab to make adjustments, review
requested games or to see which games you currently have out. We determine which
games to send you based on the games in your Queue and the priority in which you
have listed them. We endeavor to ship to you the games listed highest in your Queue;
however when availability is limited, we may ship you games lower on your Queue.
At the time a game is added to your Queue, we let you know of its availability.
At present, a message indicating availability as "high availability"; "short wait";
"long wait" or "very long wait" appears as you have selected a game and it also
is stated in your Queue so you can monitor availability. To see how we define these
availability measures. The availability you experience may vary based on a number
of factors (See "Allocation, Delivery and Return of Rented DVDs" below). Adjustments
made to your Queue may not immediately impact your next shipment. In certain instances
you may have adjusted your Queue before you have received a shipment message when
in fact a shipment was already processed. The adjustments will, however, impact
subsequent shipments.
- Allocation, Delivery and Return of Rented DVDs
We reserve the right to process orders and otherwise allocate and ship DVDs among
our members in any manner that we, in our sole and absolute discretion, determine.
In addition, we will, in our sole and absolute discretion, determine the quantity
of DVDs we purchase for any particular game, their location within our distribution
network and the level of staffing and number of shipments to be processed at each
distribution center. As a result of the operational practices described in this
section, we may not always send you the top choices from your Queue, ship out your
next DVD on the same day that we receive one from you, or process orders from your
local distribution center.
At present, our goal is to ship you the DVDs listed highest in your Queue. Also,
we currently try to ship you DVDs from the distribution center closest to you so
that you get games quickly. Generally, on the same day that we receive a DVD from
you, we ship the next available DVD from your Queue. In certain instances, your
next available DVD will not ship until at least one business day following our receipt
of your returned game. This can occur, for example, when your top choices are not
available to you from your closest distribution center or the number of shipments
to be processed by the distribution center on that day has been exceeded. When one
or both of these conditions exist, your DVD will likely ship on the next business
day and may come from an alternate distribution center.
In determining priority for shipping and inventory allocation, we may utilize many
different factors, including the number and type of DVDs you rent through our service,
the membership plan you select, as well as other uses of our service by you. For
example, if all other factors are the same, we give priority to those members who
receive the fewest DVDs through our service. The type, number, mix and weighting
of the various factors impacting shipping and inventory allocation will change from
time to time and will be made in our sole and absolute discretion. As a result of
your viewing habits and our operational practices, the actual number of DVDs you
rent in any month may vary, and you may experience differentiated service during
the course of your membership. Also, such service may be different from the service
we provide to other members on the same membership plan. The type of differentiated
service you may experience includes, (i) the shipment of your next available DVD
occurring at least one business day following return of your previously viewed game,
(ii) delivery taking longer, as the shipments may not be sent from your local distribution
center and (iii) the games you receive coming from lower in your Queue more often
than our other members. These effects will not occur unless we are faced with limited
inventory at your local distribution center or when the number of shipments to be
processed by that distribution center on that day is exceeded. In our unlimited
plans, we do not establish a monthly limit on the number of DVDs you can rent.
Other factors that may affect delivery times, include, but are not limited to, (i)
the distance between the distribution center from which your DVD was shipped and
your delivery address, (ii) the timing of your placement or adjustment of games
in your Queue, (iii) circumstances impacting delivery by the U.S. Postal Service,
and (iv) any unplanned downtime of our computer systems.
We receive mail from the USPS and process returns Monday through Saturday, except
Holidays. Generally all of the returns are processed on the same day received. We
send an email to you soon after processing your return, and another email letting
you know when we have shipped your next DVD, including the anticipated day of delivery.
We make no guaranty as to the shipping and delivery of DVDs and may, in our sole
and absolute discretion, change our business practice regarding allocation, delivery
and shipping, without notice. We may from time to time revise these Terms of Use
but we will not necessarily provide you notice of the revisions. It is up to you
to review the Terms of Use frequently to determine if there have been changes. We
believe that our operational practices, including how we prioritize shipping and
inventory allocation among our members, provide a great value to all our members.
Membership and Billing
You can find the specific details regarding your membership with Gamerang at anytime
by clicking on the "Your Account" link, located at the top of the pages of the Gamerang
Web site.
- Free Trials
We encourage the use of our service through free trials. Free trials last for two
weeks or as otherwise specifically stated for eligible members. To view the specific
details regarding your free trial, if any, click on the "Your Account" link located
at the top of every Gamerang website page and click "Membership Terms and Details."
Free trials cannot be combined with any other offer. If you or another member of
your household has been a Gamerang member within the last 12 months, you are not
eligible to receive a free trial. You must have Internet access to redeem a free
trial offer.
If you have provided us a valid credit card or debit card (“Payment Method”) in
registering for your free trial, we will begin billing your Payment Method for monthly
membership fees corresponding to your membership plan plus any applicable tax at
the end of your free trial membership period unless you cancel prior to the end
of your free trial. To view the specific details of your membership plan, including
price and end date of your free trial period, click the "Membership Terms and Details"
link on the "Your Account" page. Your Payment Method will be authorized for up to
approximately one month of service as soon as you register for the free trial. In
some instances, your available balance or credit limit may be reduced to reflect
the authorization; however, no charges will be made against the Payment Method unless
you do not cancel prior to the end of your free trial membership period. You will
not receive a notice from us that your free trial membership has ended or that your
paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL
TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP
OF ANY Gamerang WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill
your Payment Method on a monthly basis for your membership plan until you cancel.
You may cancel your membership at anytime.
If you have not provided us with a Payment Method in registering for a free trial,
you will be asked to enter a Payment Method in order to continue your membership
following the free trial. If you choose to provide us a Payment Method, we will
begin billing your Payment Method following the free trial according to the terms
set forth in the Billing section below. If you do not provide us a Payment Method,
your membership will not continue and you will need to return any DVDs in your possession
within seven (7) days.
We offer a number of membership plans, including special promotional plans or memberships
with limitations on the number of games rentable in a month. Some of these promotional
memberships are offered by third parties in conjunction with the provision of their
own products and services. We are not responsible for the products and services
provided by such third parties. We reserve the right to modify, terminate or otherwise
amend our offered membership plans. Unless otherwise stated differently, month or
monthly refers to your billing cycle (See "Billing" below).
- Billing
By starting your Gamerang membership, you are expressly agreeing that we are authorized
to charge you a monthly membership fee, any applicable tax and any other charges
you may incur in connection with your use of the Gamerang service to the Payment
Method you provided during registration (or to a different Payment Method if you
change your account information). Additional charges may include gift subscription
purchases you make, games you fail to return or service level changes you request.
As used in these Terms of Use, "billing" shall indicate either a charge or debit,
as applicable, against your Payment Method, including a checking account, where
applicable. The membership fee will be billed at the beginning of your membership
and on each monthly renewal thereafter unless and until you cancel your membership.
Click on the "Membership Terms and Details" link on the "Your Account" page to see
the commencement date for your next renewal period. We automatically bill your Payment
Method each month on the calendar day corresponding to the commencement of your
membership. In the event your membership began on a day not contained in a given
month, we bill your Payment Method on the last day of such month. For example, if
you became a paying member on January 31st, your Payment Method would next be billed
on February 28th. You acknowledge that the amount billed each month may vary from
month to month for reasons that include differing amounts due to promotional offers,
differing amounts due to changes in your membership plan, changes in the amount
of applicable sales tax, and charges for lost DVDs or DVDs not returned upon cancellation
or termination of your membership, and you authorize us to charge your Payment Method
for such varying amounts. Your Payment Method will be authorized for up to approximately
one month of service during free trials requiring a Payment Method; however, no
charges will be made against the Payment Method unless you do not cancel prior to
the end of your free trial. We may also periodically authorize your card in anticipation
of membership or related charges. All fees and charges are nonrefundable and there
are no refunds or credits for partially used periods. At any time, and for any reason,
we may provide a refund, discount, bonus disc or other consideration to some or
all of our members ("credits"). The amount and form of such credits, and the decision
to provide them, are at our sole and absolute discretion. The provision of credits
in one instance does not entitle you to credits in the future for similar instances,
nor does it obligate us to provide credits in the future, under any circumstance.
We may change the fees and charges in effect, or add new fees and charges from time
to time, but we will give you advance notice of these changes by email. If you want
to use a different Payment Method or if there is a change in your credit card validity
or expiration date, you may edit your Payment Method information by clicking on
the "Your Account" button, available at the top of the pages of the Gamerang Web
site. If your Payment Method reaches its expiration date and you do not edit your
Payment Method information or cancel your account (see, "Cancellation" below), you
authorize us to continue billing that Payment Method and you remain responsible
for any uncollected amounts.
- Ongoing Membership
Your Gamerang membership will continue in effect unless and until you cancel your
membership or we terminate it. You must cancel your membership before it renews
each month in order to avoid billing of the next month's membership fees to your
Payment Method. We will bill the monthly membership fee plus any applicable tax
to the Payment Method you provide to us during registration (or to a different Payment
Method if you change your account information).
- Cancellation
You may cancel your membership to Gamerang at anytime, and cancellation will be
effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH
MEMBERSHIP PERIODS OR UNWATCHED GAMES. To cancel, click the words "Cancel Membership"
on the "Your Account" page and follow the instructions for cancellation under the
heading "Cancel Membership." Upon cancellation, you are given seven (7) days to
return any outstanding rentals. Failure to return such rentals will result in your
Payment Method being billed for such items. We will send you a reminder email concerning
unreturned discs prior to charging your Payment Method.
We reserve the right to terminate your account for any or no reason.
Features & Functionality
- Community
Our Community feature provides you with a number of ways to share your Gamerang
experience with others. We are continually making changes and improvements to this
feature, and therefore the available features and information that is shared may
change from time to time. These changes may take place without notice to you and
may not be described in these Terms of Use.
Our community feature is itself composed of a number of features, such as Friends,
Member Reviews and Favorites (or "Faves"). These are all designed to share information
with others – the essence of community. Again these features may change or even
be eliminated without notice to you. We may not describe all these features in the
Terms of Use or elsewhere on our website. We hope that you find our Community feature,
as it may change from time to time, to be a great way to share information and discover
new games. However, if you no longer wish to participate in our Community feature,
you may remove yourself from the Community feature at anytime by unchecking the
box "Allow this User to Participate in Community Features" which can be found by
clicking on the "Your Account" link, selecting the "Account Profiles" link (located
in the Account Information Box) and then selecting "edit".
BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM,
INCLUDING OTHER MEMBERS OF THE Gamerang COMMUNITY, Gamerang MEMBERS AND OTHER VISITORS
TO THE Gamerang WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY
IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY
FEATURES.
Use of the Community feature is for your personal, non-commercial use and is at
your own option and risk.
There are different elements to Gamerang Community, each with its own degree of
associated information sharing and features. These elements may change without notice
to you and the degrees of associated information sharing and functionality may also
change without notice.
Anyone who participates in the Gamerang Community is automatically given an anonymous
screen name ("nickname") and a generic avatar photo to represent them in public.
You can update your screen name or photo/image avatar at any time, as often as desired,
to identify yourself in connection with your Account profile. We supply this pseudonym
on your behalf so that any presented information is not personally identifiable.
You always have the opportunity to update this automatic pseudonym with a pseudonym
of your choice, or even supply your real name, but by doing so you are choosing
to disclose your identity in connection with your reviews and ratings and other
forms of personal information on our Web site.
In addition, photos or images that you choose to post must be owned entirely by
you and cannot contain the images of, or owned by, any third party, and cannot be
infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable. You understand and agree that we
may, but are not obligated to, review this content and may delete or remove it (without
notice) in our sole and absolute discretion, for any reason or no reason. Please
also see "Use of Information Submitted" below.
- Friends®
Our Friends feature allows you to connect with those on your "Friends List" to share
information about games. To create a Friends List, just click on "Invite Friends"
at the Friends tab and follow the instructions provided. You may also connect with
Friends by accepting an invitation sent to you or by posting the HTML link (available
on the Invite Friends page) anywhere on the Internet. If you invite a friend who
is not currently a Gamerang member, your friend will be given the opportunity to
become a member in order to be on your Friends List.
Each person on your Friends List will be able to view your real name, location,
game ratings, Queue information, reviews and any comments and other information
you choose to post, and you will be able to view their real name, location, ratings,
Queue information, reviews and comments. Your Friends will also be able to see some
general information about your other Friends. Your Friends will also be able to
leave you notes, visible only to you and them. Your "Queue information" is what
games you have at home, what's currently in your Queue and what games you have rented
in the past.
Others accessing the Gamerang website will be able to see general information about
individuals using the Friends feature. For example, if an individual clicks on a
reviewer's profile, the individual will be able to see the reviewer's Friends and
the individual can continue on to see information on the various Friends' Friends.
If you are not interested in sharing any of this information with individuals on
your Friends List or with others on the website, you may remove one or all individuals
from your Friends List at any time by selecting "Remove Friend" in the Community
sidebar. Removing all individuals from your Friends List effectively removes
you from all the Friends features. You also can go to the Community Profile, and
change your setting to "Private" which allows you to participate in Friends features,
but without being seen through the Friends of your Friends.
You should be aware that your use of the Friends feature will cause information
concerning your use of the Gamerang service, such as what games you have viewed,
the games you have at home, the games you want to watch, your opinions of games
you've rated and any comments and other information you have posted, to be available
to the individuals on your Friends List. Others accessing the Gamerang website will
also be able to see general information about you through your use of Friends. Those
who see the Friends web link that you may choose to post or who receive your invitation
will know you are a Gamerang member, whether or not they join your Friends List.
We do not review the content of the e-mail invitations or the comments posted through
the Friends feature. You are responsible for such content; provided however, we
reserve the right to reject, remove or edit such content at anytime without notice.
- Favorites
Our Favorites (or "Faves") feature allows you to identify other Gamerang Community
members – including but not limited to individuals who are reviewers, Friends users,
or Game List creators – and subscribe to the content they create on the site. To
use the Favorites feature, just click on the "Save to Faves" button that accompanies
all members of the Gamerang Community. This automatically adds this person to your
Favorites list. Your Favorites are displayed on your Friends & Faves page in
the Community.
For each person on your Favorites List, you will be able to see their screen name,
location, game ratings, a listing of their Friends, Faves and Fans, reviews and
game lists. You will not be able to see Queue information, rental history, notes
sent between them and their Friends. You and your Favorites cannot exchange notes
or communications of any kind. Your Favorites will see you as a "Fan" and will see
the same screen name, location, game ratings, reviews, Friends/Faves/Fans, and game
lists.
You may remove one or all individuals from your Favorites List at any time by visiting
their profile and selecting "Remove Fave" in the Community sidebar. At any time,
you can opt out of sharing any profile information by going to the Community Profile,
and changing your setting to "Private" whereby you can be a Fan of someone, but
no one can click through to see your Profile, ratings, Friends/Faves/Fans, or other
aggregated information.
- Member Reviews and Stories
We permit you to post reviews of games, devices and applications on the Gamerang
Web site. We do not regularly review the content posted on the Gamerang Web site;
however, we reserve the right to reject, remove or edit such content at anytime
without notice. Reviews should not be posted that contain: harsh, profane or discriminatory
language; illegal, obscene, threatening, defamatory or otherwise objectionable content;
URLs, phone numbers, mailing or e-mail addresses, personal attacks on the game's,
device's or application's creative personnel; misleading information regarding the
origin of the content; or a discussion of Gamerang policies or services. Please
click on the " Reviews" link that appears on the Gamerang Web site for a link to
the guidelines for writing and posting member reviews. You understand and agree
that we may, but are not obligated to, review the content and may delete or remove
it (without notice) in our sole and absolute discretion, for any reason or no reason.
Please also see "Use of Information Submitted" below.
By submitting a review, you understand and are permitting that all information provided
in your review will be posted on our Web site. Also, when you have submitted a review
or created a game list, we will display your city and state location given at sign
up (and for game reviews, your game ratings). We also may supply a pseudonym on
your behalf so that this information is not personally identifiable. You may update
this automatic pseudonym with a pseudonym of your choice, or even supply your real
name, but by doing so you are choosing to disclose your identity in connection with
your reviews and ratings on our website.
- ProfilesSM
Our Profiles feature allows you to create separate sub-accounts, called Profiles,
under one membership plan. Each Profile will be able to have its own ratings history
and recommendations tailored to the sub-account member's tastes, its own community
of Friends, and its own Queue.
To create a new Profile, the member who created the first Gamerang account and whose
Payment Method is charged, known as the Account Owner, must click on the "Your Account"
link and click on "Add Profile." An Account Owner may create up to 4 additional
Profiles.
The Account Owner has access and control over each Profile, including all of the
information provided and features selected for that Profile such as the sub-account
member's name, password, maturity level and ability to participate in the community
features. The Account Owner's control over Profiles is exercised through use of
the Account Owner's password and therefore to maintain exclusive control, the Account
Owner should not reveal the password to anyone. In addition, if the Account Owner
wishes to prohibit sub-account members from contacting Gamerang Customer Support
and potentially altering the Account Owner's control, the Account Owner should not
reveal the last 4 digits of their Payment Method to sub-account members. A Profile's
individualized password, established by the Account Owner, allows each sub-account
member to gain access to the tailored Profile features, recommendations and Queue.
All information within each Profile is personal to that Profile and cannot be seen
by other sub-account members. The Account Owner, however, can see all such information.
The Account Owner may terminate access to any Profile by changing the sub-account
member's password and not disclosing this to that sub-account member. The sub-account
member will not be able to log in upon his or her next attempt to do so.
The Account Owner will determine how to allocate DVDs among the sub-account members
provided, however, the total number of DVDs cannot exceed the number that are available
in your plan. The Account Owner will receive e-mail delivery notices informing the
Account Owner of all DVDs shipped under the Account. The sub-accounts members will
not receive any e-mail notices.
BY ESTABLISHING A PROFILE, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING
THAT ALL SUB-ACCOUNT MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER
SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE SUB-ACCOUNT MEMBERS. BY CREATING A PROFILE,
YOU ARE EXPRESSLY CONSENTING TO Gamerang COLLECTING THE INFORMATION YOU PROVIDE
IN ESTABLISHING THE PROFILE AND UNDERSTAND THAT Gamerang WILL ASSOCIATE RATINGS
PROVIDED BY THE SUB-ACCOUNT MEMBER WITH THE INFORMATION YOU PROVIDE. The personally
identifying information is subject to our
Privacy Policy. If you do not wish to share personal information, you may
provide a pseudonym on the profile account.
Community Features. The Account Owner can control access to community features
by the Profile account. Community features include participating in the Friends
network, creating a reviewers bio and writing reviews that can be read by anyone
visiting the website. The Account Owner may restrict access to community features
during the Profile creation process or at any time by clicking on the "Your Account"
link and adjusting the Profile settings.
Maturity Levels. Profiles may be used by parents who wish to dedicate a separate
Queue to their rental of games for their children. However, the Profiles feature
is not directed at collecting information from children under the age of 13, nor
is it intended to be used by a child without involvement and oversight from a parent.
Therefore, if an Account Owner sets a G or PG rating for a Profile, the Account
Owner should use his/her own name or a pseudonym, rather than that of the child,
and should not reveal to the child the password for the Profile.
The Profiles feature allows the Account Owner to restrict the maturity level of
DVDs that may be placed in the Profile's Queue and to have the DVD mailer addressed
to the Account Owner instead of the Profile name.
Setting a maturity restriction affects which games are presented to the restricted
Profile on the Gamerang website, will block games with more mature ratings from
being added to that Profile's Queue, and will prohibit previews for the restricted
games from displaying for that Profile. However, the restriction on adding these
games to the Queue can be overridden on a game-by-game basis by entering the Account
Owner's password after clicking the 'add' button associated with the desired game.
Furthermore, the maturity restriction does not limit games that may be recommended
by or recommended to those Profiles through the Friends feature. If the recommended
game is beyond the Profile's allowed maturity level, the preview will not be viewable
and the game cannot be added to that Queue, but the Profile will be presented with
the title of the game and the synopsis that is provided through the Friends feature.
You may address any concerns or questions regarding the information collected to
Gamerang's General Counsel at 100 Winchester Circle, Los Gatos, CA 95032.
We reserve the right to modify the Profiles feature at any time without notice.
- Feeds
We currently offer RSS feeds as a convenient way to pass information about your
Gamerang account or that is publicly available on the Gamerang site to your RSS
reader or an RSS-associated website of your choice. RSS stands for Really Simple
Syndication. It allows information to be published in a standard XML format that
can be accessed via a URL. Gamerang may also choose, at any time, to provide feeds
in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including
obtaining a Feed from the Gamerang website or receiving it into an application or
website or displaying the content received from such Feeds, is at your own option
and risk, and is covered by the Terms of Use for the Gamerang Feeds, found
here. By using the Gamerang Feeds, you agree to be bound by the Terms of
Use for Gamerang Feeds. In particular, you acknowledge and agree that you are consenting
to the information about your account being transferred to the location of the Feed
as enabled by you and that your use of a Feed may cause personally identifying information
to be associated with you, even if such information is not provided by the Feed.
Applications
The Gamerang website may contain links to websites or links and/or other connections
to applications (including, without limitation, websites, widgets, software, or
other software utility) ("Application(s)"). Such Applications may be owned or operated
by third parties that are not related to, associated with or sponsored by Gamerang.
Unless otherwise noted by Gamerang on the Gamerang website, these Applications are
provided solely as a convenience to you, and Gamerang is not responsible for and
does not endorse the content of such Applications. You will need to make your own
independent judgment regarding your interaction with these Applications. You may
choose, at your sole and absolute discretion and risk, to use an Application and
such Application may interact with, connect to or gather and/or pull information
from and to your Gamerang account.. By using such Applications, you acknowledge
and agree to the following: (i) if you use an Application to share information relating
to your Gamerang account, you are consenting to the information about your account
being shared; (ii) your use of an Application may cause personally identifying information
to be publicly disclosed and/or associated with you, even if Gamerang has not provided
such information; and (iii) your use of an Application is at your own option and
risk, and you will hold Gamerang harmless for the sharing of information relating
to your Gamerang account that results from your use of an Application. You must
read all log-in boxes and other pop-up boxes closely for notices about sharing your
Gamerang account information with, through or by any other means identified on an
Application. In addition, that Application's end user license agreement, terms of
use, and/or any other documentation or materials designated by the Application will
govern your use of that Application. You may revoke an Application's access to your
Gamerang account at any time, but information shared prior to revocation may continue
to be viewable within, or otherwise continue to be used by, the Application depending
on the policies of such Application. Certain Applications may be appear to be associated
with or sponsored by Gamerang. While these Applications may utilize Gamerang trademarks
with our permission, we do not take any responsibility for the performance of the
Application or the use of any information shared with the Application. Use of Applications
is at your own option and risk. If you have any questions, concerns, complaints,
or claims about the Applications, you should contact the support or contact personnel
of the Application and not Gamerang, unless otherwise indicated by Gamerang. Gamerang
DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
If you find that you're a victim of identity theft and it involves a Gamerang account,
you should notify customer service. Then, you should report this instance to all
your card issuers, as well as your local law enforcement agency. Gamerang reserves
the right to place any account on hold anytime with or without notification to the
member in order to protect itself and its partners from what it believes to be fraudulent
activity. Gamerang is not obligated to credit or discount a membership for holds
placed on the account by either a representative of Gamerang or by the automated
processes of Gamerang.
Disclaimers of Warranties and Limitations
on Liability
THE Gamerang SERVICE, INCLUDING ALL DVDS, Gamerang INSTANT STREAMING DISCS, FEATURES,
AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Gamerang
SERVICE, THE WEBSITE AND ITS CONTENTS. Gamerang DOES NOT GUARANTEE, REPRESENT, OR
WARRANT THAT YOUR USE OF THE Gamerang SERVICE, INCLUDING SHIPMENT OF DVDS AND USE
OF OUR WATCH INSTANTLY FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU
AGREE THAT Gamerang MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE
Gamerang SERVICE, INCLUDING OUR WATCH INSTANTLY FUNCTIONALITY, OUR COMMUNITY FEATURES
OR ANY OTHER ASPECTS OF THE Gamerang SERVICE AT ANY TIME, WITHOUT COMPENSATION OR
NOTICE TO YOU. Gamerang SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS,
Gamerang READY DEVICES, AND Gamerang INSTANT STREAMING DISCS, AS DEFINED IN THE
APPLICATIONS SECTION ABOVE AND ANY DEVICES ASAND SET FORTH IN THE Gamerang READY
DEVICES SECTIONS ABOVE. Without limiting the foregoing, we assume no liability or
responsibility for any of the following: (i) content contained on or defects with
DVDs from the Gamerang service, including damage or defects occurring or caused
during shipment; (ii) errors or omissions in the content (including DVDs) delivered
by the Gamerang service or on the Gamerang website; (iii) recommendations or advice
of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions
in the shipment of DVDs; (v) any failure or interruption in the availability of
the Gamerang service and/or website, including availability of our watch instantly
functionality; (vi) delivery and or display of any content contained on the Gamerang
website or through the Gamerang service, including any games via our watch instantly
functionality or DVDs; and (vii) any losses or damages arising from the use of the
content provided on the Gamerang website or the Gamerang service itself, including
any losses or damages arising from watching instantly and/or downloading of related
software, downloading and/or use of any other software, including the remote desktop
tool offered by Customer Service, Gamerang instant streaming discs or any conduct
by users of the Gamerang service or website. TO THE EXTENT ALLOWABLE BY LAW, WE
AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE,
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, 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. We do not make any representations
with respect to the content contained on games from the Gamerang service or the
descriptions of any game content contained on our website. We do not represent or
guarantee that your use of the Gamerang service and website will be free from interruption,
loss, corruption, attack, viruses, interference, hacking, or other security intrusion
and we disclaim any liability with respect thereto. No oral or written information
or advice given by us or our authorized representative shall create a warranty or
otherwise constitute a representation binding upon Gamerang or its affiliated parties.
In no event shall Gamerang, Inc., its shareholders, directors, officers, or employees
be liable (jointly or severally) to you for personal injury or any special, incidental,
indirect or consequential damages of any kind, or any damages whatsoever resulting
from loss of use, data or profits, business interruption or any other commercial
damages or loss, 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 the Gamerang website, its contents or the Gamerang service, including any DVDs,
Gamerang instant streaming discs, features or functionalities associated therewith.
In no event shall our total liability to you for all damages for losses arising
from the use or inability to use our website, its contents or the Gamerang service,
including any DVDs, Gamerang instant streaming discs, features or functionalities
associated therewith (other than as may be required by applicable law in cases involving
personal injury) exceed the amount of one month's membership fee on your membership
plan. The foregoing limitations will apply even if the above stated remedy fails
of its essential purpose. 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.
Intellectual Property
- Copyright
The Gamerang instant streaming discs and all content included on the Gamerang Web
site and delivered to members as part of the service, including DVDs, games you
can watch instantly, text, graphics, logos, designs, photographs, button icons,
images, audio/video clips, digital downloads, data compilations, and software, are
the property of Gamerang, Inc., or its suppliers and are protected by United States
and international copyright laws or other intellectual property laws and treaties.
The compilation of all content on this site is the exclusive property of Gamerang,
Inc., and protected by U.S. and international copyright laws. Content shall not
be reproduced or used without express written permission from Gamerang, Inc., or
its suppliers. Gamerang does not promote, foster or condone the copying of DVDs
or any other infringing activity. The use of the Gamerang service, including DVDs
rented to you by us and the Gamerang instant streaming discs is solely for your
personal and non-commercial use. Please see the instructions at the end of these
Terms of Use for notifying us of the presence of any allegedly infringing content
on the Gamerang website.
- Trademarks
Gamerang and Friends are registered trademarks of Gamerang, Inc. The Gamerang logo,
Gamerang.com, Profiles are trademarks or service marks of Gamerang, Inc. The Gamerang
website, including but not limited to its graphics, logos, page headers, button
icons, scripts and service names constitute trade dress of Gamerang, Inc. The trademarks,
service marks and trade dress of Gamerang may not be used or reproduced without
prior written approval from Gamerang, Inc. and may not be used in connection with
any product or service that is not affiliated with Gamerang, in any manner that
is likely to cause confusion among customers, in any manner that dilutes the rights
of Gamerang, or in any manner that disparages or discredits Gamerang. The Sonic
Eagle and Mailbox logos are trademarks of the United States Postal Service and are
used only with the permission of the United States Postal Service (USPS is not affiliated
with, connected to, sponsored by, or a sponsor of, Gamerang.) Other trademarks that
appear on the Gamerang website are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by Gamerang. Any images
of persons or personalities contained on the Gamerang website are not an indication
or endorsement of Gamerang or any particular product or our service unless otherwise
indicated.
- Patents
The U.S. Patent & Trademark Office issued to Gamerang U.S. Patent No. 6,584,450
and U.S. Patent No. 7,024,381 that cover our subscription rental service and several
extensions, and U.S. Patent No. 6,966,484 for our mailer. Gamerang has other patents
pending that apply to the Gamerang website and our operations.
Entertainment and Website Content
We distribute game, television, and other filmed entertainment and we reserve the
right to display and promote the filmed entertainment or other information on our
website to you in any manner we choose in our sole and absolute discretion. In addition,
the Gamerang website allows you and other third parties to post reviews or comments
concerning the entertainment distributed by us. Any opinions, advice, statements,
services, offers, or other information that constitutes part of the content expressed
or made available by third parties on the Gamerang website are those of the respective
authors or producers and not of Gamerang, Inc., or its shareholders, directors,
officers, or employees. Under no circumstances shall Gamerang, Inc., or its shareholders,
directors, officers, directors, or employees be held liable for any loss or damage
caused by your reliance on information obtained through the Gamerang website. It
is your responsibility to evaluate the information, opinion, advice, or other content
available through the Gamerang website.
Use of Information Submitted
Gamerang, Inc., is free to use any comments, information, ideas, concepts, reviews,
or techniques or any other material contained in any communication you may send
to Gamerang ("Feedback"), including responses to questionnaires or through postings
to the Gamerang website, without further compensation, acknowledgement or payment
to you for any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving the Gamerang website
or other websites. Furthermore, by posting any Feedback on our site, submitting
Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive,
royalty-free irrevocable license and right to display, use, reproduce or modify
the Feedback submitted in any media, software or technology of any kind now existing
or developed in the future.
Please note Gamerang does not accept unsolicited materials or ideas for use or publication,
and is not responsible for the similarity of any of its content or programming in
any media to materials or ideas transmitted to Gamerang. Should you send any unsolicited
materials or ideas, you do so with the understanding that no additional consideration
of any sort will be provided to you, and you are waiving any claim against Gamerang
and its affiliates regarding the use of such materials and ideas, even if material
or an idea is used that is substantially similar to the idea you sent.
Occasionally we are able to identify personal CDs, DVDs or other items inadvertently
submitted to us as part of our rental return process. In such instances, we may
attempt to return the item to the sender. However, it may not always be possible
for us to identify and return your personal items. In addition, on rare occasions,
these personal CDs, DVDs or other items are re-transmitted inadvertently to members
during our normal shipping and receiving operations. We disclaim any responsibility
for and you hereby expressly release us from any liability arising from any re-transmission,
including both the shipment and receipt of such items, or failure to return personal
items inadvertently submitted to Gamerang. We encourage you to be careful in returning
items to us in our postage paid envelopes.
Service Testing
From time to time, we test various aspects of our service, including service levels,
plans, promotions, features, game availability, delivery, and pricing, and we reserve
the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the Gamerang service, you consent to receiving electronic communications
from Gamerang. These communications will include notices about your account (e.g.,
shipping and receiving e-mails and other transactional information) and information
concerning or related to our service, such as featured films or other entertainment
information or offerings. These communications are part of your relationship with
Gamerang and you receive them as part of the Gamerang membership. You agree that
any notice, agreements, disclosure or other communications that we send to you electronically
will satisfy any legal communication requirements, including that such communications
be in writing.
Customer Service
If you need assistance with your account, you may find answers and reach Customer
Service at any time here, where you will
find the answers to many frequently asked questions and information on reaching
a live Customer Service Representative.
In certain instances, Customer Service may best be able to assist you by using a
remote access support tool, which will enable us to interact directly with your
account. We provide such support service only with your permission and in your presence
(via phone and Internet connection). During the time we are providing you with remote
access support service, we have full access to your desktop. If you do not want
us to have this access, you should not consent to support through the remote access
tool, and we will do our best to assist you through other means. The Disclaimers
of Warranties and Limitations of Liability set forth in these Terms of Use expressly
apply to the use of Customer Service, including any remote desktop access tool.
Your Conduct on the Gamerang Website
By accessing the Gamerang website, you agree to use the Gamerang service, including
all DVDs, features and functionalities associated therewith, the Web site and its
content in accordance with all applicable laws, rules and regulations. In addition,
you agree not to upload, post, e-mail 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 or hardware
or telecommunications equipment associated with the Gamerang website. You also agree
not to interfere with the servers or networks connected to the Gamerang website
or to violate any of the procedures, policies or regulations of networks connected
to the Gamerang website. You also agree not to impersonate any other person while
using the Gamerang website, conduct yourself in a vulgar or offensive manner while
using our service, or use the Gamerang website for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of the Gamerang service.
While individuals under the age of 18 may utilize the service, they may do so only
with the involvement of a parent or legal guardian. While Gamerang does distribute
products that may be watched by children, we do not intentionally seek to collect
information from individuals 13 years of age and younger (see also "Profiles").
Unless otherwise specified, our DVD rental service and the content on the Gamerang
website, including content viewed through our instant watching functionality, are
for your personal and non-commercial use only and we grant you a limited license
to access the Gamerang website for that purpose. You may not download (other than
through page caching necessary for personal use, or as otherwise expressly permitted
by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce,
duplicate, publish, license, create derivative works from, or offer for sale any
information contained on, or obtained from, the Gamerang website, including but
not limited to information contained within a member or members' Queue, without
our express written consent. Gamerang does not promote, foster or condone the copying
of DVDs, digitally delivered content, or any other infringing activity. You may
not frame or utilize any framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Gamerang
without our express written consent. You may not use any meta tags or any other
"hidden text" utilizing the Gamerang name or trademarks without our express written
consent. Any unauthorized use of the Gamerang website or its contents will terminate
the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice,
for any or no reason whatsoever.
Links and Pages
Some of the hyperlinks on the Gamerang website may lead to other websites or Applications
that are not controlled by, or affiliated with, Gamerang, Inc. In addition, other
websites may link to the Gamerang website or Gamerang may include links to the websites
of businesses, including those that have associations with us through certain programs.
For example, Gamerang may include pages that display and provide information on
Applications, Gamerang ready devices or other products. These pages may provide
links to third party sites where Gamerang members may obtain or purchase such Applications
and devices. Gamerang has not reviewed these websites and is not responsible for
the offerings of any of these sites or the content, privacy policies or terms of
use of these websites or Applications. Members acknowledge and agree that Gamerang
is not responsible or liable for, and does not otherwise warrant, the actions of
these third parties, the products or contents on the websites, or the performance
of any Applications and devices. You should carefully review their privacy statements
and other terms and conditions of use. You should also refer to the section of these
terms titled "Applications" and "Gamerang Ready Devices".
Gifts
We offer for sale on the Gamerang website various Gift Subscriptions redeemable
for the Gamerang service. We will automatically bill your Payment Method for any
purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the
terms and conditions set forth on the
"Gift Subscription Purchase" page, and the redemption of Gift Subscriptions
is subject to the terms and conditions set forth on the
"Gift Subscription Redemption" page.
We also offer Gift Cards for sale through CardFact, Ltd. These cards are available
at various retailers and can be redeemed on the Gamerang Web site. For more information
and to review the complete terms and conditions of the Gift Cards.
Claims of Copyright Infringement
It is the policy of Gamerang to respect the intellectual property rights of others.
Gamerang does not promote, foster or condone the copying of DVDs or any other infringing
activity. If you believe your work has been copied in a way that constitutes copyright
infringement, are aware of any infringing material on the Gamerang website, or know
of someone who is making unauthorized use of the content of the Gamerang website,
please notify us at the address specified below of your concern by submitting a
signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Gamerang website that is claimed to
be infringing, and information reasonably sufficient to permit us to locate the
material;
(iv) Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law;
(vi) A statement that the above information is accurate, and under penalty of perjury,
that you are, or are authorized to act on behalf of, the owner of the copyright
that is allegedly infringed.
Our copyright notice hotline is (408) 540-3990 and the email address is
copyright@gamerang.com. Please note, however, that in order for your notice
to us to be effective under the Digital Millennium Copyright Act, your notice must
be in writing and contain the elements described above. We will not be able to respond
to any customer service or other issues through this phone number or email address.
For queries that are not related to copyright matters, please see other ways to
contact us.
Counter-Notification: If you are the owner or a person authorized to act
on behalf of the owner of the material, which was removed from our website or disabled
after we received a copyright infringement notice, and you have a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material, you may ask that the material be restored by sending us a counter-notification.
Section 512(g) of the Copyright Act requires that your counter-notification include
all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific
URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent
to the jurisdiction of the Federal District Court for the judicial district in which
your address is located and that you will accept service of process from the person
who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly
materially misrepresents that material was removed or disabled by mistake or misidentification
may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety
to the party who submitted the original claim of copyright infringement. The party
who submitted the original claim must then notify us with ten days that he or she
has filed an action seeking a court order to restrain you from engaging in infringing
activity relating to the material, which was the subject of the original claim of
copyright infringement. If we receive notice of such an action, we will not restore
the material. If we do not receive such notification, we will replace the removed
material and cease disabling access to it. Gamerang shall have the right to terminate
the account of any member who posts infringing material.
Written communications concerning copyright infringement or counter-notifications
under this section of our Terms of Use should be sent to the following address:
Gamerang, Inc.
Attn: General Counsel
PO BOX 14729
Santa Ana, CA 95032
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws
of the state of Delaware, without regard to conflicts of laws provisions. You and
Gamerang agree that the United States District Court for the Northern District of
California and/or the California Superior Court for the County of Santa Clara shall
have exclusive jurisdiction over any dispute between you and Gamerang relating in
any way to the Gamerang service or Web site or these Terms of Use. You and Gamerang
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. If any provision or provisions
of these terms shall be held to be invalid, illegal, unenforceable or in conflict
with the law of any jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby, and shall
remain in full force and effect.
Last Updated: July 1, 2010
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