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Newbies
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Shipping Guide
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Services and Tips
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My Account
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Additional Topics
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| Updated 1/22/2006 | | Table of Contents | 1. Introduction
2. Subscription Requirements
3. BILLING
3.1 Usage
3.2 Charges, Payment & Responsibilities
3.2.1 Proper Notifications of Change to Accounts
3.2.2 NSF Charges
3.2.3 Non-Payment
3.2.4 Unreturned Games
3.2.5 Lost, Unreturned, and Damaged Games
3.3 Termination of Service
4. Temporary Suspension of Service
4.1 Suspension of Service for Non-payment
5. Account Usage, Security & Password
5.1 Video and Computer Game Ratings | 6. Monitoring of Services
7. Restrictions on Use of the GottaPlay Web site
7.1 Limitation on Use
8. Web Site Content & Entertainment
8.1 Use of Submitted Information
8.2 Links
8.3 Intellectual Property
9. Indemnification
10. Limitation of Liability & Disclaimer of Warranties
11. Dispute Resolution
12. Severability
13. Complete Agreement
14. Miscellaneous | | | | 1. INTRODUCTION
This Terms of Service Agreement ("Agreement") is made between GottaPlay Interactive, Inc. ("GottaPlay") and you (referred herein as "you," "User," or "Subscriber") and governs the use of the GottaPlay Internet access service and related features ("Services"). By establishing an account or using these Services, you agree to be bound by this Agreement and to use these Services in compliance with this Agreement and the GottaPlay Acceptable Use Policy ("AUP") incorporated herein. If at any time you choose not to agree to any or all of the terms and conditions set forth in the Agreement and the AUP, you must terminate your use of these Services as set forth in Section 3. GottaPlay reserves the right to modify this Agreement and the AUP in its discretion by posting changes online at least 30 days in advance of the effective date of any changes. You are responsible for regularly reviewing the Agreement and related documents to obtain timely notice of such changes. Your non-termination or continued use of these Services after changes become effective constitutes your acceptance of this agreement as modified by the posted changes. | | [ Top ] | 2. SUBSCRIPTION REQUIREMENTS
You must be at least 18 years of age in order to subscribe to these Services. 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. If it is discovered by GottaPlay that a membership has been established by an individual under the age of 18, without the involvement of a parent or legal guardian the membership will be terminated immediately. | | [ Top ] | 3. BILLING
3.1 USAGE
You are fully responsible for all usage and charges incurred by the use of our services, including but not limited to the use of the login name/password assigned to you.
If you lose your password or suspect that it has been compromised you should promptly contact GottaPlay. It is required of all users that any services purchased from GottaPlay not be used in any manner that would be considered illegal under local, state or federal law. | | [ Top ] | 3.2. CHARGES, PAYMENTS AND RESPONSIBILITIES
The subscription fee with be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Your date of subscription will be determined by Pacific Time. For example: If you are in New York at 1:00 AM on January 3rd, your subscription date will be January 2nd as it would be 10:00 PM Pacific Time at the time of enrollment. In the event your membership began on a day not contained in a given month, we will bill your payment method on the last day of such month. For example, if you become a paying member on January 31st, your payment method would next be billed on February 28th. All charges are due and payable in advance of services rendered.
You agree that you understand and accept these Terms and Conditions and agree to pay for these services according to the billing policies currently in effect using the rates as posted on GottaPlay's website or available by mail when requested. GottaPlay will not raise prices on prepaid contracts. Prepaid membership balances or credits do not constitute prepaid contracts. Any setup fees that have been paid are non-refundable.
GottaPlay will only accept payment via a credit card or debit card for payment of regular billing; you are responsible for notifying GottaPlay of any changes to your credit card or debit card account status, including any changes in charge card numbers and/or expiration dates. Failure to do so could cause the termination of your membership without notice.
GottaPlay 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. | | [ Top ] | 3.2.1. PROPER NOTIFICATION OF DESIRED CHANGES TO ACCOUNTS
Proper notification includes timely direct contact with a member of the GottaPlay Customer Service staff in person or via mail, phone, fax or email to:
GottaPlay Interactive, Inc.
3226 Rosedale Street, Suite 200
Gig Harbor, WA 98335
Email: customerservice@GottaPlay.com
Phone: (866) 348-2800
Fax: (360) 782-0707
You agree to keep GottaPlay properly informed of your contact information including your name, postal mailing address, and telephone number. This includes your email address if you normally use an email address and credit/debit card numbers and expiration dates. | | [ Top ] | 3.2.2. NSF CHARGES AND DECLINED CREDIT/DEBIT CARDS
If payment has not been received by the 5th day after the stipulated due date, due to a declined credit or debit card, we reserve the right to access a Non Sufficient Funds charge of $5.00 per occurrence. If payment is not received within the terms specified under these Terms of Service, service can be suspended without further notice.
You agree to pay reasonable NSF fees as permitted by law, attorney fees, collection agency fees and other costs associates with collection efforts on all amounts due and owing that have not been disputed in writing. | | [ Top ] | 3.2.3. NON-PAYMENT
If we do not receive your payment when due, due to a payment method decline a NSF fee may be assessed in accordance with Section 3.2.2. | | [ Top ] | 3.2.4 UNRETURNED GAMES
Upon cancellation you will be given seven (7) business days to return any outstanding rentals. Failure to return such rentals will result in your payment method being billed a $50 replacement fee for each unreturned rental. Additionally, as long as you continue to have an unreturned game(s), you will continue to be billed the monthly charge(s) until such game(s) have been returned. Cancelling your account does not suspend your obligation to pay for services as long as you have games checked out.
If GottaPlay is unable to collect the $50.00 replacement fee for each outstanding game, your membership will be turned over to a national collection agency for further action. Further action may include but is not limited to; reporting negative activity to credit bureau's, accumulation of collection fees, and attorney's fees. | | [ Top ] | 3.2.5 LOST, UNRETURNED, AND DAMAGED GAMES
You agree to allow us to charge your credit card for the current retail or replacement price of a game, whichever is higher, in the following situations:
- If you have not returned a game to us within 7 days of canceling your free trial or paid membership;
- 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, you must have an active and current account with us and the game must be returned in playable condition via USPS registered mail within 60 days of the date of the sale. After the sooner of 60 days or the cancellation of your account, all sales become 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 membership.
To report a Lost game during mailing, report the mail loss to the USPS. The USPS
requires that you give the mail 14 postal business days from the date of mailing
before you can report it by calling 1-800-ASK-USPS (1-800-275-8777). Make absolutely sure to get a case number from them
before ending the call. Once completed, please email your case number to
customerservice@gottaplay.com or fax it to (360) 782-0707 along with your
Gottaplay username and the game you are reporting lost. | | [ Top ] | 3.3 TERMINATION OF SERVICE
This Agreement applies to you for as long as you remain a subscriber to any of the Services ("Term"). You may terminate this Agreement and your use of the Services at any time and for any reason by providing notice to the GottaPlay via the following link https://www.gottaplay.com/member.php?act=cancel_account. Phone, voicemail, email and/or failure to pay a proper billing invoice do not constitute proper notification, and you are responsible for all fees accrued to your account until proper notification is received, regardless of usage.
Cancellation will be immediate and effective in Pacific Time Zone. . WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
A cancellation confirmation will be emailed to you as well as displayed on a confirmation page when the cancellation process has been completed. Please retain for your records. (Add cancellation confirmation display)
GottaPlay may terminate this Agreement, your password, your membership, and/or your use of these Services without prior warning for any reason, including but not limited to failure to pay any charges when due, if someone using your account has violated this Agreement or the AUP. All terms and provisions of this Agreement shall survive its termination, including, without limitation: Section 1, Section 3, Section 10, Section 11, and Section 12.
GottaPlay may elect to send notice of any violations to you before termination, but is not required to do so. When a membership has been terminated, the reactivation of the old membership or the acquisition of a new membership will only be allowed by the express approval of GottaPlay. The old membership holder may be held responsible for any charges associated with installation or activation, whether it is for a new membership, or a suspended or terminated membership. Section 1, Section 3, Section 10, Section 11, and Section 12 shall survive the termination of this agreement. | | [ Top ] | 4. TEMPORARY SUSPENSION OF SERVICE
4.1 SUSPENSION OF SERVICE FOR NON-PAYMENT
If your account is in default for non-payment, your service may be interrupted. Such interruption will not relieve you from the obligation to pay GottaPlay's monthly account charges. You agree to pay GottaPlay its reasonable expenses, including attorneys and collection agency fees, incurred in enforcing its rights. Termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was cancelled or suspended, including any collection fees incurred by GottaPlay. | | [ Top ] | 5. ACCOUNT USAGE, SECURITY, AND PASSWORD
You agree that you will be the only user of your user name/password and that you will not transfer or disclose either your user name or password to any other person, except that you may at your own risk and responsibility permit other members of your family or business associates to access these Services using your user name and password. GottaPlay only allows one account per household. You shall ensure that any such users comply with this Agreement and the AUP and you will be responsible for all usage of these Services and any other services accessed through these Services on your account whether or not authorized by you. You acknowledge that you are aware that certain content accessible through these Services may contain material that is unsuitable for minors (a person under 18, as construed under the Laws of the State of Washington). You agree to supervise any minor's use of these Services through your account. Furthermore, if you have agreed to allow your minor child, or a child for whom you are legal guardian ("Minor"), to use the Service, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; (c) the consequences of any use of the Service by such Minor. | | [ Top ] | 5.1 VIDEO AND COMPUTER GAME RATINGS
Gottaplay and Gottaplay.com participate in the video and computer game industry's standardized rating system developed by the Entertainment Software Rating Board (ESRB). ESRB ratings are placed on a game's packaging to let you know the nature of the content and the ages for which the game is appropriate. You can find this information on the item description page for the game, and you can also learn more by going to the ESRB Ratings Guide posted at their web site http://www.esrb.org/ratings/ratings_guide.jsp. GottaPlay will not be held liable for any actions demonstrated by user resulting from the playing or viewing of a game.
ESRB Helps Parents Choose the Right Games for Their Families
The ESRB rating system is designed to give parents the information they need to evaluate a computer or video game before making a purchasing decision. The ratings are not meant to recommend which games consumers should buy or rent or to serve as the only basis for choosing a product. Rather, parents and legal guardians should use the ESRB ratings in conjunction with their own tastes and standards and their individual knowledge about what's best for their children or minor dependants.
ESRB recommends that parents learn about games before making a purchasing or rental decision. Game reviews printed in newspapers and publisher web sites can be excellent sources of information. For rating information, consumers can call the ESRB's toll-free ratings hotline, 1-800-771-3772.
ESRB also urges parents to talk with their children about their favorite games. Playing the games with your children helps stimulate those discussions, and playing games as a family can also be a fun way to spend time together. | | [ Top ] | 6. MONITORING OF SERVICES
GottaPlay has no obligation to monitor these Services, but may do so and disclose information regarding use of the Services for any reason if GottaPlay, in its sole discretion, believes that it is reasonable to do so, including to: (i) satisfy laws, regulations, or governmental or legal requests; (ii) operate these Services properly; or (iii) protect itself and its Subscribers. | | [ Top ] | 7. RESTRICTIONS OF USE OF THE GOTTAPLAY WEB SITE
By accessing the Gottaplay.com Web site, you agree 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 or telecommunications equipment associated with the Gottaplay.com Web site. You agree not to interfere with the servers or networks connected to the Gottaplay.com Web site or to violate any of the procedures, policies or regulations of networks connected to the Gottaplay.com Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Gottaplay.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Gottaplay.com Web site for any purpose that would be considered illegal under local, state or federal law. | | [ Top ] | 7.1 LIMITATION ON USE
Unless otherwise specified, the content on the Gottaplay.com web site is for your personal and non-commercial use only. GottaPlay grants you a limited license to access the Gottaplay.com web site for that purpose. You may not download (other than through page caching necessary for personal 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 Gottaplay.com web site without GottaPlay's express written consent. Any unauthorized use of the Gottaplay.com web site or its contents will terminate the limited license granted by us. | | [ Top ] | 8. WEB SITE CONTENT & ENTERTAINMENT
We distribute video games and other entertainment and we reserve the right to display and promote this entertainment or other information on our web site to you in any manner we choose in our sole and absolute discretion. In addition, the GottaPlay.com site allows you and other third parties to post reviews or comments concerning the video games and 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 GottaPlay.com site are those of the respective authors or producers and not of GottaPlay, or its shareholders, directors, officers, or employees. Under no circumstances shall GottaPlay, or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the GottaPlay.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the GottaPlay.com Web site.
We permit you to post reviews on the GottaPlay.com Web site in accordance with the procedures established within the GottaPlay.com Web site (Click here to view procedures) and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted by third parties on the GottaPlay.com Web site. However, we reserve the right to edit or remove such content at anytime without notice. | | [ Top ] | 8.1 USE OF SUBMITTED INFORMATION
GottaPlay is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the GottaPlay.com Web site 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 GottaPlay.com Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, irrevocable, royalty-free license to display, use, reproduce or modify that information. | | [ Top ] | 8.2 LINKS
Some of the hyperlinks on the GottaPlay.com Web site may lead to other Web sites that are not controlled by, or affiliated with, GottaPlay. In addition, other Web sites may link to the GottaPlay.com web site. GottaPlay.com has not reviewed these Web sites and is not responsible for the content or privacy policies of said Web sites. | | [ Top ] | 8.3 INTELLECTUAL PROPERTY
All content included on the GottaPlay.com Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of GottaPlay, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GottaPlay, and protected by U.S. and international copyright laws. They should not be reproduced or used without the express written permission of GottaPlay. GottaPlay is a trademark of GottaPlay Interactive, Inc. All GottaPlay.com logos, service names, button icons, page headers and scripts are trademarks or trade dress of GottaPlay. GottaPlay's trademarks and trade dress may not be used in connection with any product or service that is not GottaPlay's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GottaPlay. All other trademarks not owned by GottaPlay that appear on the GottaPlay.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GottaPlay. Nothing on the GottaPlay.com Web site is to be construed as an endorsement of our service or any part thereof unless expressly stated otherwise. | | [ Top ] | 9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GottaPlay and its subsidiaries, affiliates, officers, employees, agents, suppliers, or other partners from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys fees, arising from your use of these Services, your violation of this Agreement, or your violation of any rights of another. | | [ Top ] | 10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
You assume total responsibility for use of these services and the GottaPlay.com web site and use said services at your own risk. GottaPlay exercises no control over and has no responsibility whatsoever for the content accessible or actions taken on the internet and GottaPlay expressly disclaims any responsibility for such content or actions. GottaPlay shall not be liable for any direct, incidental, indirect, special, or consequential damages of any kind including but not limited to any loss of use, loss of business, loss of profit, loss of information or data, or interrupted communications arising out of or relating to the service. Under no circumstance will GottaPlay be liable to you or any third parties for an amount greater than the total amount of membership fees paid by you during a six month period.
GottaPlay services and web site are provided on an "as is" and "as available" basis. GottaPlay makes no representations or warranties of any kind with respect to the GottaPlay web site, its contents or our services. GottaPlay assumes no responsibility or liability for any failures, delays, errors and/or omissions of any kind relating to its web site or entertainment services.
GottaPlay disclaims any warranty written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose. GottaPlay does not warrant that these services shall be uninterrupted, error-free, or free of viruses or other harmful components. | | [ Top ] | 11. DISPUTE RESOLUTION
his agreement will be construed and enforced in accordance with the laws of the State of Washington.
You hereby irrevocably consent to the exclusive jurisdiction and venue in Washington Superior Court in Pierce County, or in the United States District Court for the Western District of Washington in Tacoma. | | [ Top ] | 12. SEVERABILITY
If any provision of this agreement is determined invalid, the remainder of this agreement shall remain valid and enforceable. | | [ Top ] | 13. COMPLETE AGREEMENT
The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings, and all other agreements, oral or written, between the parties relating to this Agreement. | | [ Top ] | 14. MISCELLANEOUS
This Agreement and the Acceptable Use Policy constitute the entire agreement between you and GottaPlay with respect to your use of these Services. GottaPlay may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement without GottaPlay's prior written consent. GottaPlay's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or rights. | | [ Top ] |
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