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Acceptance of Terms of Use
Changes to Terms of Use
Privacy
How Our Service Works
Membership and Billing
Free Trials
Billing
Ongoing Membership
Cancellation
Features & Functionality
Community
Friends
Favorites
Member Reviews
Profiles
Feeds
Applications
Account Access; Identity Protection
Disclaimers of Warranties and Limitations on Liability
Intellectual Property
Entertainment and Web Site Content
Use of Information Submitted
Service Testing
Electronic Communications
Customer Service
Your Conduct on the Gamerang Web Site
Limitations on Use
Right To Terminate
Links and Pages
Gifts
Claims of Copyright Infringement
Disputes


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.

  • Functionality Compatibility

    Gamerang MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Gamerang READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR WATCH INSTANTLY FUNCTIONALITY. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our watch instantly functionality. Click here to view the end user license agreements.

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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