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GAMECARDS.COM, TERMS OF USE POLICY

BEFORE USING THE GAMECARDS.COM SITE (COLLECTIVELY THE “WEB SITE” OR THE “SERVICE”), PLEASE READ THESE TERMS OF USE POLICY, AND ANY RELATED POLICIES (INCLUDING, BUT NOT LIMITED TO, THE SITE PRIVACY POLICY AT http://www.gamecards.com/help/privacy.asp, THE SITE RETURN POLICY AT http://www.gamecards.com/help/refund_policy.asp AND THIS TERMS OF USE AGREEMENT (COLLECTIVELY, THIS “AGREEMENT”). BY USING THE GAMECARDS.COM SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE EXIT THE SERVICE AND DO NOT USE THE SERVICE OR ANY OF ITS FEATURES. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR DELETE PORTIONS OF THE AGREEMENT WITHOUT NOTICE TO YOU BY POSTING UPDATED TERMS ON THE WEBSITE. ANY MODIFICATIONS, ADDITIONS, OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING.

Accuracy of Customer Information & Order Policy
You agree that all information provided, including contact and billing information is complete, accurate and true. Willful false and/or misleading information may jeopardize the validity of the order and it may be subject to being cancelled. If your account contains missing and/or inaccurate information, or provides information with the intention to mislead, we reserve the right to cancel your order(s). Your order may also be subject to cancellation if the billing card holder’s name you provide in the billing form does not match the actual card holder’s name. Your order confirmation receipt does not constitute our acceptance of the order request or our offer to sell you anything. We reserve the right at any time to accept or decline an order for any reason.

Reseller Only
GameCards.com is a reseller of all prepaid game cards listed on its website. While GameCards.com conducts a reasonable inquiry into the prepaid game cards sold and the manufacturers who provide such gaming services, GameCards.com is not a warrantor, insurer, or guarantor that the services to be provided by the game card manufacturing company. Cards sold by us to you are sold without recourse against us for any breach of contract by the provider. Any disputes regarding the usability, subscription, points provided, cost, expiration, or other terms of the card purchased must be handled directly between you and the game card manufacturing company.

Refund Policy
Non-refundable. GameCards.com does not issue refunds or accept returns and/or exchanges for any prepaid game cards under any circumstance. All sales are final. The codes will not be replaced if they are lost or stolen. The digital content of the prepaid game cards sent to you via e-mail are open items consisting of open software code and are non-returnable. No refunds or returns will be given once the prepaid game card code has been sent to the e-mail you provided in the order. You are fully responsible for that code, and no refunds or returns will be given if the code has been redeemed on or after the date of the purchase. We do not refund for account hacking, account sharing, or account trading. It is not our job to ensure that your account is not hacked.

Fraudulent Activities: Policy and Repercussions
Fraud generally involves a willful or deliberate act with the intention of obtaining an unauthorized benefit by deception or other unethical means. In addition, fraudulent activity also includes identify theft and intentionally making false claims that the game code provided in your e-mail was already redeemed prior to your purchase. Fraud or related misconduct and related misconduct will not be tolerated. Users found to have participated in such conduct will have their account immediately closed. In addition, the phone number will be trapped and the original computer IP address and game code will be traced to the fraudulent user. In conjunction with the game code provider company, local law enforcement and the FBI (Federal Bureau of Investigation), all fraudulent activities will be investigated and the individual redeeming the code will be prosecuted to the fullest extent of the law. A criminal conviction record will severly damage your employment seeking opportunities, school applications, and prevent you from obtaining a professional license to name a few.

Chargebacks
If You, in breach of this User Agreement and the Refund Policy, request a chargeback on any order from GameCards.com, GameCards.com may, at its sole discretion (1) terminate your membership registration; (2) to deny service or assistance to You; (3) cancel all outstanding PINs from any game cards you have purchased from GameCards.com and seek refund from the game providers on those PINs; (4) report information about You and the transaction to a chargeback abuser database; and (5) collect the amount due from You directly, including through legal action, if necessary.

Lost Points, Subscriptions or Problems with the Card, Etc.
Notwithstanding the above, any claims by You for lost points, subscriptions, problems with the game card code, and other matters related directly to Your usage of a game card must be made to the game card manufacturing company.

Rules for Use of the Service
By using the Service, including by registering for the Service, purchasing items from the Service, or by using any other features of the GameCards.com Web Site, you agree to the following rules:

  1. You may not submit customer information anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide false information about yourself.
  2. We reserve the right to verify first time customers for fraud prevention purposes.
  3. You are solely responsible for the game code you receive in the e-mail address provided in the order. GameCards.com is not responsible or liable for any account sharing, hacking or similar activities. GameCards.com does not issue refunds and/or exchanges for misuse of the code once it has been sent to your e-mail address. You understand that no refunds and/or exchanges will be given once the open item code has been sent to the e-mail in the order.
  4. By using the GameCards.com Web Site, you agree to abide by these rules. You agree that GameCards.com has the right to cancel an order if, in its sole discretion, finds that it violates the Rules of Use of the Service. You further acknowledge that GameCards.com has the right to terminate your account for any reason, in its sole discretion, including violation of the Rules of the Service or these Terms of Use.
  5. If you need help with a particular game card product, namely advice how to redeem, consume or activate a game card code, please contact the game provider. We do not provide technical advice or support.


LIABILITY DISCLAIMER
GAMECARDS.COM WEBSITE SERVICE AND/OR ITS RESPECTIVE AFFILIATES, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GAMECARDS.COM SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE GAMECARDS.COM SITE AND TO THE INFORMATION THEREIN. GAMECARDS.COM AND/OR ITS RESPECTIVE AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GAMECARDS.COM SITE AT ANY TIME.

GAMECARDS.COM CORPORATION AND/OR ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE GAMECARDS.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GAMECARDS.COM AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY
YOU SPECIFICALLY AGREE THAT GAMECARDS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR ITS AFFILIATES SHALL NOT BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, OR (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL GAMECARDS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR ITS AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF $50.

YOU SPECIFICALLY AGREE THAT GAMECARDS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT GAMECARDS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN GAMECARDS.COM SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL GAMECARDS.COM AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GAMECARDS.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE GAMECARDS.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GAMECARDS.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE GAMECARDS.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAMECARDS.COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GAMECARDS.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GAMECARDS.COM SITES/SERVICES.

Miscellaneous
These Terms of Use, together with the Privacy Policy and Refund Policy, represent the entire understanding of the parties regarding the use of the GameCards.com Web Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the GameCards.com Web Sites. These Terms of Use shall be governed by and construed under State of Illinois law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the state of Illinois. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

GameCards.com Legal Counselor can be reached as follows:

Legal Department
GameCards.com
333 North Michigan Ave
Chicago, Illinois 60601
Email: