Acceptance of Terms
This section provides the acceptable terms of usage of the website and ancillary websites for the entity known as Gamefetch, LLC otherwise referred to herein as "Gamefetch", the "Company", "we" or "us". The Gamefetch web site and all products, services and certain material provided therein the website unless otherwise stated or by ownership of third party intellectual property are owned entirely and operated directly by Gamefetch, LLC the Company. Gamefetch website, http://www.gamefetch/, and any extensions, landing pages, secondary pages, internal pages, subsidiary entity domains, domains, directories or otherwise, owned and operated by Gamefetch shall be referred to herein as, the "Website", "Websites", "Property" or "Properties". Gamefetch maintains its principal offices in Northern Virginia.
Gamefetch provides its services to you by and through its Properties subject to the following Terms and Conditions of Use. Gamefetch has the sole and absolute discretion to update. modify, amend, addend or otherwise change, delete or add content to its Terms and Conditions of Use as necessary and frequently in its sole and absolute discretion for the use of its Properties.
Members should note this section and check periodically for any change in these terms. The most current version of the terms and conditions may be found on this page, and the terms and conditions found herein this page shall supersede any former versions and or any oral stipulations. This section is encompassing, inclusive and may not be modified or otherwise amended by any party other than Gamefetch at its sole and absolute discretion.
Please read the below sections carefully, and you understand by using the Websites you agree that you will abide by the following terms and conditions as set forth below:
1. Limitations on Use
To subscribe to the Gamefetch rental subscription service or purchase products, you must be eighteen (18) years of age or older and reside in one of the fifty (50) states of the United States of America. For those individuals subscribing from US military installations, Gamefetch is able to provide you with a subscription to its rental service as well as the ability to purchase products offered from the Company. Games distributed from Gamefetch products and services as well as the content on the website are for personal use only, and may not be used for any commercial use. As a member of Gamefetch rental or purchase service, Gamefetch agrees to deliver the purchased or rented games to its members and grant a limited license to access the Gamefetch website for the purpose of purchasing, trading or renting games or using the information for personal purpose. Any unauthorized use of any game, Gamefetch website or the contents thereof will terminate your membership as well as the limited license for access to our website granted by the Company.
2. Right to Terminate
We reserve the right to terminate or restrict your membership, or the use of our service, without notice, for any reason whatsoever, or for no reason whatsoever. Gamefetch further has the right to terminate where any customer violates any term or condition herein in part or in its entirety, covenant or material. Upon termination, any games of Gamefetch currently being used by customer must be returned within the time prescribed under Cancellation and pursuant to the terms therein.
A member of the subscription service may terminate their subscription at any time for the month to month subscriptions. Gamefetch does not prorate any subscription fee for the service and Gamefetch obligations to the customer for the subscription service are deemed performed upon payment for that purpose. This applies only to month to month and not to prepaid subscriptions. If the user terminates their subscription, the user shall be subject to the Cancellation policy as set forth herein.
3. Limitations on Liability
games provided through the rental and purchase service are sold, "as is". Gamefetch sells games FOB, and to ensure functionality run each game before shipment for rental or purchase. After FOB, we make no representations or warranties, whether expressed or implied, of any kind about their accuracy or functionality. We assume no liability or responsibility for any errors or omissions in the content of the Gamefetch site.
Gamefetch shall not be liable to any customer or visitor for any failures, delays, or interruptions in the delivery of any content contained on the Gamefetch site or product offered by and through the Gamefetch website. We shall not be liable for any losses or damages arising from the use of the content provided on the Gamefetch site, or to any user or third party for any conduct by users of the Gamefetch site.
Gamefetch disclaims all representations and warranties about the games we deliver, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent as provided under the law with all rights reserved. In addition, Gamefetch does not represent that the information or content on its website about any particular product or service offered through the Company is accurate or correct and that some information provided on the Gamefetch website are from third parties by and through data resource sharing and ftp access.
In no event shall Gamefetch, its managing member, members, directors, officers, or employees be liable, jointly or severally, for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, 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 any games or the information on our website. Any unenforceable section shall be survived by the remaining sections and or portions of this agreement.
4. Intellectual Property
All content and data included on the Gamefetch website, including but not limited to graphics, text, logos, button icons, html, source code, software, indicia, video, pictures, or any other displayed content on the website, is the property of Gamefetch, its suppliers, affiliates, partners, publishers, or data sharing and resource partners or contracted parties, and is protected by United States of America and international copyright laws. No content may be reproduced, copied or displayed by any third party or user without the explicit authorization of Gamefetch or the applicable third party, as described above.
Gamefetch is a registered trademark of Gamefetch, LLC trademarks may not be used in connection with any product or service that is not Gamefetch, LLC in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gamefetch. All other trademarks not owned by Gamefetch that appear on the Gamefetch site or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gamefetch. Any content, images, pictures or videos contained on the Gamefetch website that depicts any persons or personalities or in the games or products shall not be construed as an endorsement of any particular product, service or advertisement unless as otherwise stated on the website.
Any intellectual property owned by any third party and displayed on the Gamefetch website shall be marked near or about the content, in this section, or at the bottom of the webpage that displays such content or website. Please note the attributions are an indication of the ownership of such content.
Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Gamefetch reserves the right at any time after receipt of your order to accept or decline your order for any reason. Gamefetch reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.
Returns. Gamefetch only accepts returns/exchanges under the following conditions:
1.Items must be defective or improperly shipped in error on the part of Gamefetch.
2. If there is a discrepancy in your order when you receive your package please contact us within seven (7) days of receipt; after that term, you waive any right to make a claim for any discrepancy in the order or shipment. For purposes of these terms and conditions, "discrepancy" shall be defined and limited to the receipt of any product or service that is not the product or service ordered, which shall be limited to, the title of the game ordered and or the console for which the game has been ordered to work on.
3.When returning unopened products, you must contact us within seven (7) days of receipt; we will not be able to accept returns for unopened products after seven (7) days of receipt.
4.All merchandise must be in its original packaging and must include all manuals and accessories.
5.Any new products being returned must be factory sealed.
6.Merchandise that is defective requires notification to Gamefetch customer support within seven (7) days as set forth above. Upon notification, you will have to return the defective item in all original packaging within thirty (30) days of delivery. Failure to complete this process shall result in a waiver of your ability to return the item and receive a replacement.
7.Any replacements for defective items are limited to the same title for the same console platform and shall not act to exchange this item for a new or different title.
8.Any non-defective item returned pursuant to the provisions herein is subject to a 15% restock fee.
Gamefetch reserves the right and maintains and absolute discretion in the determination as to whether or not the below thresholds have been met for which substantiates the return and or exchange as set forth above.
If you use the Gamefetch site or service, you are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. Gamefetch has in place security measure to maintain privacy and the security of your billing information. However, you must also act in good faith and as a reasonable person to protect your information from unauthorized use by a third party. By using the Gamefetch web site, you agree to accept responsibility for all activities that occur under your account or password. Gamefetch is in no way liable, nor do you hold Gamefetch, its managing member, members, directors, officers, members, employees liable for any theft of your account information. Gamefetch accepts certain forms of payment. You may use a bank issued credit Card. Gamefetch does not accept cash due to security reasons or personal checks. For information about payment methods, please review the section about Membership & Billing.
Quality Control: You are also responsible for the upkeep of the games while the games are in your possession, meaning that you do not use them in a manner that would cause damage and or in a manner outside recommended usage. It is expected that you will ensure that the game disk is not kept in a place or position that will cause damage to the disk. Gamefetch checks that each game is in working order and playable prior to shipping to its customers, and confirms that each game returned is in working order and playable prior to restocking.
Damaged, Lost, Unreturned Games: In the event that any game is damaged while in your possession, you are responsible for the retail value of the game(s).In the event you fail to return games on rotation for the Program, you will be responsible for the retail value of the game, which will be charged to your credit or debit card. If the game is returned damaged, you will be responsible for the retail value of the game which will be further charged to your credit card. If we do not receive the game on a rotation for a new game, the new game will not be sent until the game has arrived, and if the game fails to arrive, you are responsible for the retail value of the game which will be charged on your credit card.
Upon cancellation, you are responsible for the game's return. Gamefetch STRONGLY recommends that you return the games using certified mail to ensure that the game is received by Gamefetch. Should the game become lost in the mail when returning the games upon cancellation, your card WILL be charged for the game(s). Therefore, again, Gamefetch suggests that if you cancel, you return the games using certified mail to ensure they are received. Additionally, if the game is returned damaged on a cancellation, your card will also be charged pursuant to the cancellation policy.
Lost Games on Rotation. Gamefetch uses a tracking system to track the mailing of each game for subscription and purchases through third party software. You agree that this tracking does track the game from fulfillment to you and back. In the event that you did not receive your game from a rotation, meaning the return of game(s) for new game(s), you must immediately notify Gamefetch. We will then, at our discretion, send you a new copy of the game. Gamefetch shall at its own and absolute discretion, and with your authorization by acceptance of these terms and conditions with use of our service perform either or a combination of the following, (1) pre-authorize your credit card for a period no longer than thirty (30) days pending the receipt of the game from the post office, which you must notify Gamefetch immediately and return said game and or, (2) should you cancel your membership with sixty (60) days from the submission of the replacement game to the lost game, your card at Gamefetch sole and absolute discretion may be authorized and or charged for the retail value of the game missing in addition to the terms as set forth under the Cancellation policy. The reason for this action is the probability that during that time the lost game may be received. Should you receive the lost game, in any circumstance, you must contact Gamefetch immediately to return the game. If your card was charged, you can return the game, and Gamefetch shall remove the authorization on your card or alternatively in the case of charging your credit card, re-credit your card, less any restocking fee.
By signing up for the subscription service, you hereby authorize Gamefetch to charge your card for the service as well as authorize your card in accordance with the terms provided herein. Additionally, you authorize Gamefetch to charge the card for any purchase, cancellation or submission of any replacement game for lost or damaged games. You agree to assist Gamefetch with any information necessary for Gamefetch to file a missing report with USPS. In the event the lost game is received, as stated, you must notify Gamefetch immediately and return the game. If Gamefetch does not receive this game within ten (10) days of notification, the authorization on your card will be charged. If Gamefetch determines by its investigation with the USPS that the game was delivered to your address, the authorization will be charged.
Membership and Billing
Recurring Billing for Rental Subscriptions. Gamefetch monthly and prepaid memberships are billed monthly in accordance with the date set forth and indicated on your Account Profile, Accordingly, you provide Gamefetch with authorization to use the billing and credit card information to charge you for the service, plus any applicable taxes depending upon your state of residence. In addition to the charges based on your subscription services, you authorize Gamefetch to charge your card consistent with the policies as set forth herein for lost, damaged, unreturned games, restocking fees, and past due subscription fees, in addition to any other policy as set forth under these terms. Billing is commenced in accordance to Membership Fees portion of this section. Finally, you authorize Gamefetch to bill your card for any purchases of any product or services from the Gamefetch website that you order. For all prepaid accounts, upon the expiration of the time prescribed in the prepaid subscription, your subscription will be charged monthly starting with the next month, unless you either upgrade your subscription or cancel your account.
Membership Fees. As a Gamefetch member, you agree that we are permitted to charge your credit card based on the monthly or prepaid subscription registration, including any applicable sales taxes, and any other charges you may incur in connection with your use of rental subscription service with Gamefetch. The non refundable membership fee will be billed in full on the first day of your paid membership and on each monthly anniversary thereafter, unless and until you cancel your membership. If you're billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid membership began on August 31st, your next billing date would be September 30th. We reserve the right to change the fee for our service without any prior approval. Any changes in the amount for our service will be notified to our customers in advance no earlier than thirty (30) days from the change. We are permitted to change our billing procedures without authorization, but will provide our customers with notification of any changes in billing cycles. The date of the next charge to your account is posted on your Account Profile page and can be accessed by logging into your account. Should your billing fail, your account may be suspended until the billing information is updated. Remember to update your information with any new expiration dates.
Membership Fee Limitations. Prepaid membership purchased through the website for our services will not be reimbursed if cancelled at any time during the prepaid period of the first 30 days. At the expiration of the prepaid period, Gamefetch will begin to bill your credit card for monthly subscription fees plus applicable sales tax at the completion of the pre-paid period unless and until you cancel your subscription. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
Rental Subscriber Purchases. As a Gamefetch member, you have the opportunity pre-owned games through our "Buy" feature. By using this feature, you agree to allow us to charge your credit card for the listed purchase price of any games you buy through "Buy" feature, plus any applicable sales tax and/or shipping fees. Prices and availability are subject to change without notice. We also reserve the right to limit what games are available for sale from our inventory, without restriction. Gamefetch does not warranty or guaranty the games other than the fact that they are in working order and playable at the time they are shipped. Gamefetch is released from any liability for the games once FOB, or Free on Board, meaning once shipped. Gamefetch cannot guaranty that you will receive the box, contents of the box or directions with used or preowned games, when games are shipped for purchase, which is the consideration for buying the games at a reduced price.
Credit Card Authorizations for Game Purchases. You agree to allow us to charge your credit card for the listed purchase price of a game, as the price is designated therein and for the following purchases, preorder of new games, purchase of new games, purchase of used games and any deficiency in the trading or use of credits from trading of games for new or used games. Otherwise as stated, you authorize to charge your card for the purchases in the following situations for rental subscriptions other than provided herein or as otherwise stated:
1.If you have not returned a game to us within ten (10) business days of canceling your paid rental subscription membership; we will charge your card for the retail value of the game(s) in your possession at the time of cancellation of your membership;
2.If you have lost a game and reported it to us as lost, or if the game is lost in the mail as it is being returned to our fulfillment center;
3.If you have damaged a game and reported it to us as damaged, or if we receive the game, and it is damaged to our fulfillment center;
4.If you have canceled your membership as a paying rental subscription member, pursuant to the terms of our service, we will authorize your credit card for the retail value of the games pending the return of the games within the ten (10) days of cancellation.
5.If you return the games after your card has already been charged for the games after cancellation, we will refund your credit or debit card for the amount of each game returned less a restocking fee per unit that is subject to change without notice of any adjustment. . If you fail to return the game within thirty (30) days from the date of the charge on your card for the game(s), you will be unable to return the game and the sale of the game is final, which the game will be returned to you at your expense.
6.If you have not returned an unplayable or damaged game within five (5) days of reporting it as unplayable or damaged.
Billing Declined. Gamefetch charges your credit card either on a monthly or pursuant to any prepaid subscription basis that covers multiple months as available from time to time by Gamefetch for your membership fee and any applicable sales tax based on the plan you have selected. If your credit card declines the recurring membership fees, you will receive a notification from Gamefetch as well as a notification in your Account Profile page indicating your billing has failed and account has been suspended. Gamefetch may attempt to continuously charge your card as it may adjust the frequency and time frame of these charges in attempt to complete the subscription charge, which you authorize Gamefetch to perform, said charge. If you fail to cure the account billing within the prescribed time, Gamefetch shall refer your account to its national licensed Credit Collection Agency. If your account is referred to the Credit Collection Agency, they will attempt to collect the unpaid membership fees and retrieve the games that have been rented to you, if they cannot retrieve the games, you will be charged the full retail value and any applicable sales taxes for each game not returned through any collection effort. All referrals to the Collection agency are subject to a $35.00 collection fee and restocking fee pursuant to this section and per game returned. Memberships are set to Suspension Status if sent to collection, and all fees and costs incurred in the collection of the outstanding balances shall be the responsibility of the breaching member. If your account is sent to collection, you will not be eligible to participate in any Gamefetch promotions for membership signups, including those promotions for canceled members ran periodically, and may be blacklisted from reactivating your account at the sole and absolute discretion of Gamefetch.
If at any time, your card becomes available for charge for failure to pay; so long as the games are not returned, Gamefetch has the right to charge your card for past unpaid membership fees and or the games outstanding, at its own and absolute discretion. Additionally, any billing failed may result in the forfeiture of any rewards granted to your account. See Section 13 for more information. You authorize Gamefetch to charge your card periodically for a reasonable time after suspension or cancellation in attempt to acquire past due subscription or outstanding games, within the limits of the law.
C. Cancellation Policy
Members who choose to cancel their membership with Gamefetch must follow the provided policy for cancellation and return. Members who cancel have ten (10) business days to return their currently rented games to Gamefetch. We strongly recommends purchasing a 'certificate of mailing' (average cost is about $0.90) from the USPS when returning games for a canceled membership to ensure that the games returned are received, as they are your financial responsibility upon canceling to return these games back to the Company.
Chargeback’s. As a member, you agree not to file any chargeback for the authorization or otherwise charge on your credit card for games outstanding that may be charged or authorized by Gamefetch in attempt to finalize the cancellation and receive outstanding games from you as our cancelled member.
The following procedure applies to returning outstanding products to Gamefetch upon cancellation:
1.You must cancel your account using the cancellation control from your account settings, emailed cancellations are not accepted or acknowledged, and accounts cannot be cancelled by contacting customer service.
NOTE: YOU SHOULD WAIT TO CANCEL YOUR ACCOUNT UPON CONFIRMATION THAT THE GAME OR GAMES CURRENTLY OUTSTANDING FROM YOUR RENTAL SUBSCRIPTION HAVE BEEN RECEIVED BY THE FULFILLMENT CENTER TO AVOID AUTHORIZATIONS OR CHARGES ON YOUR CARD FOR OUTSTANDING GAMES PENDING THEIR RETURN.
2.At the time of cancellation you will receive a notification of the games you have outstanding on your account page or by email, along with a notification of authorization on your credit card for the retail value of the games, irrespective of release.
3.If we do not receive your games within ten (10) mailing days from the date of cancellation, you authorize us to put through the authorization charge on your card for the amount as indicated in the notice after cancellation. However, Gamefetch may, at their discretion, send a second and final notice for additional time on a case by case basis.
4.YOUR CARD WILL BE CHARGED IF, you fail to return the game, the game is returned broken or does not work, the game is lost in the mail. Therefore, as indicated in the earlier parts of this document
NOTE. Gamefetch suggests that (1) you send the games with a certificate of mailing from the post office to ensure that the games are received back to the Gamefetch fulfillment center, or (2) you cancel the subscription account once the game(s) have been return and received from the fulfillment center to avoid the charge and or authorization for the outstanding games.
5.If you return the game(s) after your card has already been charged for the game(s), Gamefetch will refund your credit or debit card for the game(s) returned less any restocking fee for the return and re inventory of the game at the sole and absolute discretion of Gamefetch for which that amount shall be subject to change without notice.. Gamefetch has up to thirty (30) days to refund your account for the return of any game(s), after thirty (30) days, all transactions are final and you will not be reimbursed for the return of the game.
6.If Gamefetch is unable to charge your card on your account for the retail value of the games outstanding, Gamefetch reserves the right to refer your account to our Credit Collection Agency. If your account is referred to the Credit Collection Agency, they will attempt to collect the full retail value and any applicable sales taxes for each game not returned. All referrals are subject to a $35.00 collection fee and $7.50 restock fee per game returned. In addition, you will be responsible for any costs or fees incurred in the collection of the debt.
7.If you are a member paying through money order or certified bank check, if you fail to return the games consistent with the terms above, you will forfeit your deposit in its entirety or in part, depending on what games or products were not returned.
8.If you reported a lost or broken game within sixty (60) days from your cancellation, you will be charged for the replacement game. If the game was reported lost in the mail, and located and returned, you will be refunded the amount of the charge less the restocking fee. Any deposits will be forfeited in the amount of the game as well within the scope of this subsection and immediately preceding subsection.
9.All sales are considered final if the game is not returned within thirty (30) days of the charge, not authorization. Therefore, the game will not be restocked if returned after thirty (30) days from the date your card was charged for the games. Same applies for the deposit from those accounts paying by other approved forms of payment as set forth herein.
10. Cancellation of your account will result in a forfeiture of any rewards that have been issued to your account consistent with Section 13.
At any point for membership billing failures, suspensions, delinquency or cancellation, if games are not returned with a 'certificate of mailing' and the games get lost in the mail, the charge for the games will not be refunded irrespective of whether you did mail the games back to Gamefetch. If the game is returned broken or otherwise not in playable order, and no such notification was provided in advance of any such issue, your card will be charged for the retail value of the game.
During the course of your membership, as well as for any purchase or subscription to Gamefetch newsletter, you may receive communications from Gamefetch regarding the service, product or information you have registered to receive. In some instances, this information or communication may be a notification as required under law or any reporting acts. All notices as required under law are deemed received by method of these communications as well as any notifications within the Account Profiles.
By e-mail to: email@example.com
By Postal Mail to:
PO Box 928