Direct2Drive - Terms of Service

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IGN ENTERTAINMENT, INC. ("IGN") STATING THE TERMS THAT GOVERN YOUR USE OF THE DIRECT2DRIVE DIGITAL RETAIL SERVICE. THIS AGREEMENT-TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF IGN'S RULES AND POLICIES-COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND IGN. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND IGN MAY REFUSE ACCESS TO THE DIRECT2DRIVE STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the Direct2Drive Service. IGN is the provider of the Direct2Drive Store (the "Service") that permits you to purchase downloads of digital content-such as video games, filmed entertainment and sound recordings-under certain terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that IGN shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

4. System Requirements. Use of the Service requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. IGN's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to IGN's Privacy Policy at http://corp.igngamespy.com/privacy.html, which is expressly made a part of this Agreement. If you have not already read IGN's Privacy Policy, you should do so now.

6. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. IGN may terminate your access to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that IGN may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

7. User Account and Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify IGN of any unauthorized use of your Account or any other breach of security. IGN shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Service, and products purchased through the Service, such as video games, filmed entertainment, sound recordings and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by IGN and/or its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by IGN for compliance purposes, and IGN reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

8. Products Requirements and Use

a. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and IGN shall be without liability to you in the event of any loss, destruction, or damage.

b. You acknowledge that Products contain security technology that limits your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.

Usage Rules.

Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

You shall be authorized to use the Products only for personal, noncommercial use.

You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules and any End User Licensing Agreement that maybe included with/in the Product, and that any other use of the Products may constitute a violation of U.S. copyright/trademark/patent laws or other intellectual property laws. The security technology is an inseparable part of the Products. The Usage Rules and any End User Licensing Agreement that maybe included with/in the Product shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. IGN reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of IGN. Accordingly, in the event that IGN changes any part of the Service or discontinues the Service, which IGN may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that IGN shall have no liability to you in such case.

9. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that IGN may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING IGN WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until IGN can verify the validity of the new credit card information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

10. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by IGN.

11. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, screen shots, video clips, demos and editorial content, contains proprietary information and material that is owned by IGN and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of IGN Content or Other Materials. Notwithstanding any other provision of this Agreement, IGN and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. In no event will IGN be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. IGN may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the Direct2Drive Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by IGN and/or its licensors. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. IGN, the IGN logo, Direct2Drive, D2D, and other IGN trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of IGN Entertainment, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

12. Termination. a. Termination by IGN. If you fail, or IGN suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide IGN with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, IGN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. IGN reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and IGN will not be liable to you or to any third party should it exercise such rights.

13. General Compliance with Laws. The Service is controlled and operated by IGN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

14. Enforcement of These Terms. IGN reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to IGN's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that IGN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as IGN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to IGN's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

15. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, IGN may provide links to certain third party websites. You acknowledge and agree that IGN is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. IGN does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

16. Disclaimer of Warranties; Liability Limitations.

a. IGN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME IGN MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY IGN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL IGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IGN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. IGN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND IGN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. IGN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND IGN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

17. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD IGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY IGN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM IGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF IGN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

18. Changes. IGN reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will posted on the Service website and will be effective 30 days after such posting and thereafter incorporated into this Agreement. Your continued use of the Direct2Drive Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

19. Notices. IGN may send you notice with respect to the Service by sending an email message to the email address listed in your IGN Account contact information, by sending a letter via postal mail to the contact address listed in your IGN Account contact information, or by a posting on the Direct2Drive Store. Notices shall become effective immediately.

20. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with IGN or relating in any way to your use of the Service resides in the courts of the State of California.

21. Miscellaneous. These Terms of Service constitute the entire agreement between you and IGN and govern your use of the Service, superseding any prior agreements between you and IGN. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. IGN's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. IGN will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Terms of Sale

SALES TO END USERS ONLY
The Direct2Drive Store sells products to end user customers only.

Direct2Drive Game Refund Policy
Direct2Drive games like retail cdroms have certain restrictions on return. Certain restrictions apply to Direct2Drive games that do not apply in retail stores.

Refunds will not be issued based on technical failure of a game, not meeting the minimum requirements to run the game on your computer or for lack of enjoyment while playing the game.  Please examine the product information page to make sure your computer meets what is required.We will however do our best to provide support links for you to obtain support form the official game support staff.
Refunds may be offered if the following conditions are met:

• The time of your request for refund/credit is less than 48 hours from time of purchase
• The game has not been activated (Trymedia activated games)
• The game activation key has not been disclosed to you by email or webpage
• We have found your request reasonable under special circumstances

We do not offer a cdrom in place of downloading. If you are having difficulty downloading our Support Agents will assist you to the best of their ability. If the issue is a firewall or router, the support for those items is your best option.

Customer Service will determine if you meet the criteria for a refund.  If you feel you qualify for a refund please contact Customer Service requesting this.
**Please note:  No refunds will be offered for MMO games where the key has been sent by e-mail.  This is a final sale.

Direct2Drive Audio and Video Refund Policy
Refunds will not be issued based on technical failure of a computer, not meeting the minimum requirements to run the file on your computer or for lack of enjoyment while playing the file.  Please examine the product information page to make sure your computer meets what is required.

• Once activated a Video or Audio file may not be returned or refunded. Only files that have not been activated will be refunded.  Our Customer Service will do their best to assist you in any issues if you have already activated your file and require further support.

Direct2Drive Customer Service cannot advise on computer hardware failure or provide official support to Windows Media Player. They will however provide links and recommendation whenever possible.

PAYMENT METHODS
The Direct2Drive Store accepts all major credit cards, as well as debit cards that display the MasterCard or Visa logo as forms of payment. If a credit card is being used for a purchase, IGN obtains a pre-approval from the credit card company for the amount of the order. Billing to your credit card occurs at the time of purchase.

The Direct2Drive Store accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

PLEASE NOTE:

• Debit cards and check cards have daily spending limits that may prevent the processing of your order.
• If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.

If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single purchase.

SALES TAX
Direct2Drive Store purchases will include all applicable sales tax based on the bill to address and the sales tax rate in effect at the time of download. If the sales tax rate for the billing address changes before the product is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where software downloads are taxable.

PRICES
The Direct2Drive Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the product plus any applicable sales tax (in effect on the day of download). IGN reserves the right to change prices for products offered at the Direct2Drive Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

GAME AVAILABILITY
The Direct2Drive Store makes every effort to provide a broad video game offering. For this reason, IGN reserves the right to change video game options without notice.

FOR ASSISTANCE WITH ORDERS
For assistance with billing questions or other order inquiries, please refer to our online support page. If you cannot find the answers you are seeking in our robust knowledge base, you can send us an email from this site. Responses to emails will be provided during the following hours:

Monday – Friday 8am – 5pm PST

We will make every effort to respond to your inquiry within 2 business days.

CONTENT USAGE RULES
Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

You shall be authorized to use the Product only for personal, non-commercial use.

You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any software required for use of the Service or any of the Usage Rules.

The delivery of a Product does not transfer to you any commercial or promotional use rights in the Product.

Refer to Terms of Service for more detailed information on Usage Rules.

OTHER TERMS AND CONDITIONS
IGN is not responsible for typographic errors.

IGN reserves the right to change the terms and conditions of sale at the Direct2Drive Store at any time. Customers are encouraged to review the Sales Policies on a periodic basis for modifications.

All sales on the Direct2Drive Store are governed by California law, without giving effect to its conflict of law provisions.

No IGN employee or agent has the authority to vary any of the Direct2Drive’s Store's policies or the terms and conditions governing any sale.