Terms and Conditions
TERMS AND CONDITIONS
What's covered in this page?
TERMS OF USE
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
GAMETAP SERVICES
PRIVACY
LINKED SITES
E-MAIL, BULLETIN BOARDS AND OTHER SUBMISSIONS
DISCLAIMER
DIGITAL MILLENNIUM COPYRIGHT ACT
JURISDICTIONAL ISSUES
TERMS OF USE
Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. GameTap, LLC., Inc. ("GameTap") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by GameTap, LLC, c/o Lime LLC 132 Fayerweather street Cambridge, MA 02138. The "GameTap" and "Expand Your Playground" trademarks and related logos are property of GameTap, LLC. Company. All Rights Reserved. All other material on this site, including, but not limited to softwares, images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by GameTap, its parent or its affiliates, or by other parties that have licensed their material to GameTap. You may use material from this site and other sites controlled by GameTap only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other Web site or networked computer environment, unless expressly authorized, is prohibited.
GAMETAP SERVICES
GameTap is the best value in gaming by offering, at the user’s choice, a free sampling of games, a subscription service to an entire catalogue of games (Unlimited Play) or a game per game buy & download offer (Download to Own).
Offered Service:
Unlimited Play (Classic Pack, Premium Pack): the period of subscription is one (1) initial month renewed by tacit agreement over monthly periods. The user can freely terminate the contract as long as he notifies GameTap of the termination as explained below.
The user can cancel for any reason; at any time his/her subscription to one of a subscription services or a trial period. Cancellation is carried out online in a few mouse clicks by filling in the form to this effect on the site. If the user cancels his/her subscription during a trial period (see below), the online cancellation is effective immediately. If the user cancels his/her subscription to a subscription service outside of the trial period the cancellation must be carried out online a minimum of 48hrs before the subscription renewal date. This delay is in place to ensure that the cancellation has taken effect prior to the bank taking payment for the subscription service. If the User cancels his/her subscription less than 48hrs before the subscription renewal date he/she runs the risk that the cancellation will not be effective before the following renewal date, the payment for that month will be automatically debited from their account and the Collection/Subscription will remain open until the following renewal date when the cancellation will take effect.
As an option, the user can get a discount on the price and choose a period of subscription of one year. In that case, the user can cancel at the end of the yearly period according the same process as described above.
Trial Offers
GameTap reserve the right to propose a Trial period (for a limited time described on the site) for a small cost or for free, at Gametap sole discretion and as described on the site.
The games from the collection proposed by the trial are offered in open access during the Trial period. The user may abandon the trial at any time during the limited time period stated incurring no extra cost when doing so. However if the User does not cancel his/her subscription before the end of the trial period the User will be automatically subscribed to the collection concerned, payment will be automatically taken accordingly and the User is confined to the conditions as stated above. To cancel the User must therefore cancel as a regular subscriber would cancel, following the conditions stated above. Each user can subscribe to a free Trial period offered once only (counting one offer per PC).
Download to Own: The user can select a game in the Download to Own Offer, buy it online on a game per game basis, then download it on the user’s hard drive for installation and play without any timing restrictions. The user can buy one or several games accordingly using this same process.
System Requirements
Unlimited Play: the subscription service is accessible from any PC equipped with Windows ® XP and Vista in their 32 bit version. You need a minimum system of a 1.4 GHz processor (Intel Pentium and AMD type) and 512 megabytes (Mb) of RAM. Integrated graphic chipsets that can usually be found in laptops are not recommended.
This PC must be connected to the Internet via a high speed internet connection (e.g. Broadband).
For running games the PC used must comply with the minimum system requirements for each game as put forward by the game’s editor.
The Service requires the download and the use of the Gametap plug-in® (The Software) allowing for the management of the game data required. The Software is the property of GameTap.
When Gametap offers new Software, the user is asked to use the most recent version for Services purposes. The software is given under a licensing contract only and is in no way sold.
Download to Own: Game file sizes range from many dozens of megabytes to many gigabytes in size: it is therefore recommended that the user have a broadband line, either ADSL or cable. The Games require a PC, with certain minimum system requirements, as indicated online on a Game-by-Game basis. It is the User’s responsibility to check that the User PC meets the applicable minimum requirements for a Game. If in doubt about the specifications, please refer to Service support. GameTap will not be held responsible for misuse of the downloaded Games, nor for Game compatibility with a User’s PC.
Billing and Payment
All fees are stated in U.S. dollars unless otherwise specified.
Pricing
Unlimited Play: the prices of the subscription services are set by Gametap as shown on the site at the day of subscription.
Gametap reserves the right to change subscription prices at any time. In such a case, Gametap is required to inform the user at least one (1) month before the subscription renewal date, the modification of the subscription price will only take effect for the next earliest billing period that confirms a greater than one month’s notice to the subscriber. The subscription services will therefore be charged on the basis of the price given at the time of subscription, then on the date of subscription renewal if no price change mention has occurred at least 1 month in advance.
Download to Own: The price of the Games is set on a Game-by-Game basis and is clearly shown online. The prices for Games displayed on the Service are subject to change at any time without notice. Charges for handling and tax may not be included in displayed prices for Games. The total price will be displayed during the purchase process and prior to the purchase confirmation. Handling charges (if any) displayed on the Service may or may not reflect the actual charges paid by GameTap.
Payment: When you provide credit card or Paypal information to GameTap, you represent to GameTap that you are the authorized user of the credit card or the Paypal account that is used to pay for Games or other fees and authorize GameTap to charge your credit card or Paypal account for any Games or other fees incurred by you. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your credit card, including your family or friends. GameTap reserves the right to collect fees, surcharges or costs.
Taxes: You must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any Game purchase in any country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you (i) as a result of purchasing Games or the payment of any fee, (ii) that are required or permitted to be collected from you by GameTap under applicable law, and (iii) that are based upon the amounts payable under this Agreement, must be remitted by you to GameTap. Failure on GameTap's part to invoice you for any such taxes does not relieve you of the liability to pay such taxes. You will promptly reimburse GameTap for all taxes or other charges imposed upon GameTap by any national, state or municipal government upon the sale, use, production, or distribution of Games.
Refund Policy: Game purchases or validated Subscriptions are non-refundable, whether based on technical failure of a Game, User inability to meet requirements to run the Game on the User’s computer or lack of enjoyment while playing the Game. Once a User downloads and activates a Game, such Game is deemed to have been finally sold, and no returns will be accepted by GameTap. No refunds will be offered for MMO Games where the key has been sent by e-mail. This is a final sale.
Refunds may be offered if all the following conditions are met:
-The time of the User’s request for refund/credit is less than 48 hours from time of purchase;
-The Game or the Subscription has not been activated or launched;
-The Game activation key has not been disclosed by the User via email or webpage to any third party;
-GameTap has determined the User’s refund request reasonable under special circumstances
Our Customer service will determine if you meet the foregoing criteria for a refund. If you feel you qualify for a refund please contact Customer Support using the contact form on http://support.gametap.com.
Service Limitations: We cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Service, including the services of our third-party service providers, are provided “AS IS” and “AS AVAILABLE”. Neither GameTap nor our third-party service providers assume responsibility for the timeliness, deletion, miss-delivery or failure to store any data, communications or personalization settings. In particular, GameTap cannot guarantee the speed of download of the Games, which depends on the combination of the Service with characteristics inherent to the Internet or the delivery of a third party’s service, including service from third-party Internet Service Providers (ISPs), and the User’s system.
Support: To receive assistance with the Service or for any questions relation to the download of, the installation of or the payment for your Game, please go to the online support pages. If you do not find the answers that you require, you may contact our customer support department on http://support.gametap.com. In some cases you will be required to give information that was sent to you after your purchase, in order for the customer support department to satisfy your request. A response will be sent to you in the shortest possible time.
General Rules
For the benefit of the entire GameTap community, and to comply with applicable laws, we have certain general rules, which GameTap will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Service or other actions by GameTap, you should carefully read and follow them.
Provide Accurate Information : You agree to provide true, accurate, current and complete information about yourself as requested in the Service registration forms (the “Registration Data”). You agree to update the Registration Data to keep it current and accurate.
Guard Your Password: Upon completing the registration process, you will receive personalized information from the Service including Password/TapID or activation keys (“Authorization Information”). You are responsible for maintaining the confidentiality of such Authorization Information, and you are fully responsible for all activities that occur under this Authorization Information. In the event of any unauthorized use of your Authorization Information or any other breach of security, you must notify GameTap immediately by contacting customer support.
Downloads: Any material or third party software downloaded through or for the use of the Service is done at your own discretion and risk, and GameTap will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Service or our third party service providers will create any warranty not expressly stated.
Children and Mature Content: The Service is not directed to children under the age of 13. GameTap will not knowingly collect personally identifiable information on or through the Service from anyone under 13. Please be aware that certain Games distributed via the Service contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Service that you find offensive, indecent or objectionable. By using the Service you assume all risk associated with its use. We encourage parents to supervise their children's use of the Service and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Service, please contact our customers support.
PRIVACY
GameTap respects the privacy of the visitors to this site. To see this site's Privacy Policy, please click here.
LINKED SITES
This site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of GameTap are operated subject to their own terms of use. GameTap is not responsible for the content of any Linked Site that is not affiliated with GameTap. The links to these sites are for your convenience only, and you access them at your own risk. GameTap welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by GameTap, its affiliates, or any group or individual affiliated with GameTap. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without prior written consent.
E-MAIL, BULLETIN BOARDS AND OTHER SUBMISSIONS
Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of GameTap throughout the universe and GameTap shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to GameTap’s web site, you agree that GameTap has the right to publish the material for any type of use, including promotional and advertising purposes.
GameTap is not responsible for any material posted on our forums. GameTap reserves the right to edit or delete material submitted to the forums, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify GameTap and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the agreements, representations, and warranties set forth in this terms of use.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAMETAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMETAP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GAMETAP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAMETAP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN GAMETAP.S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GAMETAP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF GAMETAP OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND GAMETAP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER GAMETAP NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICE IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICE IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
DIGITAL MILLENNIUM COPYRIGHT ACT
GameTap, LLC. respects the rights of all copyright holders and in this regard, GameTap, LLC. has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GameTap, LLC.'s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:
Copyright Agent
c/o Lime LLC
132 Fayerweather street
Cambridge, MA 02138
Customer Support contact form on http://support.gametap.com
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the GameTap Web sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by GameTap from its offices within the State of Georgia, United States of America. GameTap makes no representation that material in GameTap's Web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or GameTap bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Fulton County, Georgia, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by GameTap.
