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Terms of Use
1. ACCEPTANCE OF TERMS
Welcome to GAMEACCESS.CA (GAME ACCESS). GAME ACCESS provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. The most recent terms of service will always be on this page. The Game Access rental and game purchase service requires a valid Canadian or American credit card. In the event that you are not the sole owner of the credit card used to sign up to our service or purchase items in the store, you must be in presence of the card holder during the signup process as well as for any additional transaction that will result in charges on the card after the signup. In addition, when using specific GAME ACCESS services, you and GAME ACCESS shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
GAME ACCESS currently provides users with access to a video game catalog and the ability to rent video games, buy video game related items and join its community as a member (the "Service"). Unless explicitly stated otherwise, any new features that modifies or enhances the current Service, including the release of new GAME ACCESS properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that GAME ACCESS assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service as a customer.
3. STORE REFUNDS
New Items can be refunded if they are in their original sealed condition with no apparent physical damage. Refunds for new unopened items exclude all shipping fees. New defective items can also be returned and will be replaced at no extra charge. If the item cannot be replaced within 30 days of the return date, a full refund will be issued for the item and all associated shipping fees (you must contact us for specific rules and carrier to use). Any defective used game will be replaced by a working version. If the game cannot be replaced within 30 days, a full refund will be issued. All returns must be made within 30 days of the Game Access shipping date. If the return is made after 30 days, refunds or replacements will be made or not at Game Access’s sole discretion.
4. PRICING POLICY
If a purchase price is erroneous, Game Access reserves itself the right to cancel the transaction and refund the total amount charged. All displayed prices are subject to change without prior notice.
5. INDEMNITY
You agree to indemnify and hold GAME ACCESS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE
GAME ACCESS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GAME ACCESS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GAME ACCESS has no control over such sites and resources, you acknowledge and agree that GAME ACCESS is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GAME ACCESS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. CANCELLATION / ACCESS RESTRICTION
If a purchase price is erroneous, Game Access reserves itself the right to cancel the transaction and refund the total amount charged. All displayed prices are subject to change without prior notice.
10. GAME ACCESS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GAME ACCESS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. GAME ACCESS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GAME ACCESS for use in accessing the Service.
11. COPYRIGHTS
All website design, text, graphics, the selection and arrangement thereof, and all software are copyrighted and owned by KLF MEDIA INC.. Any other use of materials on this web site--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of KLF MEDIA INC. is strictly prohibited.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAME ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. GAME ACCESS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAME ACCESS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAME ACCESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAME ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you and GAME ACCESS and govern your use of the Service, superseding any prior agreements between you and GAME ACCESS. 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. The TOS and the relationship between you and GAME ACCESS shall be governed by the laws of the province of Quebec without regard to its conflict of law provisions. You and GAME ACCESS agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Montreal, Quebec. The failure of GAME ACCESS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you need to contact us for any reason, please call us at 1-888-880-0443.
16. RECOVERY
If a member falls behind on three or more months of payment, Game Access reserves itself the right to transfer the members account to a recovery agency. The customer’s full information will be available to the agency for them to use all legal and financial methods to recover the owed sum. The unpaid balance will be increased by 25% in order to cover all additional administrative fees encountered.
17. GIFT CERTIFICATES
Gift certificates can be redeemed anywhere in Canada for a PLatinum (rental) account. All accounts created with a gift certificate are subject to the Terms of Use and Rental Policy. Each certificate comes with a unique activation number that is valid for single use. In order to create an account, the recipient must provide this activation number. All certificates are non refundable and cannot be combined to any other promotional offer. For security and verification purposes, recipients will need access to a valid credit card in order to redeem their certificate. Extra fees will be charged to the recipient's credit card if he chooses to purchase extra services that are not covered by the certificate or exceeding its value. After the term covered by the certificate, the recipient’s account will automatically be renewed on a monthly term using the provided credit card unless requested otherwise prior to the renewal date. GameAccess.ca is not responsible for lost or stolen gift certificates. GameAccess.ca reserves itself the right to modify these terms at anytime without prior notice.
18. CREDIT CARD VERIFICATION FOR THE FREE TRIAL
Any credit card used for the free trial is subject to a $50 pre-authentication valid for a minimum of 10 days. During that period of time, the amount of $50 will be frozen on the card. Please note that this transaction cannot be cancelled or refunded by Game Access since our service does not withhold this amount.
The section titles in the TOS are for convenience only and have no legal or contractual effect.