• Terms of Use

1. Acceptance of Terms

This section provides the acceptable terms of usage of the website and ancillary websites for the entity known as Gamemine Direct, LLC otherwise referred to herein as "Gamemine", the "Company", "we" or "us". The Gamemine 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 Gameminethe Company. Gamemine website, www.Gamemine, and any extensions, landing pages, secondary pages, internal pages, subsidiary entity domains, domains, directories or otherwise, owned and operated by Gamemine shall be referred to herein as, the "Website", "Websites", "Property" or "Properties". Gamemine maintains its principal offices in Southern Florida.

Gamemine provides its services to you by and through its Properties subject to the following Terms and Conditions of Use. Gamemine 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 Gamemine 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:

General & Introduction:

  1. These terms establish the governing body for the use of Gamemine, the Company Properties and its product and services. Additionally, these terms govern the general use of the website by all patrons, members or visitors of the website, which would include but not limit the viewing and navigation of all part of the Gamemine Website.
  2. Those individuals or entities who maintain accounts with Gamemine, the Company either for rental subscription, purchase, trade, and or for news understands that the terms and conditions establish a binding agreement between Gamemine and that individual or entity using the Website. Any failure to follow these terms shall constitute a breach by the user, which may result in termination, suspension or blocking of their IP address.
  3. This section may be changed periodically and will maintain all terms of all use of the Website including but not limited to the e-commerce portion of the website, as well as the news or information section and any future sections integrated into the ever growing structure of products and services offered by Gamemine
  4. As a matter of law, in the event any section of this agreement is found to be unenforceable under federal, state or local statute, codes or cases, the remaining sections of this agreement shall remain in full force and effect.
  5. All disputes arising under this agreement shall be subject to State of Florida choice law and jurisdiction, venue in Broward County, Florida. User waives any right to choice of law, change in jurisdiction or venue. The terms and conditions hereby limit any legal liability of Gamemine to restrict any financial loss to only the actual amounts paid to Gamemine by the user, and Gamemine shall not be liable for any losses outside the scope of the above mentioned restrictions.
  6. You can check the date of this version or update to the terms and conditions at the bottom of this page, which provides the version number and date of change of this section.

2. Your Conduct on the Gamemine Website

Your conduct on the Gamemine Properties shall abide by the following terms of conduct and restrictions. Failure to follow these terms of conduct may result in ban of the any account in breach:

  1. You agree not to transmit or otherwise upload, install, integrate or link any content or material that contains software virus, code or otherwise content that directly or indirectly affects the functionality of the Gamemine website or any of the content therein.
  2. You shall not attempt to access any software source or html static code or script from the Gamemine website or otherwise copy such script for any use whatsoever without explicit written authorization from Gamemine.
  3. You shall not engage in any activity that results in the interference of any networks or servers connected to the Gamemine website, which shall also include but not limit to, the violation of any procedures or policies, terms and conditions or regulations of any network connected to the Gamemine website.
  4. You shall not use the Gamemine website to perpetuate any fraud or wrongdoing upon Gamemine, its members, or any third party, including but not limited to the attempt to acquire or disclose any financial or identifying information as protected and governed by Gamemine Privacy Policy.
  5. User Reviews. Gamemine enables users to post reviews or walkthroughs, otherwise known as instruction, to navigate through games. This privilege is not a right to any customer, and you must have an account with Gamemine to rate and post any reviews of any game titles. By using this feature you agree to the following terms:

    1. Reviews. Content posted for user reviews must be limited to information regarding the review, critique or analysis of that particular game or product. Users shall not post messages to Gamemine regarding their service in this area, and any such information shall be removed immediately. The information posted must use appropriate language, and may not in any way use any language that violates this section or any portion thereof. Any misuse by posting inappropriate language may result in the suspension or termination of your account. Inappropriate language also extends to the use of acceptable language or words that results in the depiction of an inappropriate thought, suggestion or picture. This shall also extend to the use of any metaphor or simile that makes use of inappropriate comparisons.
    2. Instruction. Gamemine enables users to post walkthroughs or instructions for navigating or assisting others with sections of games, found on the product pages. The user of this section must abide by the terms set forth in the subsection above. However, additionally, the user shall not abuse this section to intentionally provide others with information that is knowingly and intentionally incorrect.
    3. Instruction. Gamemine enables users to post walkthroughs or instructions for navigating or assisting others with sections of games, found on the product pages. The user of this section must abide by the terms set forth in the subsection above. However, additionally, the user shall not abuse this section to intentionally provide others with information that is knowingly and intentionally incorrect.
    4. Scope. These sections are provided for users to shares their experiences and impressions of these particular products, and should be used accordingly. Users cannot use this section to post any other information outside the scope of the analysis or instruction for any particular product. Users cannot use this section to disclose identifiable information about their account, or others accounts, or use this section to post any marketing or advertisement material for any third party.
  6. Affiliation. ou may not post in either Reviews or Instructions any link or web url that will take the user to another website. Gamemine will remove any links and potentially take action against your account for placing any link in these sections to other websites. Because this is an unacceptable practice, any user that visits any website or url by and through any such link does so at their own risk and does not hold Gamemine responsible for any content on the particular link or downloaded from. Please also see Web Site Content for more terms governing hyperlinks.Social Network Websites. Gamemine maintains presence on various third party websites that are commonly known as social networks, which may include but not include, FaceBook, Twitter, MySpace, and others, referred to as "Social Networks" or "Social Networking" Websites. Gamemine hereby represents that it is in no way affiliated, partnered, or related by contract or otherwise with any of these independent Social Network websites. By participating in these Social Networking Websites, you agree to the following as part of the proper use and conduct terms of these Terms and Conditions:

    1. Customer Service. Customer service issues posted on Social Network websites shall not constitute submissions for customer service issues and proper submission of customer issues must follow the customer service protocols and procedures for proper assistance and submission.
    2. Content. Any content submitted for posting must not be substantively inappropriate, determined as such within the absolute and sole discretion of the Company. Any inappropriate submissions to Social Networking websites may result in suspension and or blocking of the customer's account on Gamemine.
    3. Policies. By manner of using these Social Networking websites, the user should also review and follow any terms and conditions set forth for proper use of those particular Social Networking Websites, and hold harmless and release Gamemine for any reprimand or action taken against the user's account on any Social Networking website that results in violation of use of the Social Networking website's proper use.

    This section cannot be used for any messages to Gamemine regarding the user's account or Gamemine products or services. To contact Gamemine regarding its product and services, please use the options in your Account controls, contact customer service or otherwise submit an email to service@gamemine.com..

  7. Feedback. We encourage our subscribers and members to communicate to Gamemine input on adjustments, upgrades or changes to account controls, service or products, and content. Gamemine products and services are for the benefit of our member and subscribers; we would like to know what features or changes you believe would improve upon our services. We also encourage our members to post reviews and instruction about games on our Website in accordance with the scope of conduct as set forth above and for the benefit of our other members. By posting any content, you agree that the Company is free to use any of the content in part or in its entirety, as well as any ideas or concepts regarding the service free of any compensation or payment for any purpose. Information posted on our Website grants Gamemine a nonexclusive, royalty-free authorization and license to display, use or otherwise reproduce this information and content on the Gamemine website, as well as any marketing or advertisement material. GameMine provides a software program for Feedback called, "Feedbackify", which can be found on the right portion of the website and accessed by clicking on the "Feedback" link. To ensure timely receipt and response, each member intending to submit a feedback response should submit such response by means of this feature.

3. Limitations on Use

To subscribe to the Gamemine rental subscription service, or otherwise, trade, sell and 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, Gamemine is able to provide you with a subscription to its rental service as well as the ability to purchase trade and sell products offered from the Company. You must register using your APO/FPO address, any address outside the US military installations not containing an APO/FPO designation are not eligible.

Games distributed from Gamemine 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 Gamemine rental or purchase service, Gamemine agrees to deliver the purchased or rented games to its members and grant a limited license to access the Gamemine website for the purpose of purchasing, trading or renting games or using the information for personal purpose. Any unauthorized use of any game, Gamemine website or the contents thereof will terminate your membership as well as the limited license for access to our website granted by the Company.

4. 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. Gamemine 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 Gamemine 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. Gamemine does not prorate any subscription fee for the service and Gamemine obligations to the customer for the subscription service are deemed performed upon payment for that purpose. This applies to all subscriptions including month to month and prepaid subscriptions. If the user terminates their subscription, the user shall be subject to the Cancellation policy as set forth herein. Gift Cards are offered by and through third parties and therefore may be subject to certain restrictions set forth by the party for whom Gamemine gift cards are sourced. For more information please visit the terms and conditions for the gift cards.

5. Limitations on Liability

All games provided through the rental and purchase service are sold, "as is". Gamemine 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 Gamemine site. Gamemine shall not be liable to any customer or visitor for any failures, delays, or interruptions in the delivery of any content contained on the Gamemine site or product offered by and through the Gamemine website. We shall not be liable for any losses or damages arising from the use of the content provided on the Gamemine site, or to any user or third party for any conduct by users of the Gamemine site.

Gamemine 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, Gamemine 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 Gamemine website are from third parties by and through data resource sharing and ftp access.

In no event shall Gamemine, 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.

As part of these terms, the Customer hereby agrees that limitation of liability, unless as otherwise further restricted herein these terms, shall be limited to those amounts paid to Gamemine as part of the member services for rental subscriptions, or for game purchases and the Customer and or Consumer hereby releases and waives any damages or injuries over and above the amounts as set forth herein this section or as otherwise restricted in other sections of these terms.

6. Intellectual Property

All content and data included on the Gamemine 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 Gamemine, 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 Gamemine or the applicable third party, as described above.

LAN Gamemine, GameMine Direct, LLC, Gamemine.com, GameMine and GameMine: The Game Station are registered trademarks of Gamemine Direct, LLC; Gamemine.com, GameMine: The Game Station, 2xSPEED and GameMine are registered trademarks and or fictitious names of the entity, Gamemine Direct, LLC. Gamemine Direct, LLC trademarks may not be used in connection with any product or service that is not Gamemine Direct, LLC in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gamemine. All other trademarks not owned by Gamemine that appear on the Gamemine site or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gamemine. Any content, images, pictures or videos contained on the Gamemine 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. Fan websites must be submitted for written approval prior to broadcasting live over the internet, failure to acquire said approval and accept terms therewith shall subject the submitting party to liability for violating Gamemine Direct, LLC IP rights.

Any intellectual property owned by any third party and displayed on the Gamemine 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.

7. Gamemine Website Content

Content. Members and visitors will notice that Gamemine provides within its website information about certain products, to include but not limit, game prices new, preordered and used, trade values, reviews and critiques, analysis, synopsis, instruction, walkthroughs, comments, video trailers, game-play video, box art, description, text, and other identifying information regarding games and products distributed by Gamemine through its services. Gamemine, its managing member, members, directors, officers, or employees do not represent that this information is accurate and any damage that arise out of any reliance of said information obtained through Gamemine Website is at the sole detriment of the customer or visitor. Gamemine shall under no circumstances be liable or otherwise obligated financially to you for the information, in part or in its entirety. It is your responsible to evaluate the information, content, advice from any review, analysis, walkthrough or instruction offered on the Gamemine Website.

This waiver of liability shall also apply to the posting of any inappropriate material. Pursuant to the terms and conditions, Gamemine monitors and does not allow any inappropriate material to be posted on its website or linked therefrom; however, the waiver of liability herein shall apply to the review or access to any such inappropriate material as well. Should you see any inappropriate material posted on the website, please contact Gamemine immediately via its ticket or reporting system or through email using the notice email below in this agreement providing a link to the page with the material.

Hyperlinks. You will find hyperlinks on Gamemine website that may lead to websites outside of Gamemine control. Gamemine does not represent that it has approved or reviewed these websites, and therefore shall not be responsible for any information or content viewed, downloaded or installed locally from any particular website accessed through any hyperlink. Please understand that you are accessing these websites at your own risk and Gamemine makes no representation or warranty that any such websites are virus free or contain content that you may find inappropriate.

8. Buying Games

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. Gamemine reserves the right at any time after receipt of your order to accept or decline your order for any reason. Gamemine 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. Gamemine only accepts returns/exchanges under the following conditions:

  1. Items must be defective or improperly shipped in error on the part of Gamemine.
  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 Gamemine 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.

Gamemine 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.

9. Trading-In Games

Eligibility. Games must be in good, working and playable condition and arrive complete with all elements undamaged, not manipulated, changed, unmarked, and in original packaging. This includes but not limits to, the correct disc(s), manual, cover art, bundled accessories, UPC, and case unless otherwise specified in writing by Gamemine.

To participate, you must (a) be at least 18 years old, (b) ship your products only from the United States and (c) have a physical address or P.O. Box located in the United States. Products shipped from outside the United States will not be accepted or returned. This excepts those products shipping from military personnel via FPO/ APO addresses, which constitutes proper address as required by Gamemine under this Section.

Acceptance. Games accepted will be purchased from you by Gamemine and you will be paid with Gamemine Store Credits or Cash Back issued via Check, and or other forms as designated and changed by Gamemine in its sole and absolute discretion from time to time and for the value of your trade-in as provided gy GameMine on its website and on predetermined intervals. You will not be entitled to any other payment for games you submit for trade-in outside the scope of the terms set forth herein this Section and abiding to the restrictions set forth under this Section.

You represent and warrant that you have the legal right and marketable title to sell all items you submit for trade-in using the Program; moreover, that the items are not counterfeit or stolen and that your submission of them complies fully with the Terms of Use and shall indemnify Gamemine for any claim or action filed against Gamemine for the improper or illicit transaction of said goods.

If the items you submit do not meet the eligibility requirements, as determined by the Gamemine in its sole discretion and amended from time to time, Gamemine shall return them to you for which you may be responsible for the shipment of these items as determined by Gamemine sole and absolute discretion, or except as provided below. You are responsible for secure delivery of your items to the Gamemine Distribution Center(s) and Gamemine is not responsible for any loss or damage that may occur during the shipment of your games. You agree to hold harmless and release Gamemine for any damage to the items shipped or loss of any such items during shipment.

Members shall not send Gamemine any games that are not on the trade-in list you generate for a trade-in using the Gamemine website. If your submission is not accepted, your games may be returned to you at no cost to you at the sole and absolute discretion of Gamemine, and Gamemine Store Credits will not be issued; however, should you submit a trade order that does not provide the proper titled games that are included in the order, you will be responsible for the cost of returning those games, and hold harmless Gamemine should you fail to properly expend the necessary costs for return. Moreover, should you forward any game to Gamemine not acceptable or excluded as an allowable trade to Gamemine, you shall be responsible for the cost of the return of the game from the Gamemine Distribution Center and no Gamemine Store Credit shall be afforded to you. Games that are materially damaged or that do not match the items on the trade-in list are not eligible for return to you, and may be disposed of and may not be returned to you without any cost incurred by Gamemine for said disposal. All other games not accepted may be returned to you approximately fourteen (14) days from the date of receipt. You shall receive an email notification and this information will be updated in Gamemine account. Gamemine may require additional verification or information before accepting any order in its sole and absolute discretion which shall be noticed to the member in the event any such additional information is deemed required.

Customer hereby accepts that any failure to satisfy any required payment for the return shipping of those submissions made to Gamemine as part of its trade offers constitutes an abandoment under law, for which notice is hereby accepted. Whereby, upon a term of thirty (30) days pursuant to this notice, those units that are not provided cost for shipment by the customer shall be considered abandoned and customer thereby forfeits any right of claim to said property, holds harmless and releases Gamemine from any sale or conversion of said games upon abandonment.

10. Rent Subscriptions

If you use the Gamemine 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. Gamemine has in place security measure to maintain privacy and the security of your billing information as part of its Privacy Policy, which may be viewed on www.gamemine.com. 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 Gamemine web site, you agree to accept responsibility for all activities that occur under your account or password. Gamemine is in no way liable, nor do you hold Gamemine, its managing member, members, directors, officers, members, employees liable for any theft of your account information. Gamemine accepts certain forms of payment. You may use a bank issued credit or debit card, but the system does not accept prepaid or gift cards. If you wish to use a separate form of negotiable instrument, you may pay using a money order or certified bank check, Gamemine 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. Gamemine 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 sent to replace any damaged or lost game, 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, and you hereby permit GameMine, should that particular process be in effect at GameMine's sole and absolute discretion or subjectively to your account at GameMine's sole and absolute, yet reasonable, discretion, to AUTHORIZE your registered billing information for the retail value of the game. Gamemine STRONGLY recommends that you return the games using certified mail to ensure that the game is received by Gamemine. 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, Gamemine 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 cancellationpolicy.

Lost Games on Rotation. Gamemine 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 Gamemine. We will then, at our discretion, send you a new copy of the game. Gamemine 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 Gamemine 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 Gamemine 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 Gamemine immediately to return the game. If your card was charged, you can return the game, and Gamemine 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 Gamemine to charge your card for the service as well as authorize your card in accordance with the terms provided herein. Additionally, you authorize Gamemine to charge the card for any purchase, cancellation or submission of any replacement game for lost or damaged games. You agree to assist Gamemine with any information necessary for Gamemine to file a missing report with USPS. In the event the lost game is received, as stated, you must notify Gamemine immediately and return the game. If Gamemine does not receive this game within ten (10) days of notification, the authorization on your card will be charged. If Gamemine determines by its investigation with the USPS that the game was delivered to your address, the authorization will be charged.

Minimum Rental List Requirements & Refunds GameMine offers a rental subscription based negative option billing platform offering its rental customers access in accordance with these terms and conditions to the inventory of games held by GameMine for the rental program. GameMine makes no representations that the total games available on its website are available for rental, rather, the total game database on the GameMine website may be for rental, sale, trade and or for informational purpose. As part of the agreement to use the GameMine rental service, you acknowledge and understand that GameMine makes no representations that all games listed on its website are available or inventoried for its rental program. GameMine offers refunds to rental customers who have recently signed up for the rental program at GameMine sole and absolute discretion should the user be unsatisfied with the collection of games available for the rental program. Notwithstanding, and to reiterate, the user hereby acknowledges and accepts that any requested refund is performed in the sole and absolute discretion of GameMine and not required by GameMine limiting the user to the terms set forth under the Cancellation Policy. Certain factors are considered when determining whether a customer may receive a refund, including but not limited to the following, (1) the duration of time before the refund is requested from the time of registration for the rental program, (2) does the user have a game outstanding at the time of the request or prior to the request of the refund, (3) the user has at least seven (7) games on their List for a reasonable period of time to be determined in GameMine sole and absolute, but reasonable, discretion, yet all such games included on the user's List are unavailable for the duration of time leading up to the refund; and, (8) this is the first time the user has signed up for the rental program and the first month of his or her membership. Again, the decision to offer the member a refund is not a right or arises from any terms and conditions set forth herein, rather, within the sole and absolute business discretion of GameMine.

11. Membership and Billing

A. Membership Promotions

By and through Gamemine as well as third parties, Gamemine offers various promotions that are subject to change without notice by Gamemine at its sole and absolute discretion. Gamemine has the right and absolute discretion to change, amend, remove or otherwise any of its promotions without notice or verification, and you do not vest any right to any promotion as offered by Gamemine from time to time. Gamemine has no responsibility to you or any member to provide a promotion should no promotion be made available at the time of registration. Gamemine may have promotions for some products and services but not all products and services at any one time. Gamemine

  1. Cancellation Promotion. Those members who have cancelled will not be able to sign up for a new account using any promotion unless a specific promotion is offered to those cancelled customers. This restriction of not being able to sign up with a new account shall not exceed four (4) months but may be revised or changed from time to time without notice or amendment to these terms. For those members reestablishing their cancelled accounts that were cancelled while in good standing, Gamemine may be offering discounts to those accounts. To be eligible for this discount, your account must have been canceled by your own action, and the games must have been returned. Those accounts that were canceled as a result of non-payment or those accounts that were charged for games not returned after cancellation will not be eligible for this promotion, and may not be further eligible to reinstate their account should their account cancellation have occurred as a result of Suspension or Delinquent status. Notwithstanding any use of the code for the promotion, the accounts for this particular promotion are screened for eligibility. Should your account not be eligible, your account will be charged at the regular rate for the subscription, or any other promotion, if applicable and eligible for the alternative promotion. This promotion is offered from time to time and in the absolute discretion of Gamemine.
  2. Free Trial. Certain promotional programs offered by GameMine and or by and through third party affiliates of GameMine may include a free trial membership to offer customers an opportunity to familiarize themselves with the GameMine service. Free Trials are exclusive to the subscription based rental service offered by GameMine. This promotion is offered one (1) per household and for new, first time, customers only and existing or prior customers may not have access to this particular program unless it is offered as part of a Cancellation Promotion as described in the previous section at GameMine sole and absolute discretion from time to time. To participate in this program, the user must provide a valid accepted major credit card, and hereby AUTHORIZE GAMEMINE UP TO THE AMOUNT OF A ONE MONTH FEE TO VERIFY THE ACCOUNT. This authorization is then CAPTURED automatically at the close of the term of the free trial period as designated by the promotion at the time of engagement by the customer. As the customer, you have a right to cancel the program prior to the close of the free trial period for the program. During the course of time for which your card is AUTHORIZED, regardless of whether the merchant and or bank removes those funds from your account, GameMine does not receive those funds until they are captured at the close of the term for the free trial. The start of your membership for monthly recurring billing cycles begins at time the funds are captured, for which your recurring billing period will begin thirty (30) days from that date the funds are CAPTURED, not AUTHORIZED. You may not resell your free trial to any third party without the express written approval by GameMine, and any such unauthorized assignment may not be honored by GameMine in the Company's sole and absolute discretion. Should you cancel your FREE TRIAL prior to the date of the end of the promotional term, GameMine shall have the right to AUTHORIZE YOUR CREDIT CARD FOR THE AMOUNT OF THE GAME as set forth under the terms for authorization in these terms and conditions pending the return of the outstanding games. Any failure to return these games within the designated times pursuant to the Cancellation Policy in the GameMine Terms of Use shall result in the charge of the authorized funds for the unreturned game or games. The return post charge may be subject to a restocking fee as set forth in the applicable sections of these terms and conditions. Those users participating in these promotions are subject to the same terms and conditions of use of any other current active user and or promotional user, including, but not limited to, those terms and conditions governing damaged, lost and or stolen games.

    AGAIN, BY PARTICIPATING IN THIS PROMOTION, YOU ARE AUTHORIZING GAMEMINE TO AUTHORIZE THE CHARGE FOR A ONE MONTH SUBSCRIPTION FOR THE GAME PLAN FOR WHICH THE FREE TRIAL IS PROMOTING; THIS AUTHORIZATION SHALL REMAIN IN PLACE UNTIL THE CANCELLATION OF THE PROGRAM, OR THE CLOSE OF THE PROMOTIONAL TERM FOR WHICH SUCH AUTHORIZATION SHALL BE CAPTURED AND COLLECTED BY GAMEMINE FOR THE MONTHLY SERVICE. GAMEMINE DOES NOT RECEIVE ANY FUNDS BY MEANS OF AUTHORIZATION DESPITE YOUR BANK REMOVING THESE FUNDS ARISING FROM THE AUTHORIZATION.

  3. Discount Promotions. GameMine may offer discounted promotions for first time users for which the discount is applied to the first month of the rental service. Upon the completion of that month billing cycle, the current program pricing shall apply to each successive month until the cancellation of the rental program by the user. GameMine has the absolute right and sole discretion to determine the promotional offers and discounts afforded to potential rental program users, and maintains no requirements under law to offer any promotions or maintain any existing promotion, which may be cancelled without notice at any time and at the full and absolute discretion of GameMine.

B. Membership Fees & Billing

Recurring Billing for Rental Subscriptions. Gamemine monthly and prepaid memberships are billed monthly in accordance with the date set forth and indicated on your Account Profile, and unless as otherwise provided due to any promotional restrictions or restrictions placed on joint promotions with third parties. Accordingly, you provide Gamemine 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 Gamemine 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 Gamemine to bill your card for any purchases of any product or services from the Gamemine 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 GameMine 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 Gamemine. The 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 post registration and initial billing. 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. Subscribers for the rental plans are captured at the time of registration commencing the thirty (30) day recurring billing subscription starting at the time of registration.

Pre-Paid Subscriptions Limitations. Prepaid subscriptions purchased through the website for our services will not be reimbursed if cancelled at any time during the prepaid period. At the expiration of the prepaid period, Gamemine will begin to bill your credit card for monthly subscription fees plus applicable sales tax at the completion of the pre-paid period unless otherwise provided by customer by reordering another prepaid subscription. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURINGTHE MIDDLE OF A BILLING CYCLE.

Prepaid subscriptions cannot be used to purchase games. Pre-paid subscriptions are non-transferrable and may not be resold. Gamemine does not condone the re-selling of pre-paid subscriptions privately or on auction/ marketplace websites, and we are under no obligation to honor re-sold pre-paid subscriptions. Gamemine is not responsible for lost or stolen pre-paid subscriptions. We retain the right to close customer accounts and requestalternative forms of payment if a fraudulently obtained pre-paid subscription is redeemed.

Rental Subscriber Purchases. As a GameMine member, you have the opportunity to buy used or pre-owned games through our "Keep It" 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 "Keep It" 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. Gamemine 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. Gamemine is released from any liability for the games once FOB, or Free on Board, meaning once shipped. Gamemine 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. Gamemine 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 Gamemine 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 Gamemine as well as a notification in your Account Profile page indicating your billing has failed and account has been suspended. GamemineGamemine 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 Gamemine to perform, said charge. If you fail to cure the account billing within the prescribed time, Gamemine 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 Gamemine 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 Gamemine.

If at any time, your card becomes available for charge for failure to pay; so long as the games are not returned, Gamemine 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 Gamemine 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 Gamemine must follow the provided policy for cancellation and return. Members who cancel have ten (10) business days to return their currently rented games to Gamemine. After canceling, you may not be eligible for certain promotions otherwise offered to new members, please review terms for eligibility. Gamemine 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.

Chargebacks. 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 Gamemine 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 Gamemine 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, Gamemine 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. Gamemine 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 Gamemine 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), Gamemine will refund your credit or debit card for the game(s) returned less any restocking fee for the return and reinventory of the game at the sole and absolute discretion of Gamemine for which that amount shall be subject to change without notice.. Gamemine 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 Gamemine is unable to charge your card on your account for the retail value of the games outstanding, Gamemine 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, deliquency 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 Gamemine. 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.

D. Gamemine Communications

During the course of your membership, as well as for any purchase or subscription to Gamemine newsletter, you may receive communications from Gamemine 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.

You may also receive communications about offers or products available to you by Gamemine, affiliates and partners. These communications are governed by the Privacy Policy and you will have controls to "opt out" from these communications made available to you.

12. Safe Shopping & Quality Control Policy

Safe Shopping Policy

Federal Law places limitations on liability to the consumer for unauthorized charges on the user's account. Fair Credit Billing Act, a federal legislated act, provides that your credit card company or issuing bank not hold you liable for any amounts over and above $50.00 in the event the fraudulent use of your credit card results in a charge to your account. Should you encounter a fraudulent action on your account or fraudulent use of your billing information please notify Gamemine immediately. Upon proof of filing of the fraud claim with your banking institution, Gamemine shall compensate you up to the amount of the deductible by legislated under the Fair Credit Billing Act, otherwise, $50.00. This section is subject to change and amendment pursuant to any changes set forth under the Fair Credit Billing Act.

In the event of unauthorized use of your credit card within your own household, Gamemine will reimburse the amount charged on your card pending the following requirements. The product must be returned to Gamemine in working order as well as within fifteen (15) days from the reported charge or unauthorized use. Should the product not be returned within that time, the sale is considered final. Finally and as earlier recommended, Gamemine strongly suggests that the game be returned using a certificate of mailing. If the game is returned broken or not working, you will not be reimbursed. If the game does not return, in the event a certificate of mailing is not used, the card will not be reimbursed.

Gamemine sells products including used games that may be purchased by members and non-subscription members. Non-subscription members may create e-commerce accounts on the Gamemine website shopping cart with game purchases so they do not have to reinput their information again. However, due to federal guidelines and laws, Gamemine may not indefinitely maintain the financial information for non-subscription member accounts that create accounts for purchasing games. All accounts created from the non-subscription member shopping carts are governed by the Gamemine Privacy Policy as well as subject to the applicable terms and conditions herein for the purchase of games.

Product Control Policy

Gamemine Product Control Policy is subject to the Limitations on Liability Section of this Agreement. Gamemine Product Control Policy provides the user with the confirmation that the product is in working or new order, whatever applies based on what is sold, new or used from the Gamemine website, at the time of shipment. Gamemine confirms that new packaging is intact at the time of shipment, as well as confirms that used games are in working order at the time of shipment. If you receive a used game that is damaged at the time of receipt, whether through purchase or rental, you must immediately contact Gamemine upon receipt of the game or product.

13. Privacy

GameMine knows that your privacy is important to you. Any information you submit to us, or any information we collect, is subject to the GameMine Privacy Policy.

The Privacy Policy explains how we use the personal information that you submit to us. By visiting Gamemine, you are accepting the terms and practices described in this Privacy Policy, as well as any terms set forth in the Privacy Policy that refers the user to this agreement. Certain communications received regarding promotions or products and services are also governed under the terms set forth for the Privacy Policy.

Gamemine takes their members privacy seriously and continuously implements new feature to protect members' privacy and information. It is up to you as a member to also take measures to secure your account information from third parties and on public computers as to not enable unauthorized transactions on your account.

As stated in the section, GameMine Communications, all notifications, newsletters, promotions, offers, support queries, surveys and otherwise are performed by and through customized owned and operated software as part of the GameMine software database and not shared with any third party or performed, submitted and or managed by any third party or third party software.

14. Intellectual Property Complaints

Filing an Intellectual Property Complaint with Gamemine:

If you believe that the Gamemine website, marketing material, advertisement material or any part therefrom is infringing on any rights to registered intellectual property, to include, trademark, copyright or patents, you must notify Gamemine by sending a letter to Gamemine registered agent, as provided below.

Gamemine Corporate Counsel and Registered Agent,
K/S, Attorneys at Law
Intellectual Property Complaints

4800 North Federal Highway, Suite 100-A
Boca Raton, Florida 33431

For your complaint to be proper under federal guidelines, you must provide adequate description and information about the alleged infringement. All allegations of infringements must be signed or digitally signed by the sender and may not be sent anonymously. The document must include the nature of the alleged infringement, a copy of the original work and the alleged infringement work from our website or material, as well as contact information, to including email, address, name and position, if applicable.

15. Rewards Program

Gamemine Rewards Program. Gamemine offers a reward to members of is subscription service. To participate in the rewards program, you must have an active membership and satisfy the time thresholds to unlock each reward. If you cancel your subscription, become delinquent or otherwise take action or inaction that results in the suspension of your account you forfeit any and all rewards granted to you through this program. All reward programs are owned solely and trademarked by Gamemine, and are subject to change without notice in the sole and absolute discretion of Gamemine.

  1. 2xSPEED - Is a feature enabling the customer to receive their games quicker than the normal course of delivery. Whereas to receive the next game on your list, it is required that a game be returned before the next one is shipped. However, the 2xSPEED feature through partnership with USPS Confirm Service enables the ability for a user to receive the next game on their Rent List. Gamemine receives notification by and through a tracking software provided by a third party that the game is in transit within USPS for return to the distribution center. Based on that notification, the following game by preference, and subject to availability, is shipped from the assigned distribution center to the member in succession of the USPS tracking notification that the returning game is in transit to the assigned distribution center. Customer understands and acknowledges that this notification process is part of a third party service and software program integrated with the GameMine database. Accordingly, GameMine makes no representations or promises that this particular feature is guaranteed in every situation to the customer member in the event the tracking is not properly working outside GameMine's control as a result of the USPS software and or the third party software tracking systems. Finally, this tracking is contingent on the USPS processing centers maintaining the software and hardware systems for the tracking software to access the transit data. If the post office that the member uses based on their address does not have the proper software or hardware for this tracking system to record the transit data, this may cause a delay in the 2xSPEED process.

In addition to the above rewards, other rewards are being structured between some of Gamemine partnerships, which you will see over the next several weeks. Please come back for more information about these plans and rewards offered. Gamemine will continue to offer more to its subscribers as its way of thanking you for your trust and business with us.

16. Contact

If you have a question or concern about the above Terms of Use, please contact us:

By e-mail to: service@gamemine.com

OR

By Postal Mail to:

(Attn: Policies)
GAMEMINE
4800 North Federal Highway, Ste 100A
Boca Raton, Florida 33431

17. Disputes

You and Gamemine expressly and irrevocably agree that Florida choice of law and jurisdiction shall be used for any dispute under this agreement, venue shall be held in Palm Beach County Court or Circuit Court for exclusive jurisdiction and you waive any right to remove this case to federal court for jurisdiction or venue.

Gamemine Direct, LLC Terms & Condition Agreement for Use of Gamemine Products & Services

Date Modified, November 28th, 2011. Version 4.112811

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