Gamemine.com provides its services to you subject to the following Terms of Use.  Gamemine.com has the sole discretion and right to update these terms as necessary to provide conditions for the use of its evergrowing features and offerings.  Please note this section and check this section periodically for any change in the terms and conditions. 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 supercede any former versions or any oral stipulations.  This section is all encompassing and may not be modified or otherwise amended by any party other than Gamemine.com at its sole and absolute discretion. 

 

Please read the below sections carefully, and you understand by using the website, www.gamemine.com you agree that you will abide by the following terms and conditions as set forth below:

General & Introduction:

 

a. These terms establish the governing body for the use of the gamemine.com website, 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.com website. 

 

b. Those individuals or entities who maintain accounts with Gamemine.com either for subscription, purchase or for news understands that the terms and conditions establish a binding agreement between Gamemine.com and that individual or entity.  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.

 

c. 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.com

 

d. As indicated, these terms and conditions are susceptible to change and therefore all users of the Gamemine.com website, products and services should periodically visit this section for updates and changes to the terms as set forth herein.

 

e. 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.

 

f. All disputes arising under this agreement shall be subject to State of Florida choice law and jurisdiction, venue in Broward County, Florida.  The terms and conditions hereby limit any legal liability of Gamemine.com to restrict any financial loss to only the actual amounts paid to Gamemine.com by the user, and Gamemine.com shall not be liable for any losses outside the scope of the above mentioned restrictions.

 

g. 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.

  Your conduct on the Gamemine.com website and any extension thereof within the ownership of Gamemine.com or the website, www.gamemine.com, by meaning of subdomain or subpages shall follow the following restrictions:

 

a. 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 affect the functionality of the Gamemine.com website or any of the content therein.

 

b. You shall not attempt to access any software source or html static code or script from the Gamemine.com website or otherwise copy such script for any use whatsoever without explicit written authorization from Gamemine.com.

 

c. You shall not engage in any activity that results in the interference of any networks or servers connected to the Gamemine.com 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.com website.

 

d. You shall not use the Gamemine.com website to perpetuate any fraud or wrongdoing upon Gamemine.com, 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.com Privacy Policy.

e. User Reviews. Gamemine.com 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.com 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.com 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.com 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. 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.

 

     4. You may not post in either Reviews or Instructions any link or web url that will take the user to another website.  Gamemine.com 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.com responsible for any content on the particular link or downloaded from.  Please also see Web Site Content for more terms governing hyperlinks.

 

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

 

f. We encourage our subscribes to provide communications to us through their account controls regarding the service or products since our service is for your benefit, and we would like to know what features or changes you believe would improve upon our services.  We also encourage our subscribers to post reviews and instruction about the games on our website as well.  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.com a nonexclusive, royalty-free authorization and license to display, uise or otherwise reproduce this information on the Gamemine.com website, as well as any marketing or advertisement material.

 To subscribe to the Gamemine.com subscription service or purchase products, you must be eighteen (18) years of age or older and reside in one of the fifty (50) states of the United States of America.  For those individuals subscribing from US military installations, Gamemine.com is able to provide you with a subscription to its rental service as well as the ability to purchase products from the Company.  You must register using your APO/FPO address, any address outside the US military installation not containing an APO/FPO designation are not eligible.

 

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

  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. Gamemine.com 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.com 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.com does not prorate any subscription fee for the service and Gamemine.com 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, gift certificates and prepaid subscriptions.  If the user terminates their subscription, the user shall be subject to the Cancellation policy as set forth herein.

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

 

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

  LAN Gamemine, GameMine, Gamemine.com is a registered trademarks of Gamemine Direct, LLC; Gamemine.com and GameMine are registered fictitious names of 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.com 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.com. Any content, images, pictures or videos contained on the Gamemine.com website that depicts any persons or personalities or in the games or products shall not be construed as an endorsement of any particular product, service or advertisement unless as otherwise stated on the website.

 

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

  Members and visitors will notice that Gamemine.com provides within its website information about certain products, to include but not limit, game reviews and critiques, analysis, synopsis, instruction, walkthroughs, comments, video trailers, gameplay video, box art, description, text, and other identifying information regarding games and products distributed by Gamemine.com through its services.  Gamemine.com, 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.com website is at the sole detriment of the customer or visitor.  Gamemine.com 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.com website. 

 

  This waiver of liability shall also apply to the posting of any inappropriate material.  Pursuant to the terms and conditions, Gamemine.com 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.com 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.com website that may lead to websites outside of Gamemine.com control.  Gamemine.com 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.com makes no representation or warranty that any such websites are virus free or contain content that you may find inappropriate.

Upon cancellation, you are responsible for the game's return.  Gamemine.com STRONGLY recommends that you return the games using certified mail to ensure that the game is received by Gamemine.com.  Should the game become lost in the mail when returning the games  upon cancellation, your card WILL be charged for the Games.  Therefore, again, Gamemine.com suggests that if you cancel, you return the games using certified mail to ensure they are received.  Additionally, if the game is returned damaged on a cancellation, your card will also be charged pursuant to the cancellation policy.

 

Lost Games on Rotation. 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.com. We will then, at your discretion, send you a new copy of the game,.  Gamemine.com 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.com 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 will be charged for the amount 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.com immediately to return the game.  If your card was charged, you can return the game, and Gamemine.com shall re-credit your card less any restocking fee.

 

By signing up for the subscription service, you hereby authorize Gamemine.com to charge your card for the service as well as authorize your card.  Additionally, you authorize Gamemine.com to charge the card for any purchase. You agree to assist Gamemine.com with any information necessary for Gamemine.com to file a missing report with USPS. In the event the lost game is received, as stated, you must notify Gamemine.com immediately and return the game.  If Gamemine.com does not receive this game within ten (10) days of notification, the authorization on your card will be charged. If Gamemine.com determines by its investigation with the USPS that the game was delivered to your address, the authorization will be charged.

  A. Membership Promotions

  By and through Gamemine.com as well as third parties, Gamemine.com offers various promotions that are subject to change without notice by Gamemine.com at its sole and absolute discretion.  Below you will find some of the various promotions as well as the terms and conditions the promotions and you are subject to.  The posting of the terms and conditions of promotions below does not require Gamemine.com to offer these promotions at any particular time.

1. Second Month Free Promotion. Second Month Free Promotion, otherwise known as "2nd Month Free" for Gamemine.com service allow customers experience the service offered by Gamemine.com as well as access to the other components of the website otherwise only offered to customers. The 2nd month free offers is only available to new (first-time) customers only, limit one per household, and cannot be combined with any other offer. This limited introductory 2nd month free offer is only valid in the 50 United States of America and the District of Columbia and US Military Installations. The forms of payment accepted are found herein this section. By signing up for this promotion, when applicable, payment is due upon registration and shall constitute compensation for the first and second month of service.  You must cancel the service at the end of the promotion should you wish to terminate your subscription, otherwise, your plan will default to  the month to month subscription.  The 2nd Month Free promotion may be offered to some or all plans, and shall not apply to any supplemental plan unless otherwise stated.  In the event of cancellation, you shall not become eligible to participate in this promotion again for a period of four (4) months following the cancellation.
   


2. Free Trials (30 or 60 day). If you have purchased a console or accessory bundle from a Gamemine.com retail partner you may be entitled to the Gamemine.com Free Trial Program as a result of your purchase. Depending upon your purchase, you may be eligible for a thirty (30) day free trial or sixty (60) day free trial to the Gamemine.com subscription service.  This trial is for the one (1) game plan and for the time as set forth on the coupon included in the retail box.  During the course of this free trial, you are able to rotate your game without limitation for other titles. At the time of registration, your card will not be charged, but will be AUTHORIZED FOR THE AMOUNT OF ONE DOLLAR so the system can acknowledge the registration.  At the time of registration, you are automatically registered for the one (1) game monthly subscription plan.  You can upgrade your subscription at any time during or to begin after the expiration of the Free Trial Promotion.  If you upgrade your plan during the free trial, you will only be responsible for the difference between the plans, at which time your card will be authorized upon the upgrade for the difference and then charged upon shipment of the game(s)
    
3. 15 Day Free Trial. Gamemine.com  may offer a one (1) game fifteen (15) day free trial.  At the time of registration of the trial, you must input your billing and shipping information.  The free trial begins at the time of registration, and your card is not billed, but is AUTHORIZED FOR THE AMOUNT OF ONE DOLLAR, so our system can acknowledge the registration.  At the time of registration, you may register for any of the subscription plans and bonus plans, which the authorization shall be deferred for that particular plan(s) until the sixteenth (16th) day, at which time your card will be authorized and then charged upon shipment.  Whatever plan you registered for will begin on the 16th day unless you cancel, at which time you will be subject to the cancellation terms.
4. Cancellation Promotion. Gamemine.com may be offering discounts to those accounts that have been canceled by the users.  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.  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.
   

 B. Promotional Terms & Conditions                                                                           

1. Free Trial General Terms.  The following terms shall govern the Free Trials as set forth above.  At the time of the registration, your card will be authorized in the amount of one dollar to facilitate the transaction but will not be charged.  Upon the completion of the free trial period, your card will be authorized for the plan for which you have registered and then charged upon shipment of the product from the fulfillment center. 
   
1. Free trial accounts must be canceled prior to the expiration of the free trial in order for the charge and authorization not to be performed.  Your billing information is required not only for shipment and billing verification, but because you are subject to the terms of the cancellation should you choose to cancel your account at any time during the free trial period.
2.  Retail Free Trial. For the retail free trial, the free trial is for a one (1) game subscription service, you are able to rotate the game for new games on your MineList without restriction.
   
3. If you choose at any time during the course of your free trial to upgrade to the two (2) or three (3) game monthly service, you will only be liable for the difference in the charge from the one (1) game subscription your trial entitles you to with the two (2) and three (3) games subscription plans; i.e. $6.00 (not including taxes for NJ residents) for the two (2) game plan, $14.00 (not including taxes for NJ residents) for the three (3) game plan. Upgrades to the prepay plans will begin upon the completion of your trial period; however, upgrades to the two (2) or three (3) game prepay plans will not provide you with the ability to take out additional titles consistent with these plans until the close of your subscription trial period.
2. Eligibility limited to one (1) per household, and the trial cannot be compounded with any other available promotions from Gamemine.com. Cancellation of your account after the free trial will not make you eligible for any other promotion for a period of no less than four (4) months, unless otherwise provided by Gamemine.com through any promotions offered to cancelled members from time to time and in accordance with the terms and conditions set forth hereinunder, titled, Cancellation Promotions.

1. Cancellation Promotion. Gamemine.com may run at its sole and absolute discretion as to when it runs, and to who it makes available and eligible, a promotion to cancellation members. Members who are contacted or notified of this promotion as made available by Gamemine.com from time to time and at its full and absolute discretion, will receive a discounted rate, to be determined and notified by Gamemine.com in its absolute discretion, for the first month. This discount is subject to change without notification, and does not arise any right of any customer to participate in this promotion. This promotion does not compound with the second month free, and will only run for the first month. This program may be eligible for an individual subscription or all subscriptions, at the sole and absolute discretion of Gamemine.com.
   
   Those cancelled customers who receive the notification of this promotion from Gamemine.com are eligible to participate in this promotion. It is required that the customer be a cancelled customer of Gamemine.com to participate. In order to fulfill eligibility, the cancelled customer must reactive his/her account under their original user name (if you create a new one, you will not be eligible), original email address, and coupon code provided by Gamemine.com. Credit and shipping information does not have to be the same as the original information. Once your reinstatement has been approved, the game will be shipped to you and you will be charged in accordance with our terms and conditions for Credit Card Billing under this Section, subsection
   

B. Membership Fees & Billing

Billing and Fees General. Gamemine.com monthly memberships are billed monthly in accordance with the date set forth and indicated on your Account Profile page, and unless as otherwise provided due to any promotional restrictions or restrictions placed on joint promotions with third parties. Accordingly, you provide Gamemine.com 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.com 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.com to bill your card for any purchases of any product or services from the Gamemine.com 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 on a monthly, 6 month or 12 month basis for your membership fee, any applicable sales taxes, and any other charges you may incur in connection with your use of Gamemine.com. 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. 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.

Pre-Paid Subscriptions. 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.com will charge your card on a month to month rental unless otherwise provided by customer by reordering another prepaid subscription. Prepaid subscriptions cannot be used to purchase games.

Purchases. As a GameMine member, you have the opportunity to buy pre-owned games through our "Buy It" program. By using this program, you agree to allow us to charge your credit card for the listed purchase price of any games you buy through "Buy It", 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. Once you become eligible for the 2xSpeed Program, you will be eligible to receive free shipping. Gamemine.com 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.com is released from any liability for the games once FOB, or Free on Board, meaning once shipped. Gamemine.com cannot guaranty that you will receive the box, contents of the box or directions, when shipping games 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 in the following situations other than provided herein or as otherwise stated herein:

(1) If you have not returned a game to us within ten (10) business days of canceling your free trial or paid membership; we will charge your card for the retail value of the games 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

(4) If you have canceled your membership as a trial member or paying 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 recredit your card for the amount of each game returned less $7.50 restocking fee for each game returned. 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 Failed. Gamemine.com charges your credit card either on a monthly, 6 month or 12 month basis 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.com as well as a notification in your Account Profile page indicating your billing has failed and account has been suspended. If Gamemine.com does not receive a resolution or response within ten (10) business days, we will try to contact you again by email. If you fail to cure the account billing within the prescribed time, Gamemine.com shall refer your account to our 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. All referrals to the Collection agency are subject to a $35.00 collection fee and $7.50 restock fee per game not returned. Memberships are canceled 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.com promotions for membership signups, including those promotions for canceled members ran periodically.

If at any time, your card becomes available for charge for failure to pay; so long as the games are not returned, Gamemine.com 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.

C. Cancellation Policy - Members who choose to cancel their membership with Gamemine.com 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.com. After canceling, you may not be eligible for certain promotions otherwise offered to new members, please review terms for eligibility. Gamemine.com 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.  The following procedures applies to returning outstanding products to Gamemine.com upon cancellation:

1. You must cancel your account using the cancellation control from your account settings, emailed cancellations are not accepted or acknowledged.

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 10 business 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.com may, at their discretion, send a second and final notice providing a grace period of five (5) business days before charging the card.
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, Gamemine.com suggests that you send the games with a certificate of mailing from the post office to ensure that the games are received back to the Gamemine.com fulfillment center.

5.  If you return the game(s) after your card has already been charged for the game(s), Gamemine.com will recredit your card for the game(s) returned, less $7.50 restocking fee for each game returned. Gamemine.com has up to thirty (30) days to recredit your account for the return of any game(s).
6. If Gamemine.com is unable to charge your card on your account for the retail value of the games outstanding, Gamemine.com 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 recredited 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 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 recredited irrespective of whether you did mail the games back to Gamemine.com

Therefore, if your account is cancelled either by action by the member of cancelling or by billing failure, pursuant to terms above, customers are implored to return the games with a certificate of mailing otherwise, if the games are not received, charges on your card for the games will not be recredited.

D. Gamemine.com Communications

 During the course of your membership, as well as for any purchase or subscription to Gamemine.com newsletter, you will be receiving communications from Gamemine.com 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.

11. 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.com, 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.

12. Intellectual Property Complaints.

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.

13. Gift Certificates & Rewards Program

Gift Certificates.  Gamemine.com offers the purchase and in some cases issuance of gift certificates.  Gift Certificates are for subscriptions only and offer 1, 2, 3, 6 or 12 month subscriptions.  Discounts are offered for the purchase of 2 and 3 month gift certificates, but not for the 1, 6 or 12, which are priced at the regular rates.  6 and 12 are already discounted.  Gift Certificates may be purchased by anyone and issued to anyone either by printing, emailing or both.

 

To access Gamemine.com gift certificates, please visit, www.gamemine.com/gift.php.  You will find on this page the option to purchase, redeem or request a gift certificate.  Purchased gift certificates may be subject to taxes depending upon the state purchased.  If someone within the household purchases a gift certificate without authorization, Gamemine.com must be contacted immediately, the gift certificate shall be canceled and code will no longer work in the event someone attempts to redeem the code.  Gift Certificates do not expire, but the various memberships offered in the program are subject to change without notice.  A gift certificate may only be redeemed once.  Once the number is used, the gift certificate is no longer valid.  The gift certificate may be redeemed from the gift certificate page, or by inputting the redemption number on the registration page. 

 

Gamemine.com enables people to request Gift Certificates from other individuals by inputting the individual's email.  The information provided for the purchase, redemption as well as request for a gift certificate is subject to the terms of the Gamemine.com Privacy Policy.

Gamemine Rewards Program. Gamemine.com offers rewards 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, you forfeit any and all rewards granted to you through this program.  Additionally, if your account is suspended as a result of billing failed, you will also forfeit your rewards.  All reward programs are owned solely and trademarked by Gamemine.com.

 

1. GameBucks.  Gamemine.com subscription members shall receive intangible money titled, GameBucks, registered Trademark, based on the length of time of their membership.  GameBucks does not work retroactively, but rather from the time of release of the program, and members will receive notifications that they have received GameBucks for their membership.  Subscription members are rewarded GameBucks for purchases as well as set forth on the rewards landing page.  The purchase and subscription length thresholds are subject to change at Gamemine.com sole discretion, but shall only apply moving forward and shall not retroactively reduce or remove any GameBucks accrued on accounts as of the date of the change.  Changes in this program may be found on the rewards landing page.  GameBucks may be used to purchase products and services on the Gamemine.com website.  However, GameBucks may not be used towards purchasing gift certificates or subscription time.

 

2. 2xSpeed.  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 enables the user to return the game while receiving the next game on their list so they cross in the mail.  Please see www.gamemine.com/2xSpeed.html for more information.  The controls to activate this feature on your account can be found on your MineList.  If you choose to activate this feature once available, you must return the game within twenty four (24) hours of activating the feature.  The feature also enables you to cancel the option should you activate the feature unintentionally.  Abuse of this feature by failing to return the game shall result in suspension as well as authorization of the additional game on your credit card, which shall be charged if not received within five (5) days of the authorization.  2xSpeed will work for up to three (3) games on your subscription account based on membership duration as well as the limitations of your plan.  2xSpeed is activated for one (1) game on the 91st day of membership, and then two and three games following thirty and sixty days from the 91st day.  This feature is subject to the limitations of your subscription plan, and does not work to upgrade your subscription plan to enable the possession of additional games over and above your plan.

3. Gift Certificates. Upon being a member for a period of twelve months, you will receive a gift certificate for one (1) month, one (1) game subscription service that you may either use on your own, or gift to a third party. 

 

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

14. Contact.

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

By e-mail to: services@gamemine.com or info@gamemine.com

Or by mail to:

(Attn: Customer Service)
GameMine.com
PO Box 506
Forked River, New Jersey 08731-9982

15. Disputes

You and Gamemine.com 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 Broward County or Circuit Court for exclusive jurisdiction and you waive any right to remove this case to federal court for jurisdiction or venue.