Conditions of Use

GameStop, Inc. and/or its affiliates (collectively, "GameStop" or “our” or “us”) provide website and mobile application features and other products and services when you visit or shop at GameStop’s websites (e.g., Gamestop.com) and mobile applications (e.g., GameStop App, which includes the iOS and Android versions thereof). These Conditions of Use apply to GameStop, the GameStop App - iOS and Android versions, and all other sites, services, applications, platforms and tools where these Conditions of Use appear or are linked (collectively, the “Sites”). These Conditions of Use do not apply to other GameStop websites or mobile applications, such as Game Informer (www.gameinformer.com), GameStop NFT Marketplace (nft.gamestop.com) or GameStop Wallet (wallet.gamestop.com and the GameStop Wallet App (browser extension and iOS versions)), each of which has its own Conditions of Use, Terms and Conditions, Terms of Service or the like, respectively.

Please read these Conditions of Use and the Return Policy carefully because they govern your access and use of the Sites.

BY ACCESSING OR USING THE SITES YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE. IF, HOWEVER, YOU DO NOT AGREE WITH ANY PART OF THESE CONDITIONS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES.

Applicable Law

By accessing or using one or more Sites, you agree that the laws of your state, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GameStop.

Copyright and Trademark Notice

All screens appearing on the Sites including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of GameStop or its suppliers and/or licensors, and are protected by U.S. and international copyright laws. The content on the Sites is only for the purpose of shopping on the Sites or placing an order and for no other purpose. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without GameStop's prior written permission, is strictly prohibited. All software used on the Sites is the sole property of GameStop or those supplying the software.

GAMESTOP, GAMESTOP.COM, PowerUp Rewards, PowerUp Rewards Pro, GameStop Pro, and GS are trademarks or registered trademarks of GameStop. From time to time, other GameStop-owned trademarks, icons, service marks or trade dress may be displayed and published on the Sites. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are trademarks, service marks or trade dress of GameStop in the U.S. and other countries or are the property of their respective owners.

All rights not expressly granted herein are reserved.

Digital Millennium Copyright Act

If you are a copyright owner or a legally authorized representative thereof thereof and believe that any content on any of the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GameStop's designated Copyright Agent to receive notifications of claimed infringement is:

GameStop, Inc.

Attn: Legal - DMCA
625 Westport Parkway
Grapevine, TX 76051
legal@gamestop.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GameStop Guest Care by sending an email to care@gamestop.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

There are legal and financial consequences, including civil and/or criminal penalties, for submitting bad faith or fraudulent infringement reports. By submitting a DMCA notice, you understand and agree that you shall be liable for any damages, including costs and attorneys’ fees, that GameStop incurs related to any misrepresentation relied upon in removing or disabling access to the alleged infringing material or activity, or in replacing the removed material or ceasing to disable access to it. GameStop reserves the right to seek damages from any party/parties that submits a DMCA notice in violation of the law.

Your Account

If you register on the Sites or create a GameStop account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GameStop does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with involvement of a parent or guardian. GameStop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. GameStop reserves the right to change, suspend, or discontinue all or any aspects of the Sites at any time without prior notice.

GameStop does not knowingly collect information from children, including those less than thirteen years of age. If you are a child, do not submit any information to GameStop. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.

Errors on the Sites

Prices and availability of products are subject to change without notice. In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, GameStop shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, GameStop will immediately refund the amount charged to your credit card.

Order Policy & Shipping

Pricing and promotions on GameStop.com may vary from that of affiliated sites.

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. GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason. GameStop 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. All orders placed on this Site are subject to product availability. All items purchased from GameStop are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you are not fully satisfied with your purchase, you may return it in accordance with GameStop.com's Return Policy

Site Content and Information

The Sites contain information, advice, text, materials and other content that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. If a product offered by GameStop is not as described, you may return it according to GameStop.com's Return Policy

Site Policies, Modification, and Severability

GameStop reserves the right to make changes to the Sites and these Conditions of Use and the Privacy Policy at any time and at its discretion. Each time you access or use the Sites, we recommend you to review the then current Conditions of Use and Privacy Policy that apply to your transactions and use of the Sites. If you are dissatisfied with the Sites, their content, or Conditions of Use or Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Sites. If any of these Conditions of Use is deemed to be illegal or unenforceable, the remainder of these Conditions of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Distributing User Content

GameStop may allow users to the Sites to submit, post or make available reviews and comments ("User Content") on products featured on the Sites. By submitting, posting or making available such User Content, you represent and warrant that all User Content is accurate and original. that you own or otherwise control all of the rights to the User Content, that use of the User Content you supply does not violate these Conditions of Use and will not cause injury to any person or entity, and that you hereby grant GameStop a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels. Additionally, you grant GameStop the right to use the name you submit in connection with such User Content.

GameStop does not provide any compensation, in either cash or product, for User Content submitted to GameStop, including without limitation any potential product or software ideas or applications. If you still submit such information to us, you agree that such information shall be deemed to be non-confidential and nonproprietary, and GameStop shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information on an unrestricted basis for any purpose whatsoever, unless expressly agreed otherwise in writing by GameStop. Further, GameStop shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

No Endorsement of User Content. Users to the Sites are prohibited from submitting, posting or making available through the Sites any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libelous, defamatory, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual rights (including publicity rights) or other rights of another. Also, such submissions or postings through the Sites shall not consist of or contain software viruses, chain letters, mass mailings, commercial solicitations, or any form of “spam” or unsolicited commercial electronic messages. You acknowledge that GameStop does not endorse or pre-screen content, but that GameStop and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is available via the Sites. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content posted by you.