Conditions of Use

Effective Date: June 27, 2023

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 www.gamestop.com , 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 Privacy 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.

Prohibited Uses

The Sites may only be used for lawful purposes in accordance with the terms of the license granted in these Conditions of Use. You represent and warrant to GameStop that you will not use the Sites for any purpose that is unlawful or prohibited by these Conditions of Use, and you understand and agree that you may NOT do the following:

• Make any commercial use of the Sites or their content, including making any collection or use of any product listings, descriptions, prices or images;
• Download, copy or transmit any content for the benefit of any other merchant;
• Use the Sites to advertise or offer to sell or buy any goods or services without GameStop’s express prior written consent;
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Sites;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Sites;
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials on or from the Sites;
• Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by GameStop or generally publicly available browsers;
• Frame, mirror or use framing techniques on any part of the Sites without GameStop's express prior written consent;
• Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Conditions of Use;
• Use any meta tags or any other hidden text utilizing GameStop’s name or marks;
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
• Use a buying agent to conduct transactions on the Sites;
• Send unsolicited or unauthorized email on behalf of GameStop or any GameStop partner, including promotions and/or advertising of products or services;
• Tamper with the Sites or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Sites or any activity being conducted on the Sites;
• Use the Sites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
• Harvest or collect Personal Information about other users of the Sites;
• Conduct fraudulent activities on the Sites;
• Violate or attempt to violate the security of the Sites, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Sites (impersonating the Sites) or to the Sites (impersonating another user whether such user provided their approval for such action(s) or not); or
• Restrict or inhibit any other person from using the Sites (including, without limitation, by hacking or defacing any portion of the Sites).
  
  

Links to Third-Party Websites

The Sites may contain links and interactive functionality interacting with the websites of third parties, including but not limited to social media sites, gaming sites, and product manufacturers’ sites. Before enabling any sharing functions of the Sites to communicate with any such website or otherwise visiting any such website, GameStop strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website before accessing or using such website. The links and interactive functionality for third-party sites on the Sites do not constitute an endorsement by GameStop of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site at our discretion. GameStop is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. YOUR USE OF THIRD-PARTY WEBSITES AND PRODUCTS AND SERVICES THEREIN AT YOUR OWN RISK.

Accessibility

At GameStop, we value digital inclusion and are committed to making our website accessible to all visitors and users. Please see our Accessibility Statement for more information.

Sanctions and Export Compliance

By accessing or using one or more Sites, you represent and warrant to us that you are: (a) not subject to sanctions, embargoes, export restrictions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority; (b) not located in (or a citizen of) any jurisdiction to which the United States has embargoed goods or has otherwise applied any sanctions; (c) are otherwise authorized to access the Sites under applicable law; and (d) will only use the Sites for lawful purposes in compliance with applicable law. You also agree to comply with all applicable import, re-import, export and re-export control laws and restrictions that may apply to goods, software, technology, and services.

Indemnification & Defense

By accessing or using one or more Sites, you agree to defend, indemnify and hold harmless GameStop and its respective directors, officers, employees, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Conditions of Use, or any User Content submitted or posted by you. GameStop reserves the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

GAMESTOP PRO PROGRAM

The GameStop Pro Program is a program sponsored by GameStop that lets you earn points toward certificates and provides other rewards and discounts. Membership is open to residents of the United States who are 13 years of age or older, and is valid only at participating GameStop U.S. retail store locations. If a Member is between 13 and the age of majority in his/her state, the Member agrees that he/she has obtained permission from a parent or legal guardian to access, join, or use the Program.

Please note that the GameStop Pro Membership Program replaced the PowerUp Rewards Membership Program on June 27, 2023. For more information on the GameStop Pro Program or the former PowerUp Rewards Program, please visit  Pro & Account Terms & Conditions and FAQs.

FAQs

For more information on your Orders, Card Balances, Policies, Account Information, the GameStop Pro Program or the former PowerUp Rewards Program, please visit the Frequently Asked Questions section of our Site located at:  https://www.gamestop.com/faq/

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY GAMESTOP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GAMESTOP MAKES NO REPRESENTATIONS, CONDITIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS, LEGAL, OR IMPLIED, AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR ACCESS OR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, GAMESTOP DISCLAIMS ALL WARRANTIES, EXPRESS, LEGAL, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY. GAMESTOP DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, GAMESTOP’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM GAMESTOP ARE (i) FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CANNOT BE SUBJECT TO UNAUTHORIZED ACCESS TO CONTENT OR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GAMESTOP OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SITES OR ANY INFORMATION, CONTENT (INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS APPEARING ON THE SITES, OR LINK PROVIDED IN THE SITES), MATERIALS, PRODUCTS, OR OTHER SERVICES) AVAILABLE THROUGH THE SITES, WHETHER OR NOT GAMESTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, US$100.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release includes the criminal acts of others.

Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding any of the Sites, please send a message to GameStop’s Guest Care at https://www.gamestop.com/contact. You may also contact GameStop in writing by mail at GameStop, 625 Westport Parkway, Grapevine, TX 76051, or calling us at (800) 883-8895. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

Notices & Electronic Communications

In the case of notices GameStop sends to you, you consent to receive notices and other communications by GameStop posting notices on the Site, sending you an email at the email address listed in your profile in your GameStop account, or mailing a notice to you at your billing address listed in your profile in your GameStop account. You agree that all agreements, notices, disclosures and other communications that GameStop provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the applicable Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Conditions or Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous

Contests and Sweepstakes. From time to time, users may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.

Force Majeure. Under no circumstances shall GameStop be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

No Waiver. If we fail to insist that you perform any obligations under these Conditions of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

Severability. Each of the provisions of these Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Conditions of Use, there shall be no third-party beneficiaries to these Conditions of Use.

Miscellaneous. These Conditions of Use (and all terms and conditions incorporated herein) constitute the entire agreement between you and GameStop, and supersede any prior agreements between you and GameStop on the subject matter, except as expressly provided herein. These Conditions of Use, and any rights granted hereunder, may not be assigned or delegated by you. These Conditions of Use, and any rights granted hereunder, may be assigned or delegated by GameStop without restriction. These Conditions of Use bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Conditions of Use may not be modified by an oral statement by a GameStop representative. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Conditions of Use. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are accessing or using any of the Sites for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Conditions of Use are for convenience only and have no legal or contractual effect. Any provision of these Conditions of Use that by its nature is reasonably intended to survive beyond termination of these Conditions of Use shall survive.

Notices. We may deliver notice to you by email, posting a notice on the Site, or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at GameStop, Attn: Guest Care, 625 Westport Parkway Grapevine, Texas 76051.

Contact Us

You may contact us regarding these Conditions of Use or related issues by mail at GameStop, Attn: Guest Care, 625 Westport Parkway, Grapevine, TX 76051, by email at care@gamestop.com, or by toll-free phone at 800-883-8895.