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    TERMS OF USE



    Acceptance of Terms
    Welcome to GameKingdom. The GameKingdom.com Web site and the GameKingdom service are owned and operated by GameKingdom. (hereinafter referred to as “GameKingdom”,”we”, “our” or “us”).
    GameKingdom provides its services to you subject to the following Terms of Use, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms of Use will always be on this page and will supersede all previous versions. There will always be a link to the most current GameKingdom on the www.GameKingdom.co.nz home page. By using, visiting, or browsing the GameKingdom.com Web site, you accept and agree to be bound by these terms.
    These Terms of Use set forth the entire agreement regarding all the subjects we discuss herein. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
    We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) in how we operate our service.
    Privacy
    Any information you submit to us, or any information we collect, is subject to the GameKingdom Privacy Policy.  
    Your Account
    If you use the GameKingdom Web site or the GameKingdom service, you represent and warrant that all information you supply to GameKingdom is complete and accurate. You expressly agree that GameKingdom may rely on the information you provide, and hereby release GameKingdom from any and all liability arising from incomplete or inaccurate information supplied by you in connection with the GameKingdom Web 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. You also agree not to impersonate any other person while using the GameKingdom Web site. By using the GameKingdom.com Web site, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, current credit card and billing information. We reserve the right to place any account on hold at anytime (with or without notification to the member) in order to protect us from what we believe to be fraudulent activity.
    Free Trials/First Month Discount Plans
    We offer free trials and first month discount plans on the GameKingdom service to allow customers to become familiar with the many benefits of the membership plans we offer. These trials are available to new (first-time) customers only, limited to one per household, and cannot be combined with any other offer. Returning customers may not benefit from any free trials or first month discount plans but may take advantage of our friend referrals and rewards program.
    GameKingdom will begin billing your credit card for a monthly membership fee on the first day following the end of your trial period or at the start for all first month discount plan members.
    To all trial members, customers will not accrue GameKingdom Rewards.
    Credit Card Billing – Membership Fees
    As a GameKingdom member, you agree that we are permitted to charge your credit card on a monthly basis for your membership fee and any other charges you may incur in connection with your use of GameKingdom.com, all discounts received from any promotions will automatically be taken off of your monthly plan. 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 your 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.
    GameKingdom WILL NOT ACCEPT ANY OTHER PAYMENT METHODS BUT VISA AND MASTERCARD.
    WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. We also reserve the right to change our fees, but we will notify you in advance if we do so.
    Shipping Policies
    We use reasonable efforts to ship your new rental game as soon as we receive the prior one you returned in our warehouse. We use only NZ Post to ship titles, it normally takes a single day for members in Auckland, 2-3 days for any living in the North Island and 2-4 days to those in the South Island. We currently ship seven days a week (Monday through Sunday). We will send you an e-mail when we have received a returned game and another e-mail when your new game has been shipped.
    Lost, Unreturned and Damaged Games/Anime
    You agree to allow us to charge your credit card for the current retail or replacement price of a game/anime, whichever is higher, in the following situations:

    • If we do not receive a game within 7 days of canceling your free trial or paid membership (an unreturned game), unless the following conditions are met:
      • you can document that the game has been received by GameKingdom by using shipping with a tracking method
      • we determine that you have sent us the exact game/anime rented to your account
      • the game is in good working order
    • If we do not receive an unplayable game within 7 days of your reporting it to us as unplayable;
    • If you have lost a game/anime and reported it to us as lost; or
    • If you have damaged a game/anime (whether or not you reported it to us as damaged)

    We recommend that you use shipping with a tracking method to return your games after canceling your account.
    If we charge your credit card for an unreturned game in the above situations and you wish to receive a credit, the game must be returned in playable condition via NZ courier within 7 days reporting.
    If the number of lost and/or damaged games on your account become excessive, we may place your account on hold or terminate your membership.
    If an overdue account is assigned for collection, you agree to pay all reasonable collection costs, attorney fees, and court costs incurred. It is further agreed that all overdue accounts shall bear interest at the maximum rate allowed by law.
    GameKingdom Rewards Program
    Joining GameKingdom as a renting member automatically enrolls you in the GameKingdom Rewards program. Three months is defined as three (3) consecutive months of GameKingdom service with uninterrupted billing. Cancellation of your GameKingdom Account will reset your GameKingdom Rewards Level to Level Zero (0). GameKingdom Dollars may be awarded for being a GameKingdom member through the GameKingdom Rewards Program. GameKingdom Dollars are automatically deducted off of your rental plan at the beginning of your third month of billing. GameKingdom Dollars are not redeemable for cash. GameKingdom Rewards benefits are not transferable between accounts. GameKingdom may modify or terminate this program at any time and do so without notice or cause. GameKingdom Rewards Program for members on Plan C & D for 6 months is $10 not accumulative with $15 for the usual 3 months plan.
    GameKingdom Referrals Program Terms
    We may, from time to time, offer GameKingdom users the opportunity to earn rewards by referring friends to try the GameKingdom service ("GameKingdom Referrals Program"). Participation in a Referral Program may require users to submit personal information about themselves and their friends, such as name and e-mail address. By participating in a Referral Program, users agree to receive communications from GameKingdom, and/or from our partners that operate and maintain the Referral Program, with regards to participation in the Referral Program. The following guidelines shall apply to a user's participation in any Referral Program:

    • Users may earn one (1) reward for each valid referral. There is no limit to the number of overall rewards that a user may earn and their Referral rewards will be deducted every 2 months for each referral.
    • Only one (1) new GameKingdom account per household will count towards earning a reward. If multiple referrals originate from the same household based off of originating IP address and/or credit card billing or shipping address submitted by the referred users, they will be counted as a single referral credit towards earning a reward.
    • Users must remain GameKingdom members for a minimum of 2 monthly membership fee charges in order to receive credit for their enrollment in the GameKingdom Referrals Program. In which by the beginning of their second month, member referrals will have their monthly rental plan deducted.
    • Users may not submit multiple e-mail addresses and/or multiple credit card numbers to set up GameKingdom accounts in an attempt to earn a reward or an additional reward.
    • Users may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
    • A user's eligibility to earn a reward will be based on the ability to make referrals that result in new GameKingdom customers. Referrals to existing GameKingdom customers will not count towards eligibility to earn a reward.
    • Credit for referrals can only be given out for those referrals who participate using their unique referral link.
    • Users may not use Spam to obtain referrals. Users may not acquire referrals through unsolicited e-mail to persons unknown to them, or through usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
    • GameKingdom does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.

    We reserve the right to modify or amend at any time these guidelines and the methods through which rewards are earned. We reserve the right to disqualify a user at any time from participation in a Referral Program if they do not comply with any of these guidelines. All information collected from a user in a Referral Program shall be subject to the GameKingdom Privacy Policy.
    Disclaimers
    THE CONTENTS OF THE GAMEKINGDOM.COM WEB SITE, AND THE GAMES AND ANIME WE DELIVER ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS 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 GAMEKINGDOM.COM WEB SITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE GAMEKINGDOM.COM WEB SITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE GAMEKINGDOM.COM WEB SITE, OR FOR ANY CONDUCT BY USERS OF THE AAA.COM WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, GAMEKINGDOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE GAMES WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.
    IN NO EVENT SHALL GAMEKINGDOM BE LIABLE 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 THIS INFORMATION. WHILE GAMEKINGDOM WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-gamekingdom PROPERTY IT RECEIVES, GAMEKINGDOM WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
    The GameKingdom Web site and service are controlled and operated from GameKingdom’s facilities in New Zealand. GameKingdom makes no representations that the site or service is appropriate or available for use in other locations. Those who access or use the site or service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the site and service are solely directed to individuals, companies, or other entities located in the NZ.
    Intellectual Property
    Proprietary Rights:
    User acknowledges that www.GameKingdom.co.nz contains information, data, software, photographs, graphs, digital video discs, video compact discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under New Zealand Copyright laws and International laws and GameKingdom owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
    Our web site contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the GameKingdom site or any action being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to GameKingdom by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of AAA or the appropriate third party. ALL PERFORMERS IN ALL OF THE GAMES DISTRIBUTED BY GAMEHOG ARE 18 YEARS OF AGE OR OLDER.
    Web Site Content
    GameKingdom offers synopses, reviews, instruction manuals, and user comments pertaining to the games we distribute. Under no circumstances shall GameKingdom or its officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the GameKingdom.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the GameKingdom.com Web site.
    Some hyperlinks on GameKingdom.com may lead to other Web sites that are not owned or controlled by GameKingdom. GameKingdom has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. GameKingdom makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.
    Electronic Communications
    By using the GameKingdom service, you agree to receive electronic communications from GameKingdom. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the GameKingdom service and features. These communications are part of your membership to GameKingdom, and you are entitled to receive them as a GameKingdom member. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.
    Your Conduct on the GameKingdom.com Web Site
    By using the GameKingdom.com Web site, you agree not to upload, post, e-mail, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the GameKingdom.com Web site. You also agree not to interfere in any way with the servers or networks connected to the GameKingdom.com Web site, or to violate any of the procedures, policies, or regulations of networks connected to the GameKingdom.com Web site, the terms of which are incorporated herein. You also agree not to conduct yourself in an offensive manner while using our service and/or our Web site, impersonate any other person while using the GameKingdom.com site, or use the GameKingdom.com Web site for any unlawful purpose.
    User Reviews and Other Content
    Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. GameKingdom reserves the right (but not the obligation) to remove or edit such content.
    If you do post content or submit material, and unless we indicate otherwise, you grant GameKingdom and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GameKingdom and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GameKingdom or its affiliates for all claims resulting from content you supply. GameKingdom has the right but not the obligation to monitor and edit or remove any activity or content. GameKingdom takes no responsibility and assumes no liability for any content posted by you or any third party.
    Limitations on Use
    You must be 18 years of age or older and reside in New Zealand to subscribe to the GameKingdom service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY WITH THE APPROVAL AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. If you are under the age of 18, you and your parent or legal guardian are solely responsible for the age appropriateness of any game rented or purchased from GameKingdom, including without limitation complying with any applicable laws. You and your parent or legal guardian hereby release GameKingdom from any liability relating to the age appropriateness of any game rented or purchased from GameKingdom. The games we distribute and the content on the GameKingdom.com Web site are strictly for personal and non-commercial use. We agree to deliver games to our members and grant you a license to access the GameKingdom.com Web site for that limited purpose only. Any unauthorized use of the GameKingdom.com Web site will terminate your membership and the limited license granted by us. Use of the GameKingdom service or any part thereof is void where prohibited by law.
    Right to Terminate
    We reserve the right to terminate or restrict your membership, or the use of our service or any portion thereof, without notice, for any reason whatsoever, or for no reason.
    GameKingdom Terms and Conditions
    You must agree to these terms and conditions before you can become a member of this site.
     Access and Membership 
    "By subscribing to this service ("GameKingdom "), I ("Subscriber") agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are myself (the Subscriber) and GameKingdom. This Agreement is subject to change by GameKingdom at any time, and changes are effective upon notice to the Subscriber."
    "In order for me to become a member, I must be at least 18 years of age or older. I certify that I am 18 and capable of lawfully entering into this agreement."
    "GameKingdom reserves the right to reject submission deemed to be in violation of these terms and conditions, or any incomplete or illegal submission."
    "Processing and delivery times may in practice limit the number of video games Subscriber can rent each month."
    Billing
    "Subscriber will be billed a flat fee including GST, if applicable, once a month and Subscriber may cancel at any time."
    "Subscriber's membership fees includes ALL postage and handling charges."
    Plans
    "Subcriber may change plans at any time."
    "Upgrades in plans will only result in billing the difference of the plans."
    "Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited."
    "Future billing cycles will be billed at the new rate."
    Cancellations
    "Subscriber may cancel online anytime."
    "Cancellations take effect immediately. No refunds or credits will be given for partial months of use."
    "All rented Games must be returned to GameKingdom within 7 days of cancellation."
    "After Cancellation any unreturned rentals will be subject to standard GameKingdom restocking fees based on the Manufacturer's Suggested Retail Price for the Game."
    Special Offers and Promotions
    "Promotions and special offers are available only for first-time GameKingdom customers, unless stated otherwise on the offer."
    "Each promotion code is limited to one per household.
    "Offers are valid only within New Zealand, are not transferable and are void where taxed or otherwise prohibited by law."
    "Once redeemed, all promotional offers are final and are not eligible for refund or return."
    MISCELLANEOUS
    "I agree to be personally liable and fully indemnify GameKingdom for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from www.GameKingdom.co.nz , alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from www.GameKingdom.co.nz, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s)."




     


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