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USER AGREEMENT
Rent All The Games You Want For As Low As 599/mo.
All Original Titles, Play Games For As Long As You Like! No Overdue Charges!
Welcome to Gamehopper’s User Agreement. This agreement describes the terms and conditions applicable to your use of Gamehopper’s systems and services. By submitting your registration, you hereby agree to the terms and conditions stated below.
Use of the Site. Use of Gamehopper, its systems and services are governed by this User Agreement and other guidelines. Gamehopper provides an online venue that allows members to rent original videogame titles and play games for as long as the member wants upon payment of the applicable membership and monthly service fee. Use of said services should be in compliance with this User Agreement and other published guidelines found on this site.
Modification of User Agreement. Gamehopper reserves the right to change the terms and conditions, and notices of this User Agreement, including but not limited to the charges associated with the use of the Gamehopper. You are responsible for regularly reviewing these terms and conditions and the additional terms posted on this site.
Registration. To become a member of Gamehopper, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable membership form at www.gamehopper.com.ph. Gamehopper shall not be liable for any act or omission arising out of or in connection with an incompletely or erroneously filled membership form. You then will choose a password and a username. You shall accomplish your own GameBox which will contain the list or line-up of videogame titles that you want to rent.
You shall be responsible for updating the information which you have provided to ensure that the information is always current and valid. You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gamehopper immediately of any unauthorized use of your account or any other breach of security. Gamehopper will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gamehopper or any other party due to someone else using your account or password. You may not use anyone else’s account anytime, without the permission of the account holder.
Membership. The use of our systems and services is limited to individuals or entities who can enter into and form legally binding contracts under applicable laws and use the Gamehopper services in accordance with all the terms and conditions herein. You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement and to use the services in accordance with all the terms and conditions herein. Minors (i.e. below 18) are not allowed to register.
As a member of Gamehopper, you agree to be financially responsible for all the use of the Services (as well as for the use of their account by others, including without limitation minors living with you. You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number and credit card number.
Prospective members should provide truthful and accurate information when registering, as registration indicates acceptance of the User Agreement. Supplying fraudulent information will be grounds for denial of membership and civil and criminal liabilities. Gamehopper reserves the right to deny the use of its systems and services to anyone at anytime and for any reason whatsoever in its sole discretion.
A monthly service fee in the amount of either Five Hundred Ninety Nine Pesos (P599.00); Seven Hundred Ninety Nine Pesos (P799.00); or Nine Hundred Ninety Nine Pesos (P999.00), depending on which plan you choose, shall likewise be charged to the members of Gamehopper for the use of the Gamehopper systems and services. The monthly service fee is charged for every month that the Gamehopper systems and services are utilized.
- Plan 1game-out @ P599.00 / month : Try as many games as you want, at game at a time.
- Plan 2game-out @ P799.00 / month : Try as many games as you want, at 2 games at a time.
- Plan 4game-out @ P999.00 / month : Try as many games as you want, at 4 games at a time.
You can try as many Videogames as you choose, up to the limit on outstanding games applicable to each membership plan. There are no overdue charges, play as long as you like! However, succeeding videogame titles may be tried out upon return of the previous videogame title and payment of the applicable monthly service fee.
The payment of your monthly service fee shall be fully paid before or simultaneous with the delivery by Gamehopper of the member’s choice of videogame title at the address indicated in their membership form.
Gamehopper reserves the right to alter any and all fee from time to time, without notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
GameBox. GameBox consists of the list of videogame titles that a member wants to rent. You shall be allowed to fill up 15 to 30 preferred videogame titles in your GameBox upon your registration with Gamehopper. Preference shall be given to the videogame title in the order that it is listed in the GameBox. Thus, should the first videogame title in the GameBox be unavailable for rental, the next title in the list may be rented out. You may update your GameBox at anytime. However, reservations will not be honored. Gamehopper does not guarantee constant availability of its videogame titles and network systems.
Delivery Service. Delivery of the Gamehopper videogame title will be via Gamehopper delivery service. A delivery fee shall be charged to a member in an amount depending on the member’s delivery address. Gamehopper shall have the right to refuse delivery of videogame titles for reasons including, but not limited to, any of following instances: (1) ordinary unfavorable weather conditions; (2) non-availability of videogame titles to be delivered by Gamehopper; (3) failure to return previous videogame title; (4) refusal to pay monthly service fee; (5) labor problem, including strikes and lockouts, or dispute involving the Gamehopper’s employees or personnel or those of its agents or suppliers; or (6) force majeure or fortuitous events.
Game Titles. Each videogame title is delivered in the Gamehopper packaging, affixed with security stickers and should not be tampered in any way. The Original manual and box of the videogame title are not included in the rented videogame title. Should the videogame title delivered be defective, Gamehopper shall replace the same free of delivery charge upon prior notice by the member of the alleged defect to Gamehopper. Failure to give prior notice of defect to Gamehopper within three (3) days from receipt of the videogame title shall mean receipt of the videogame title in good condition. Gamehopper shall not be liable for any loss or damage that may arise out of or in connection with the defective videogame title.
INTELLECTUAL PROPERTY RIGHTS.
Proprietary Rights. You acknowledge that the videogame titles being rented out contain information, data, software, photographs, graphs, 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 the existing copyright laws. You 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. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission from the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Distribution and uploading of content. Gamehopper videogame titles shall be used for personal purposes only. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Gamehopper, nor its affiliates, nor any of their officers, directors, employees, agents, suppliers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
DISCLAIMERS AND LIMITATION OF LIABILITY. You expressly agree that use of gamehopper.com.ph is at your sole risk. Neither Gamehopper.com.ph, nor its affiliates, nor any of their officers, directors, employees, agents, merchants, licensors warrant that gamehopper.com.ph will be uninterrupted, secure or error-free. Gamehopper shall not be liable for any loss or damage arising out of or in connection with your use of the videogame title.
You shall render Gamehopper free and harmless from any and all claims, liabilities, demands, actions, obligations, losses, injuries, damages and proceedings whatsoever made against Gamehopper by any person whosoever arising out of or in connection with (a) your fault or negligence or your officers, employees or agents, (b) any violation of the representations and warranties hereunder, or (c) any violation of any law, ordinance or rules and regulations. Further, you agree that Gamehopper shall not be liable or responsible under any circumstances, whether tortuous or otherwise, for any loss, damage, injury or disturbance you incurred, or by your employees, agents, or any other person whosoever, arising out of or in connection with the use of the videogame titles, which were not caused by the fault or negligence on the part of Gamehopper. You shall indemnify and hold the Gamehopper free and harmless against any and all claims, demands, actions, obligations, liabilities, loss, injuries, damages and proceedings whatsoever made against Gamehopper by any person whosoever by reason of your fault or negligence or those which Gamehopper shall not be liable for under this provision, and against all costs and expenses incurred by Gamehopper with respect of such claims, demands, actions, obligations, liabilities, loss, injuries, damages and proceedings.
Penalties and Charges. A member’s account shall be deemed terminated upon the happening of any of the following circumstances: (a) The member has been INACTIVE for a period of six (6) months (member is considered inactive if the member fails to pay the Monthly Service Fee); (b) The member refuses to pay the membership fee, or any other charges, fees, duties, taxes, and assessments arising out of the use of the services for any charges; (c) The member should provide false and erroneous information and (d) The member shall commit fraudulent or abusive conduct or any other act in violation of any applicable laws or rules.
A videogame title shall be considered sold when the Media (Disc, UMD, Card or Cartridge) of the videogame title is (a) damaged and /or vandalized in whole or in part; and (b) tampered by the removal of its security stickers and other security materials. In which event, the member who causes any of the foregoing act shall be held liable to pay for the full amount of the cost of the videogame title.
Termination. Gamehopper reserves the right to deny the use of any of its system and services to anyone at any time and for any reason without prior notice, In addition, Gamehopper may terminate membership and member’s access, or suspend any member’s access to all or part of Gamehopper.com.ph, without prior notice, for any fraudulent or abusive conduct or commission of any act which Gamehopper, in its sole discretion, believes is in violation of any applicable laws or rules. Should you want to terminate your membership, you shall immediately notify Gamehopper thereof. Upon your termination of the membership, you shall be allowed to keep the current title in your custody at the time of termination. |
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