GameFools On Demand Terms of Service

Welcome to the Terms of Service (the "Terms") for GameFools On Demand (the "Program"). Among other items, these Terms describe in more detail the following highlights of the Program:

1. SCOPE OF TERMS

These Terms define our respective rights and obligations with respect to your participation in the Program on the GameFools website located at www.gamefools.com (the "GameFools Website").

These Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with your Program membership, constitute the entire agreement between you and GameFools LLC ("GameFools") related to the Program. Please note that your use of the GameFools Website and your Program membership are also governed by our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the GameFools Website, all of which (as changed over time) are incorporated into these Terms. If you register for membership, you accept these terms, conditions, limitations and requirements.

YOUR USE OF GAMEFOOLS SOFTWARE WILL BE GOVERNED BY THE GAMEFOOLS END USER LICENSE AGREEMENT ("EULA") ACCOMPANYING THE GAMEFOOLS SOFTWARE. THESE TERMS SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF THE EULA.

Your participation in the Program constitutes your express acceptance without reservation of these Terms and the EULA, as well as the Terms of Use, the Privacy Policy and all other conditions contained in the GameFools Website including any amendments or updates thereto.

2. MEMBERSHIP BENEFITS AND PAYMENT

Your monthly membership fee (the "Membership Fee") will entitle you to receive the following membership benefits (collectively, the "Membership Benefits"): unlimited play to our entire GameFools collection of full-version PC games, access to discounted games and other exclusive offers, and special rewards and gifts based upon your status as a Program member.

You agree to pay GameFools the Membership Fee each month by using a valid credit or debit card, or other payment method we accept. Payments are billed in advance on a recurring monthly basis based upon the date when your Program membership commences. For example, if your Program membership commences on January 1, your Membership Fee will be billed on the first (1st) day of every succeeding month.

All payments are refundable within 30 days by request only. Taxes may apply on the Membership Fees. You agree to provide GameFools with valid credit or debit card (or other payment method) information, as well as any updates to such information, such as new expiration dates on credit or debit cards.

YOU HEREBY AUTHORIZE GAMEFOOLS TO AUTOMATICALLY CHARGE YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR ALTERNATIVE PAYMENT METHOD YOU HAVE SELECTED, EACH MONTH UNTIL YOU CANCEL YOUR PROGRAM MEMBERSHIP.

You agree to notify GameFools about any billing problems or discrepancies within ninety (90) days after they first appear on your relevant account statement. If you do not bring them to GameFools' attention within such time, you agree that you waive your right to dispute such billing problems or discrepancies.

3. CANCELLATION OR TERMINATION OF MEMBERSHIP

You may cancel your Program membership online at any time. We may also terminate your Program membership at our discretion without notice, including, without limitation, if you violate any provision contained in these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

You understand and agree that cancellation of your membership is your sole right and remedy with respect to any dispute with GameFools with respect to your Program membership. This includes, but is not limited to, any dispute related to or arising out of: (a) any of these Terms or GameFools' enforcement or application thereof, (b) any other policy or practice of GameFools, including, without limitation, GameFools Terms of Use or Privacy Policy, or GameFools' enforcement or application thereof, (c) your ability to access and/or use the GameFools Website, any content on the GameFools Website, or any software used to download or access the GameFools Website or any such content, or (d) the amount or type of any Membership Fees, applicable taxes or billing methods relating to your Program membership, or any change to such Membership Fees, applicable taxes, or billing methods.

4. MODIFICATION OF TERMS OR PROGRAM

From time to time, GameFools may choose to modify the Program or these Terms, including, without limitation, the price, content or nature of the Program or the information contained in these Terms, upon notice to you. In the event GameFools elects to do so, you may cancel your membership in accordance with Section 3 of these Terms. If any change to these Terms is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity or the enforceability of any other change to these Terms. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THESE TERMS.

5. PARTICIPATION AND USE RESTRICTIONS

You agree that your participation in the Program is subject to the following restrictions: (a) you may not permit other individuals or entities to access or participate in the Program using your account information, including, without limitation, your username and password, (b) you may not license or otherwise transfer your Program membership to any third party, and (c) you may not remove or modify any proprietary notices contained in or relating to, or copy, modify, translate, distribute or create derivative works of, any of the games featured in the Program. Your participation in the Program is solely for your personal, non-commercial use. You may not use or participate in the Program for any commercial purpose. You may not attempt through any means to circumvent technological measures employed to control access to or the rights contained in any Program content file.

You are responsible for maintaining the confidentiality of your password and account information, and agree to notify GameFools immediately of any unauthorized account use. GameFools is in no way responsible for any loss that you may incur as a result of any unauthorized use of your password and account information.

In addition to any other rights and remedies available to GameFools and its content suppliers, GameFools may immediately terminate your Program membership if you fail to comply with any of the terms and conditions contained in this Section.

6. E-MAIL NOTIFICATION

From time to time, we may want to let you know about new Program features and content that will enhance your participation in the Program. You agree that as a Program member, GameFools may send such e-mails to you at the e-mail address you provided to us. At any time, you may opt-out of receiving these e-mails by selecting the "unsubscribe" link at the bottom of such e-mails.

In addition, you agree that, even if you choose to opt out of receiving these or other communications from GameFools, we may send you these Program update e-mails if, in our sole discretion, we determine that such communications are essential to the Program generally, or to your continued participation in the Program.