Terms & Conditions

Terms & Conditions

Acceptance of Terms

Welcome to GameHuddle. The GameHuddle.com website (the "Website") and the GameHuddle Rental Service (the "Service") are owned and operated by GameHuddle, Inc. (hereinafter referred to as "GameHuddle","we" or "us").

GameHuddle 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 Terms of Use on the www.GameHuddle.com homepage. By using, visiting, or browsing the Website, you accept and agree to be bound by these terms.

Privacy

Any information you submit to us, or any information we collect, is subject to the GameHuddle
Privacy Policy.

Your Account

If you use the Website or the Service, you represent and warrant that all information you supply to GameHuddle is complete and accurate. You must have internet access and valid U.S. credit or debit card to use the Service. We do not accept pre-paid or international credit cards. 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 Website. By using the Website, 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 you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with GameHuddle at anytime by clicking on the "Your Account" link, located at the top of the pages of the Website.

Limitations of Use

You must be 18 years of age or older and reside in the continental United States or the District of Columbia to subscribe to the Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The games we distribute and the content on the Website are strictly for personal and non-commercial use. We agree to deliver games to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your subscription and the limited license granted by us.

Credit Card Billing

Your GameHuddle membership will continue in effect unless and until you cancel your membership or we terminate it. By becoming a member, you agree that we are permitted to charge your credit card (plus applicable taxes) for any game rentals, fees or other purchased items from GameHuddle.

GameHuddle is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. We also reserve the right to change our fees, but we will notify you in advance if we do so.

Shipping Policies

Our goal is to ship you the game the same day we receive your order. We currently ship six days per week (Monday through Saturday) using USPS first class mail. We do not ship during USPS holidays. We will send you an email when we have shipped your rental game and another email when your rental game has been received.

We reserve the right to ship rental games among the members of our Service in any manner we determine. Factors that may impact the delivery time are (i) delivery issues within the USPS system; and (ii) technical problems within GameHuddle and/or the internet.

Rental Fees

GameHuddle charges a daily fee for the renting of video games. Members who rent on GameHuddle are charged an up front fee of $5 per game rented at the time of rental. For every day after the initial 5 days (not including grace days), members are charged 40¢ per day, per game rented. These additional charges will not be billed to your credit card until we receive the game(s) back to our shipping center.

The number of days that are charged as rental days is determined by taking the total amount of days the game is out minus to and from shipping days to your state of address from the GameHuddle processing center. For instance, if GameHuddle ships a game to an address in Illinois on the 15th of the month and it is returned to the processing center on the 23rd, an example of a rental fee calculation is below:

8 days total – 2 days shipping to Illinois – 2 days shipping back to GameHuddle = 4 days rental fees.

Right to Terminate

We reserve the right to terminate or restrict the use of our Service, without notice, for any or no reason.

Member Status

As an added layer of security, GameHuddle utilizes a member verifcation system. All new members to GameHuddle are considered "unverified", meaning they can only rent up to one game at a time. We also reserve the right to refuse to ship rented games to accounts that share the same mailing address if the members living at said address are considrered unverified. After 3 successfull rental cycles, a member's account is eligible to be upgraded to "verified" status. Under verified status, members can rent up to 3 games at a time and GameHuddle will also be more lenient with shipping mulitple games to the same mailing address.

Lost, Unreturned and Damaged Games

You agree to allow us to charge your credit card for the current retail price or replacement price (whichever is higher) of a game in the following situations:

• 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 and reported it to use as lost; or
• If you have damaged a game (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 and you wish to receive a credit, the game must be returned in playable condition via USPS registered mail or a shipping dispute must be filed within 30 days of the date of the sale. After 30 days, all sales are final. If we are unable to charge your credit card for an unreturned game, your account may be sent to a collections agency. 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.

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.

Any game you share with GameHuddle is guaranteed to be returned in the same condition that it was originally received by us in. Shared games that are lost or damaged during the rental process are replaced on our behalf before being sent back to their respective owners. However, once a shared game has been requested back and sent out from our shipping center, any damage or theft of said game is no longer the responsibility of GameHuddle, and any disputes regarding these matters should be taken up with the USPS.

Because GameHuddle's inventory is entirely comprised of video games that are not owned by GameHuddle, we take a very strict stance on first time lost games. As a new member of GameHuddle, your member status is considered "unverified". If your initial rental as a GameHuddle member is lost, damaged beyond repair, or stolen, you will be charged a game replacement fee of $50.

After three (3) successful rental cycles, accounts are eligible to be upgraded to a "verified" status. Verified members can rent up to three (3) games at once and will be allowed one (1) lost, damaged, or stolen game on their account without being charged a replacement fee.

Personal Property

If we are able to identify a CD, DVD, game or other item inadvertently submitted to us as a rental return, we will make a reasonable attempt to return the item to the sender. You hereby release us from any liability arising from the receipt and attempted return of such items.

We will also not accept any game shared with us that can be identified as personal property (ie. penned, markered, stamped etc. with the owner's initials or name).

Sales Tax

GameHuddle will charge all applicable sales and local tax.

Fair Credit Billing Act

Federal law limits your liability for unauthorized charges to your account. The Fair Credit Billing Act (FCBA) states that your credit card company (creditor) cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your account. GameHuddle will pay up to $50 of your liability if your credit card is used fraudulently at the Service.

Game Owners

GameHuddle partners with game owners to share rental revenue games. Game owners can become members to the Service and record their current game inventory. GameHuddle will note which games that there is/are a rental demand for. Game owners can elect to mail their games to GameHuddle to allow us to rent the games to other gamers.

Game Shipping

Game owners who wish to earn revenue by allowing GameHuddle to rent their video games can ship their games to GameHuddle so they can be entered into the “available for rental” inventory. GameHuddle requires that the owner’s games are shipped to GameHuddle using GameHuddle provided packaging. This ensures that the safest packaging method is consistently applied. The packaging has prepaid postage applied. The game owner is charged for the packaging and prepaid postage at the time of acceptance. It is recommended that the game owners insure their shipment to cover lost or damaged shipments.

Game Inventory

GameHuddle reserves the right to make available game owner’s games for a minimum of 30 days before the game owner is allowed to request their game inventory to be returned. Game inventory is returned to the game owner when:

• Owner requests game returned (after a minimum of 30 days in GameHuddle inventory)
• Demand for the game is not sufficient to warrant keeping it in inventory

If GameHuddle determines that a game is to be shipped back to a game owner, GameHuddle will pay the shipping of the game back to the game owner. Games returned to their owners are not necessarily the exact copy of the game they shared, rather a similar copy of equal condition from GameHuddle's inventory.

Lost Games

During the course of renting, processing and shipping games, a small percentage of them will get damaged or lost. GameHuddle will replace owner’s games that are lost or damaged during the rental process. The replacement will be guaranteed to be in good playable condition.

Fraud and Malice

If GameHuddle determines that an account(s) is being used maliciously for what we believe to be fraudulent activity, we reserve the right to charge the member or members responsible for the full cost of any property stolen from GameHuddle.

Revenue Sharing

GameHuddle shares rental revenue with game owners on a monthly basis. By the 7th of the following month, the rental revenue from the owners’ game(s) will be calculated and applied to the game owner’s account. When the credit balance reaches $25.00, the credit is distributed to the game owner via the game owner’s Paypal account. If the game owner does not have a Paypal account established, Paypal will email the game owner that there is money waiting them at Paypal. The game owner will then need to establish the Paypal account and the money will be transferred into their bank account within 3 business days.

A game owner can also use any credit on their account as payment for games that they rent through GameHuddle.

1099-MISC Form

If at any time during the calendar year a game owner earns $600.00 or more in rental income, GameHuddle will mail a 1099-MISC tax form to the game owner.

Intellectual Property

All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of GameHuddle, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from GameHuddle, Inc. and any other copyright holder.

You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. GameHuddle does not condone the copying of video games or other infringing activities.

GameHuddle is a registered trademark of GameHuddle, Inc. GameHuddle's trademarks may not be used in connection with any product or service that is not GameHuddle's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GameHuddle. All other trademarks not owned by GameHuddle that appear on the Website or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GameHuddle. Any images of persons or personalities contained on the Website or in games shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Web Site Content

GameHuddle offers synopses, reviews, instruction manuals, and user comments pertaining to the games we distribute. Under no circumstances shall GameHuddle, Inc. or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

Some hyperlinks on the Website may lead to other websites that are not owned or controlled by GameHuddle, Inc. GameHuddle 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. GameHuddle 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 Service, you agree to receive electronic communications from GameHuddle. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the Service and features. These communications are part of your subscription to our Service. 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 GameHuddle.com Website

By using the Website, you agree (i) not to upload, post, email, 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 Website;(ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.

User Reviews and Other Content

Visitors may post or submit reviews, comments, suggestions, ideas, questions, or other content 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. Such posts or submissions shall 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. GameHuddle reserves the right (but not the obligation) to remove or edit such content. GameHuddle is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.

If you do post content or submit material, and unless we indicate otherwise, you grant GameHuddle 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 GameHuddle 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 (i) you own or otherwise control all of the rights to the content that you post; that the content is accurate; (ii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iii) that you will indemnify GameHuddle or its affiliates for all claims resulting from content you supply. GameHuddle has the right but not the obligation to monitor and edit or remove any activity or content. GameHuddle takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

If you believe that material on the Website is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with GameHuddle's designated copyright agent:

By Mail To:
Chief Executive Officer
GameHuddle, LLC
P.O. Box 42461
Pittsburgh, PA 15203

By E-mail: copyright@gamehuddle.com

For your complaint to be valid under the Digital Millennium Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Disputes

You and GameHuddle expressly and irrevocably agree that the U.S. District Court for the Western District of Pennsylvania and/or the Pennsylvania Superior Court – Pittsburgh Office shall have exclusive jurisdiction over any dispute between you and GameHuddle. You and GameHuddle expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Limitations on Liability

THE CONTENTS OF THE GAMEHUDDLE.COM WEBSITE AND THE GAMES 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 WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, GAMEHUDDLE 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 GAMEHUDDLE.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU 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 ANY GAMES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL GAMEHUDDLE.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR GAME CONSOLE OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES. WHILE GAMEHUDDLE WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, GAMEHUDDLE 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.

To Contact GameHuddle

If you have a question or concern about these Terms of Use, please contact GameHuddle support.

By mail to:
Customer Service
GameHuddle, Inc.
P.O. Box 42461
Pittsburgh, PA 15642