Gameflix TV Terms of Use

Gameflix TV, including the associated software, materials and services (“GAMEFLIX”) is a GameStream service that enables users to play their local PC games from an internet-connected device.

These terms are a legal agreement between you and GAMEFLIX Corporation ("GAMEFLIX") for the use of GAMEFLIX. By registering for or using GAMEFLIX you are affirming that you have read and agree to these terms.

These terms can be accepted only by an adult of legal age of majority in the country in which GAMEFLIX is used. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to these terms. If you are not old enough to enter into these terms or if you don’t accept all the terms and conditions below, do not use GAMEFLIX.

1. License.

1.1. Grant. Subject to these terms, GAMEFLIX grants you a non-commercial, personal, non-exclusive, non-transferable license to access and use GAMEFLIX during the term of services through a supported device, one session at a time, for your entertainment with video games. The list of GAMEFLIX supported devices is available on GAMEFLIX websites.

1.2 GAMEFLIX Service Providers. The GAMEFLIX service may be provided to you by GAMEFLIX or by a GAMEFLIX Alliance Partner, and the party that is providing the service will determine the details of the offering, the terms and the membership fees that are applicable to your use of GAMEFLIX and the payment terms. All transactions with a GAMEFLIX Alliance Partner are solely between you and the GAMEFLIX Alliance Partner. GAMEFLIX expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding such transactions (including GAMEFLIX charges and bank-related charges) is from or through the GAMEFLIX Alliance Partner. If your GAMEFLIX service is provided by a GAMEFLIX Alliance Partner, you agree that GAMEFLIX and GAMEFLIX Alliance Partners will share information about your use of GAMEFLIX and payment of applicable fees.

1.3 Performance. A number of factors may affect your use of GAMEFLIX, or may impede or interfere with your ability to start or continue using GAMEFLIX or certain content or may result in the loss of data such as game saves, and you understand that GAMEFLIX is not responsible for these: (a) any factors or circumstances outside of GAMEFLIX’s reasonable control, including issues with your device, telecommunications, firewall, your service providers, or the public internet; (b) the type of device you have, your location, the available bandwidth, or the speed of your internet connection, and in some cases GAMEFLIX or by a GAMEFLIX Alliance Partner may decrease the resolution and bitrate of the content streamed to you in an effort to provide a better user experience; or (c) other reasonable technical reasons, errors, unexpected demand for a service, or bandwidth constraints.

2. Content.

2.1 Content. GAMEFLIX or a GAMEFLIX Alliance Partner is enable you a GameStream PC for gaming, and it is your responsibility to have sufficient rights to use the content (i.e. third-party video games or DLC (downloadable content)). Certain content may only work on certain types of devices. Not all the content you have may be used when streaming from GAMEFLIX. Content purchased from a digital store on GAMEFLIX may not be available to stream from GAMEFLIX. The availability of content on GAMEFLIX may vary over time, as examples: terms from service providers or game publishers may change, content may not be available from GAMEFLIX and each Alliance Partner equally or in certain geographies or languages, and content that was previously available on GAMEFLIX (including your saved games) may become unavailable later on GAMEFLIX. When you obtain content, whether through GAMEFLIX or separately, the content provider may require you to accept their terms, open a user account and/or may charge you for the content.

From time to time, you may find content from a content provider that is available from GAMEFLIX or a GAMEFLIX Alliance Partner at no charge to select users, based on territory, device, membership plan, or other promotional criteria. Promotional offerings may last for a limited time and may change or end without notice. Activities and transactions between you and a content provider (as examples, content settings, use, purchases and related advertising), even if taking place through GAMEFLIX, are solely between you and the content provider. GAMEFLIX does not endorse or assume any responsibility for any content, or for information, materials, products or services that users receive from other parties or load for use with GAMEFLIX.

2.2 Content For Different Ages. You acknowledge that on GAMEFLIX you will have access to content rated for different ages, and it is up to you to set the filters for your permitted users to use age-appropriate content. You must follow the age rating rules of your country and laws.

2.3 Content Management. You acknowledge and agree that GAMEFLIX may, but is not obligated to, block, monitor, scan or review communications or content transmitted through GAMEFLIX and that GAMEFLIX reserves the right to stop communications or remove content as described in section 10. GAMEFLIX accepts no responsibility or liability for content from other parties (yours or of content providers) regardless of whether such content is transmitted to or by you in breach of these terms.

3. Limitations.

3.1 You may not use GAMEFLIX, or load content to GAMEFLIX, for any purpose other than as described in section 1 above and as permitted under the laws, regulations and guidelines of your place of use.

3.2 You may not copy, sell, rent, sublicense, transfer or distribute any portion of GAMEFLIX, and you may not use GAMEFLIX commercially, for virtual item mining, botting or farming, for character level up botting, or for crypto currency mining.

3.3 You may not reverse engineer, decompile, disassemble, modify, create derivative works, or remove copyright or other proprietary notices from any portion of GAMEFLIX.

3.4 You may not misuse, disrupt or exploit GAMEFLIX or GAMEFLIX servers for any unauthorized use, or try to access areas or download software or materials not intended for users (including using GAMEFLIX in any way to access any unauthorized third-party sites), or load to GAMEFLIX servers any malware (such as viruses, drop dead device, worm, trojan horse, trap, back door or other software routine of such nature), or disturb the use and enjoyment of GAMEFLIX by other users.

3.5 You may not remove, block, alter, disable, obstruct, or otherwise disrupt any advertisements presented as part of the GAMEFLIX service.

4. Pre-release Service and Features.

GAMEFLIX features or versions may be identified as alpha, beta, preview or otherwise in pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided GAMEFLIX software, materials and services. Use of a pre-release version may result in unexpected results, such as loss of use or loss of content. You may use a pre-release version at your risk and stop at your convenience.

5. Ownership.

GAMEFLIX, including all intellectual property rights, is and will remain the sole and exclusive property of GAMEFLIX or its licensors. Except as expressly granted in these terms, GAMEFLIX reserves all rights, interests, and remedies in connection with GAMEFLIX. You agree to cooperate with GAMEFLIX and provide reasonably requested information to verify your compliance with these terms.

6. Updates.

GAMEFLIX may change, discontinue, or deprecate any part, or all, of GAMEFLIX, or change or remove features, functionality or content (including games) available, and your continued use of GAMEFLIX is deemed acceptance of such changes. In addition, you agree to receive automatic maintenance, updates and/or upgrades without notice and you permit GAMEFLIX to download and install them for you. GAMEFLIX may be temporarily unavailable, inaccessible or slow when GAMEFLIX is performing maintenance or upgrades or at other times for reasons not within GAMEFLIX’s reasonable control.

7. Log-in Information.

You are responsible for maintaining your log-in information secure for your use only, and for the activities under your account. You agree to notify GAMEFLIX of any known unauthorized use of your GAMEFLIX account.

8. Important Safety and Health Notice.

GAMEFLIX hopes you will find the use of GAMEFLIX enjoyable. However, for some individuals under certain circumstances, using GAMEFLIX (or content on GAMEFLIX) might have harmful effects on your health or safety. As an example, a very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Also, discontinue using GAMEFLIX (or content on GAMEFLIX) if you experience health problems or symptoms including (but not limited to) lightheadedness, dizziness, or other discomfort, pain or health concern and consult your physician when appropriate. You are responsible for managing your health risks and choosing whether or not to use GAMEFLIX. You waive GAMEFLIX’s liability for any liabilities, damages, losses, costs and expenses that result from these risks.

9. Third-party Software.

GAMEFLIX may come bundled with, or otherwise include or be distributed with, third-party software licensed by a GAMEFLIX supplier and/or open source software provided under an open source license. Use of third-party software is subject to the third-party license terms, and in the event of conflict with these terms the thirty-party terms shall govern.

10. Suspension / Termination.

GAMEFLIX may suspend or terminate your right to use GAMEFLIX, or content on GAMEFLIX, at its discretion, including (but not limited to) non-payment of applicable fees or if GAMEFLIX reasonably suspects or determines that a use does not comply with these terms, the rights of others, or applicable laws and regulations.

GAMEFLIX may investigate violations of these terms or misuse of GAMEFLIX and may report activities to law enforcement, regulators or other parties.

All provisions of these terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

11. Data Collection.

You hereby acknowledge that to use GAMEFLIX and depending on your privacy preferences, GAMEFLIX may access and collect data in order to: (a) properly configure and optimize the device in which GAMEFLIX is installed for use with the device; (b) deliver content, advertising content, or service through GAMEFLIX; (c) improve GAMEFLIX products and services; and (d) provide automatic updates.

To improve the performance and quality at which GAMEFLIX streams games to your machine and to run and update software and materials on your device, GAMEFLIX will need to process system data such as software version numbers, geographical region, internet speed, games played, session data and system information such as CPU, GPU, device serial number and system memory.

If you opt-in to share Technical Data from your device to help GAMEFLIX find and fix bugs or improve the quality of services, you will be sharing device and accessory information, software (including settings, usage, and how well they run), feature usage, error logs, and geographical information. If you opt-in to Recommendations, GAMEFLIX may inform you of games, apps, and rewards you may enjoy.

If your GAMEFLIX service is provided by a GAMEFLIX Alliance Partner, GAMEFLIX may share your usage and quality data with the GAMEFLIX Alliance Partners so they can better service you. GAMEFLIX receives entitlement and contact information from our game publishers such as Microsoft to facilitate your access to cloud gaming.

Any data will be collected, used, and disclosed by GAMEFLIX in accordance with GAMEFLIX’s Privacy Policy available at https://www.gameflix.tv/privacy-policy/.

GAMEFLIX may contain links to websites and services. GAMEFLIX does not endorse or assume any responsibility for any third-party websites, products, services or information. If you access a third-party website or service, including (without limitation) those of GAMEFLIX Alliance Partners, you do so at your own risk, and you understand that these terms and GAMEFLIX’s Privacy Policy do not apply. GAMEFLIX encourages you to review the privacy statements on those websites and services that you choose to visit so that you can understand how they may collect, use and share your information.

12. No Warranties.

GAMEFLIX IS PROVIDED BY GAMEFLIX “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” GAMEFLIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, GAMEFLIX DOES NOT WARRANT THAT ACCESS TO GAMEFLIX WILL BE UNINTERRUPTED; THAT GAMEFLIX WILL MEET YOUR REQUIREMENTS; THAT GAMEFLIX WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT GAMEFLIX IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAMEFLIX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE PERFORMANCE OF GAMEFLIX, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL GAMEFLIX’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS PAID FOR GAMEFLIX USE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER GAMEFLIX OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The exclusions and limitations of liability in these terms form an essential basis of the bargain between the parties, and, absent any such exclusions or limitations of liability, the terms, including the economic terms, would be substantially different.

Depending on your membership plan, you will experience third-party advertisements while using GAMEFLIX. GAMEFLIX neither endorses nor sponsors any products or services advertised and assumes no responsibility for the offerings of advertisers. Your interactions with advertisers are entirely optional and at your own risk. You acknowledge that GAMEFLIX is not responsible for any damages that may occur as a result of such interactions.

14. Governing Law; Dispute Resolution

14.1 Informal Resolution. If you or GAMEFLIX have any dispute, claim or controversy arising out of or relating to GAMEFLIX or these terms (“Dispute”), the parties agree to work in good faith to resolve the Dispute informally. If you have a Dispute, you must first contact GAMEFLIX and give GAMEFLIX an opportunity to resolve it by contacting GAMEFLIX by mail at GAMEFLIX Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051.  Either you or GAMEFLIX may seek to have a Dispute resolved in the applicable courts in your country of residence or the applicable courts in closest proximity to your residence at any time before an arbitrator is appointed, and you may also bring a Dispute in the small claims court in the Superior Court of California, County of Santa Clara.

14.2 Binding Arbitration. For any Disputes that are not resolved informally or by the applicable court, you and GAMEFLIX each agree to resolve any such Dispute by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") (rules available at https://www.jamsadr.com/). Except as otherwise provided in this section, all issues are for the arbitrator to decide, including jurisdictional and arbitrability issues and the formation, existence, validity, interpretation, and scope of this arbitration provision. The arbitration will be conducted in Santa Clara County, California (or the nearest JAMS office to Santa Clara County), unless you request an in-person hearing in your hometown or you and GAMEFLIX agree otherwise.  You and GAMEFLIX agree that the parties will arbitrate all Disputes, remedies, and requests for relief subject to individual arbitration first, the arbitrator will only determine issues of liability on the merits of any claim asserted, and the arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and GAMEFLIX agree that any remaining unresolved Disputes, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any later court proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. Nothing in these terms will prevent a party from seeking injunctive or other equitable relief from the courts in any jurisdiction to prevent the actual or threatened violation of that party’s data security, intellectual property rights, or other proprietary rights. If for any reason this Section 14.2 is unenforceable concerning any Dispute, and a Dispute proceeds in a court of general jurisdiction, the Dispute will be exclusively brought in state or federal court located in Santa Clara County, California.

14.3 Class Action, Representative Action, & Jury Trial Waiver.  All Disputes must be brought by a party in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and GAMEFLIX agree to waive the right to a jury trial, participate in class action lawsuits, class-wide arbitrations, any collective, consolidated, or other proceeding or request for relief where someone acts in a representative capacity.

14.4 Right to Opt-Out.  You may opt-out of the foregoing jury trial, class action, arbitration, and collective or consolidated proceeding waiver provision by notifying GAMEFLIX in writing within 30 days of commencement of use of GAMEFLIX, within 30 days of the effective date of this Agreement, or within 30 days of any future change GAMEFLIX may make to this Section 14.4. Such written notification must be sent by mail to GAMEFLIX Corporation, Attn: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051 and must include (1) your name, (2) your address, (3) the reference to GAMEFLIX as the service to which the notice relates, and (4) a clear statement indicating that you do not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out. Any opt-out notification received after the opt-out deadline or not including the required items noted in (1)-(4) in the preceding sentence will not be valid and you will be required to pursue your Dispute in arbitration or small claims court. Opting out of this dispute resolution procedure will not affect the terms and conditions of this Agreement, which still apply to you. If you opt-out of any future change GAMEFLIX may make to this Section 14.4, the most recent version of Section 14.4 before the change you rejected will apply. 

14.5 Governing Law. You and GAMEFLIX each agree that all Disputes will be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the State of Delaware and the United States, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any translation of this Agreement is done for local requirements and, if there is a dispute between the English and any non-English versions, you and GAMEFLIX agree that the English version of this Agreement will govern to the extent not prohibited by local law in your jurisdiction.

15. General

You agree that you will not transfer or assign these terms or your rights and obligations by any means or operation of law without GAMEFLIX’s permission. These terms do not create any third-party beneficiary rights.

If GAMEFLIX needs to contact you about GAMEFLIX or content, you consent to receive notices by email or through the software interface and agree that electronic notice will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to GAMEFLIX Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal.

You may, but don’t have to, provide to GAMEFLIX any use information or suggestions, feature requests, or other feedback regarding GAMEFLIX and its contents, including possible enhancements or modifications to GAMEFLIX. For any feedback that you voluntarily provide, you hereby grant GAMEFLIX and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. GAMEFLIX will decide if and how to respond to feedback and if to incorporate feedback into GAMEFLIX.

By accepting these terms, you confirm that you are not currently residing or ordinarily reside in any country or region currently embargoed by the U.S.A. and that you are not otherwise prohibited (e.g. SDN, DPL) from interacting with a U.S.A. company.

These terms constitute the entire agreement between you and GAMEFLIX concerning GAMEFLIX. If it turns out that any provision of these terms is not unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. No waiver or failure to assert a right under these terms shall be deemed a further or continuing waiver of such right or any other right. Unless otherwise specified, remedies are cumulative.

GAMEFLIX may make changes to these terms from time to time. GAMEFLIX will publish the new terms at https://www.gameflix.tv/terms-of-use/ . The updated terms will be effective when published. Please review the terms of use on a regular basis. You understand and agree that your express acceptance of the updated terms or use of GAMEFLIX after the date of publication shall constitute your agreement to the updated terms of use. If you do not agree with the updated terms, you must terminate your use of GAMEFLIX.

(v. OCT 2, 2024)