Damn It!
 

I just bought my xbox 360 for my birthday and its messing up. I've been playing COD 5 nonstop and then earlier i put it in to play and it keeps saying cannot read disk. Im letting it sit for the day but i wonder if this is a even bigger problem. Anyone else have this problem?

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Assuming the disk is having no problems itself - a visual inspection should give you this information - it sounds like a manufacturing fault with the console.
In most cases you can return the console with a proof of purchase within 30 days post purchase to swap it for a new one instore.

Its the console. I cant bring it back though because i dont have a reciept :(

Why the hell would you get rid of the receipt ?

I never keep reciepts i just never think im going to need them. Besides its been over 30days.

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Yea i learned that lesson. Im pretty pissed though because i was on the vendetta mission for call of duty 5 and thats one of my favorite missions. I already beat it on recruit now i was on regular :(

I always buy at a place with a replacement plan. Last time I took mine back to Best Buy and since I paid $299 and the new price was $249 they gave me $50 dollars back (which I used to buy a new replacement plan on the new box).

Without a receipt, a company technically doesn't need to provide any kind of warranty service whatsoever - that's why you keep receipts for anything that CAN fuck up worth say, over $10.
You should be alright to get it repaired though - when I worked for Playstation, if a console/model was released within a year ago, it would be considered automatically under warranty for slightly longer than a year from that point...although, can't garauntee that kind of luck with xbox, I mean, it is microsoft and all.