Terms and Conditions

These Terms and Conditions (“Terms“) govern your use of the services provided by BoardGames.com as well as all other online properties owned and/or operated by Board Games Inc. (collectively referred to as “Properties”)

Our Privacy Policy explains the way we collect and use your information as well as our expectations with respect to your behavior when using BoardGames.com and associated Properties. By using BoardGames.com you agree to be bound by these Terms as well as those outlined in our Privacy Policy.

If you’re using our services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

Your Content

When interacting with BoardGames.com you may be given the opportunity to share data such as reviews, posts, contact information, messages or any other type of digital submissions (collectively referred to as “Content”).  We reserve the right to remove Content on BoardGames.com that violates our Terms or that we otherwise reasonably believe may create liability for BoardGames.com.

Your Obligations

• You must provide accurate information when you create your BoardGames.com account.
• You are responsible for safeguarding the password and for all activities that occur under your account. You should notify BoardGames.com immediately if you become aware of any breach of security or unauthorized use of your account.
• You must comply with these Terms at all times when using BoardGames.com.
• You may never use another user’s account without permission.
• BoardGames.com and other Properties are not intended for use by persons under the age of 13. By using any of the Properties you are representing to us that you are over the age of 13.

Your Use of Third Party Applications

If you elect to utilize any third party application in connection with your use of BoardGames.com, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application providers utilize your Content and other information, you should review their privacy policy.

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Termination

We reserve the right to suspend or end your account with BoardGames.com at any time at our discretion and without notice. We may also terminate or suspend your access to BoardGames.com at any time if you are not complying with these Terms or if you are using BoardGames.com in a manner that we believe may cause us financial or legal liability.

Intellectual Property Rights

Our services (excluding Content provided by users) constitutes BoardGames.com’s intellectual property and will remain the exclusive property of BoardGames.com and its licensors. Any feedback, comments, or suggestions you may provide regarding BoardGames.com is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright

BoardGames.com respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to BoardGames.com using the process set forth in our DMCA Policy.

Indemnification

You agree to defend, indemnify and hold harmless BoardGames.com and its licensee and licensors, and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to BoardGames.com, or from or in connection with any Content uploaded to BoardGames.com through your account by a third party using your account with your knowledge or consent.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOARDGAMES.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, BOARDGAMES.COM, WHETHER OR NOT BOARDGAMES.COM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BOARDGAMES.COM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE BOARDGAMES.COM SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO BOARDGAMES.COM IN CONNECTION WITH YOUR USE OF BOARDGAMES.COM DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

Dispute Resolution

You agree that prior to filing any claim against BoardGames.com relating to or arising out of these Terms you will first contact us to provide us with an effort to resolve the issue in an informal manner.

Governing Law

These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Data Transfer

In connection with providing you with our services BoardGames.com may transfer, store and process your Content in the U.S. or in any other country in which BoardGames.com or its agents maintain facilities. By using BoardGames.com you consent to this transfer, processing and storage of your Content.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and BoardGames.com and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of BoardGames.com.  If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. BoardGames.com’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Notices

These Terms are subject to change at any time at the discretion of Board Games Inc. and will be updated on BoardGames.com when any revisions are made.  We may, but are not obligated to, provide you additional legal notices related to your account via email using the email address associated with your account.