Terms of Use

Last Revised: January 21, 2013

Welcome to Our website, BoardGaming.com!

Date of Last revision: January 21, 2013

Please read these Terms of Use (the “Agreement”) carefully before using BoardGaming.com. By using BoardGaming.com (the “Site”), you indicate your agreement to these Terms of Use.

PRIVACY

Your privacy is extremely important to us. Please refer to our privacy policy and use it to make decisions about how you wish to use BoardGaming.com

SHARING YOUR CONTENT

In these Terms of Use, We use the word “Submissions” to mean text, ideas, suggestions, data, ratings, likes, dislikes, preferences, survey responses, comments, concepts, artwork, illustrations, pictures, photos, drawings, videos, music, sound recordings, characterizations, usernames, display names, profiles, likenesses, biographical information, and other similar material that you submit, post, upload, embed, display, share, or otherwise disclose or distribute through our website or via email you send to us.

  1. You agree to have your Submissions reviewed by us, and we reserve the right at our sole discretion to modify, to publish, or not to publish your Submissions.
  2. You agree that your Submission will not violate any of the Rules of Conduct described below.
  3. By Submitting your content, you automatically grant to BoardGaming.com, or warrant that the owner of the content as expressly granted, the non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, fully transferable, worldwide, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate them in other works in any form, media, or technology now known or later developed, for any and all purposes including advertising, marketing, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any person or entity.
  4. You agree that you may only upload to or transmit through BoardGaming.com content that is owned by you or for which the owner has given you express permission for distribution on the Internet.
  5. You warrant and represent that you either own or otherwise control all of the rights to your Submissions, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
  6. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.
  7. We caution you to not disclose personal information about yourself or your children, such as social security numbers, credit card numbers, names of children, birthdates, etc.
  8. You understand that deleting your Submission will not necessarily delete it everywhere on the web, because after it has been published, we have no control over what other people might do with Submission
  9. Your Submissions will be available to everyone, and everyone will be able to associate your submission content with your username.
  10. We appreciate suggestions, ideas, and feedback about BoardGaming.com, but you understand that we may use them without any obligation to compensate or recognize you for them (just as you have no obligation to offer them).

RULES OF CONDUCT & SAFETY

Please keep in mind that BoardGaming.com will likely be viewed by children, so you should not do or submit anything that would not be appropriate for ALL ages. We will do our best to keep BoardGaming.com safe, but we cannot guarantee it. So, we need your help, by having you agree to the following rules of conduct:

  1. You will be trustworthy, loyal, helpful, friendly, courteous, kind …
  2. You will not submit anything that is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  3. You will not submit content that discusses or includes implications related to alcohol, sex, drugs, or other mature content
  4. You will not submit anything that infringes or violates the rights of a third party including materials for which you do not own the rights to or are authorized to distribute
  5. You will not submit anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise, or includes solicitations for contributions or donations
  6. You will not collect information from BoardGaming.com using automated means (such as bots, robots, spiders, or scrapers) without our permission.
  7. You will not upload viruses or malicious code
  8. You will not access an account belonging to someone else
  9. You will not submit anything that does not pertain to the topic or theme of the relevant posting
  10. You will not submit anything that is flaming, spamming, farming, flooding, trolling, or griefing (terms generally understood and used on the Internet)
  11. You will not submit anything that is intentionally inaccurate or untrue
  12. You will not do anything that could disable, overburden, or impair the proper working of BoardGaming.com
  13. You will not use BoardGaming.com to do anything unlawful, misleading, malicious, or just plain bad.
  14. You agree to not encourage others to violate these rules.
  15. You agree to report to us any violation of these Rules of Conduct that you encounter on our site. You also agree to not hold us responsible for the actions of others who may be in violation of these terms of use.

REGISTRATION & ACCOUNT SECURITY

If you create an account on BoardGaming.com, we don’t mind if you use a creative and appropriate user name to represent yourself, but for the sake of the community and maintaining security, you must abide by the following rules:

  1. You will not create more than one profile for yourself
  2. You will not create an account for anyone other than yourself, without permission from BoardGaming.com
  3. You will not provide any false information on BoardGaming.com, including saying that you played a game when you didn’t or saying you own a game when you do not.
  4. You agree to provide, maintain and update true, accurate, and current contact information.
  5. You agree to not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s or business’s username, trademark, password or other account information, or another person’s name, likeness, image or photograph.
  6. If you use a username or display name that we believe is inappropriate, we reserve the right to remove or reclaim the username (this would most likely occur if a person, business, or trademark owner complains you are using about a username that does not accurately represent the user’s real name)
  7. You will not use BoardGaming.com if you are under 13 years old
  8. You will not use BoardGaming.com if you are a convicted sex offender
  9. You agree that it is your responsibility to exit from your account at the end of each session.
  10. You are especially cautioned not to log in to your account when using any computer but your own (for security reasons)
  11. You will not share your password with anyone, or do anything else that may compromise the security of your or someone else’s account
  12. If your account is suspended or terminated, you agree to not register again without written permission from BoardGaming.com

PROTECTING THE RIGHTS OF OTHERS

Please help us protect our rights, as well as the rights of others.

  1. You will not disclose any other user or non-user’s personal information, or do anything that would violate someone else’s rights.
  2. We can and will remove any content, information, or other Submission that we believe violates this Agreement
  3. To help you protect your intellectual property rights, if you believe someone has infringed on your rights, send us a DMCA notice.
  4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, you can submit an appeal. However, we cannot guarantee that we will be able to undo the removal, so make sure to keep a backup copy of your reviews or comments in the event that you may need to resubmit them.
  5. All information, graphics, photos, drawings, videos, music, sounds, and other content (including “Submissions” as defined in the next section) (collectively the “Content”) on our website are owned and copyrighted by Us or Our licensors or licensees. As such, the Content is protected by copyright, trademark, and other intellectual property laws.
  6. You may download the Content to a single computer and print any number of paper copies for your personal non-commercial home use, provided you do not alter the Content in any way.
  7. You may not modify, publish, transmit, reproduce, distribute, sell, create derivative works from, display, incorporate into another web site, or in any other way exploit Our Content, in whole or in part, without the express written permission of BoardGaming.com.
  8. You may not remove or alter any logo, trademark, hyperlink, URL, disclaimer, copyright, or other proprietary notice contained in or on the Content.
  9. You may not use our Content in any manner that suggests an association with any of our products, services, or brands.
  10. You may not use our copyrights, logos, or trademarks, or any confusingly similar marks, without our written consent.

AMENDMENTS

We may make changes to these terms for legal, administrative, or other reasons without providing you notice. When we make changes to these terms, we will change the date at the top of this page. After we develop a system for giving notifications of changes to the Terms of Use, we may change this amendment policy.

TERMINATION

We may at our sole discretion, suspend or terminate your account and your ability to use this site or portion of the site if you fail to comply with these terms of use, infringe copyright, submit inappropriate materials or spam, or for any other reason. You may terminate this agreement by destroying all materials that you have obtained from this site along with any documentation and copies of the materials. You may delete your account by contacting us using the email you used to register for your account. By providing materials on our site, We do not guarantee that they will always be available.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE MATERIALS IN THIS SITE (EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR ANY MISTAKES AND NEGLIGENCE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ORGANIZATION, BUSINESS, OR PERSON USING THIS SITE AND THE CONTENT ON THIS SITE BEARS ALL RISKS AND RESPONSIBILITY FOR THE QUALITY AND PERFORMANCE OF THIS SOFTWARE.

Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages, so the above limitation may not apply to you, which would mean that you might have the right to recover these types of damages. However, in no event shall Our total liability to you for all losses, damages, injuries, or causes of action (whether in contract, tort including, but not limited to, negligence and otherwise) exceed the amount you paid if anything to access our site.

DISPUTES

  1. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of Utah. To the extent you have in any manner violated or threatened to violate BoardGaming.com and/or its affiliates’ intellectual property rights, BoardGaming.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to exclusive jurisdiction and venue in such courts. In any action to enforce any right or remedy under this agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and other expenses.
  2. If anyone brings a claim against us related to your actions, content you’ve submitted, or information on BoardGaming.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to the claim.
  3. WE TRY TO KEEP BOARDGAMING.COM AVAILABLE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. The Content on this site is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent of the law, BoardGaming.com makes no warranties, expressed or implied, and expressly disclaims all representations, oral or written, terms, conditions, and warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. BoardGaming.com does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server on which it runs are free of viruses or other harmful components. BoardGaming.com does not warrant or make any representation regarding the use or the results of the use of the Content on this site in terms of its correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

OTHER

  1. If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
  2. If we fail to enforce any of the rules in this Agreement, it does not constitute a waiver
  3. This is the entire agreement between the parties relating to the subject matter herein.
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