Before we start--
Terms of Service
Table of Contents
1. Your Acceptance
A. You must be legally able to accept the Terms of Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 16, as the Geek Websites are not intended for children under 16. If you are under 16 years of age then you are not permitted to have an account on the Geek Websites.
B. You must accept these terms to use the Geek Websites.
C. By using the Geek Websites, you indicate to us that you agree to the Terms of Service. We will change these Terms of Service occasionally, so make sure you stay up to date.
These Terms of Service apply to all users of the Geek Websites. BoardGameGeek reserves the right to amend these Terms of Service at any time. BoardGameGeek will post a notification of any such modifications in the Official Terms of Service Modification Thread, available at http://www.boardgamegeek.com/thread/509198 (the "Official Modification Thread"). It is your responsibility to either periodically review these Terms of Service for any such modifications or to subscribe to the Official Modification Thread in order to be notified of modifications. Each modification to these Terms of Service shall become effective ten days after a notification of the modification is posted in the Official Modification Thread. Your continued use of the Geek Websites after the modification of these Terms of Service becomes effective following this ten day period signifies your assent to and acceptance of the amended terms and provisions. If you do not agree to an announced changes, you have the option of deleting your account before the end of the 10 day period.
2. We are not responsible for issues you have with third party websites and apps that we may link to. We are responsible for the Geek Websites.
3. You are responsible for what happens through your account and we may hold you liable for losses resulting from improper use.
In order to access some features of the Geek Websites, you will have to create a BoardGameGeek account. You may never use another individual's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BoardGameGeek immediately of any breach of security or unauthorized use of your account. Although BoardGameGeek is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BoardGameGeek or others due to such unauthorized use.
5. BoardGameGeek User Submissions
A. Your submissions.
You may upload and/or may have uploaded forum threads, forum replies, reviews, session reports, GeekLists, photographs, files, hyperlinks, ratings, tags, comments, blog posts, and other visual or textual content to BoardGameGeek (the "User Submissions"). You represent and warrant that none of your User Submissions are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any intellectual property rights, injurious to third parties, or otherwise objectionable to BoardGameGeek in its sole discretion, including but not limited to commercial solicitation, mass mailings, political campaigning, chain letters, or any form of "spam" (as determined by BoardGameGeek in its sole discretion). BoardGameGeek does not provide for any confidentiality with respect to any User Submissions. BoardGameGeek reserves the right to remove or delete User Submissions without prior notice.
B. Don't upload anything that isn't yours without permission, especially personal information.
You shall not upload User Submissions containing material that is copyrighted, protected by trademark or trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, including privacy and publicity rights, unless you are the owner of such rights or have permissions from their rightful owner to post the material and to grant BoardGameGeek all of the licenses granted herein. Do not upload or post any personal information of another person without the express permission of the person it pertains to.
You shall be solely responsible for all of your User Submissions and the consequences of uploading them.
C. You own the rights to your User Submissions and give us the right to use them for their purposes in the Geek Websites.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize BoardGameGeek to use all patent, trademark, trade secret, copyright, and all other intellectual property rights or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submissions in the manner contemplated by the Geek Websites and these Terms of Service, such as displaying the User Submission in discussion forums. You grant BoardGameGeek the right to use your name and account username in connection with your User Submissions.
D. You still own your User Submissions, but you grant us a license to it.
You retain all of your ownership rights in your User Submissions. By uploading User Submissions to BoardGameGeek, you hereby grant BoardGameGeek a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, adapt, modify, prepare derivative works of, display, and perform the User Submissions in connection with the Geek Websites, website extensions, and the business of BoardGameGeek and its successors and affiliates, including without limitation for promoting the Geek Websites in any media formats and through any media channels.
E. You also grant other users a license to your User Submissions.
By uploading User Submissions to BoardGameGeek, you hereby grant each user of the Geek Websites a non-exclusive license to access your User Submissions through the Geek Websites, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Geek Websites and under these Terms of Service.
F. We may keep deleted User Submissions.
You understand and agree that BoardGameGeek may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
G. Don't upload anything illegal or against our rules.
You agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations, or that is contrary to the BoardGameGeek Community Rules, which may be updated from time to time.
H. We don't endorse or control what users submit.
BoardGameGeek does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and BoardGameGeek expressly disclaims any and all liability in connection with User Submissions. User Submissions are made available "AS IS." You understand and agree that when using the Geek Websites you will be exposed to User Submissions from a variety of sources and that BoardGameGeek is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BoardGameGeek with respect to User Submissions.
6. You must follow our rules when using the Geek Websites, or we can prevent you from further use. See below for some specific rules for our users.
BoardGameGeek hereby grants you permission to access and make personal use of the Geek Websites as set forth in these Terms of Service, but not to download or modify the Geek Websites or any portion of the Geek Websites except with express written consent, provided that:
A. Follow our rules and don't break the law.
B. How not to use the Geek Websites:
i. Don't slam our servers with "robots" or "spiders".
ii. Don't systematically collect user data
iii. Don't use our sites for commercial purposes
C. Don't make unauthorized changes to the Geek Websites
You shall not alter or modify any parts of the Geek Websites, including but not limited to BoardGameGeek's website extensions or any of its related technologies, except as expressly permitted by BoardGameGeek.
D. Really, don't use the sites for unauthorized commercial purposes:
You shall not use the Geek Websites for any commercial purposes without the prior written authorization of BoardGameGeek. Prohibited commercial uses include without limitation any of the following actions taken without BoardGameGeek's express written approval: (i) sale of access to the Website or their related services, such as any website extensions; (ii) use of the Geek Websites or their related services, such as any website extensions or APIs, for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising, on the Geek Websites or any third-party website, targeted to the content of specific User Submissions or BoardGameGeek content; and (iv) any use of the Geek Websites or APIs that BoardGameGeek finds, in its sole discretion, to use BoardGameGeek's resources or User Submissions with the effect of competing with or displacing the market for BoardGameGeek, BoardGameGeek content, or its User Submissions. Prohibited commercial uses do not include the sale of products such as board games, role-playing games, and video games, through the Marketplace or GeekList functionality, so long as you pay the required commission to BoardGameGeek on the gross amount of each such sale generated via the Geek Websites. BoardGameGeek reserves the right to terminate any such sales if they are deemed to be "spam" or fraudulent in BoardGameGeek's sole discretion.
E. Don't make unauthorized copies of anything on the site
You shall not engage in the use, copying, or distribution of any of the User Submissions other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Geek Websites for any commercial purposes. You shall not circumvent, disable, or otherwise interfere with security-related features of BoardGameGeek or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of BoardGameGeek or the User Submissions therein.
F. Don't do anything else shady with or on our sites:
You shall not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or forms) of BoardGameGeek without express written consent. You shall not use meta tags or any other hidden text utilizing BoardGameGeek's name or trademarks without express written consent. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Submissions.
G. You must abide by proper privacy practices.
You must establish and agree to maintain and adhere to privacy practices for your store(s) that comply with applicable state, federal, and international laws and regulations.
H. You must abide by laws that control what sales can take place with persons outside of the U.S.
United States export control laws govern your use of our services. These laws apply to you and your use of our services regardless of whether you actually reside in the U.S.
You may not use our services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the U.S., but illegal to export. You may not use our services to offer or provide services to end customers with whom U.S. citizens may not do business.
Additional information about U.S. export laws may be obtained from the United States government’s portal to exporting and trade services at the following website: http://www.export.gov/exportcontrols.html.
7. Prohibition Against Rogue Programming
You shall not upload, post, transmit, or otherwise make available in any way through the Geek Websites any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming ("Rogue Programming"). BoardGameGeek has no obligation to detect the presence of any Rogue Programming. Any download of software, files, or other materials or any other use of the content on BoardGameGeek is at your risk. You are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
8. You and BoardGameGeek are independent contractors. BoardGameGeek is not responsible for any issues you may have with merchants, traders, or any other users.
You and BoardGameGeek are independent contractors, and the Terms of Service are not intended to create, and do not create, any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and BoardGameGeek.
BoardGameGeek has developed a web interface that enables game enthusiasts to buy, sell, and trade games, learn, and interact with other game enthusiasts. Except for sales made through the Geek Store, sales and trades are between the merchant and the customer and not between BoardGameGeek and the customer. If you experience any issues or problems with an order you place through a store or any product you receive, you should address them with the merchant. BoardGameGeek is not responsible for any issues or problems you may have with the stuff you order from a third party or another user.
BoardGameGeek is not responsible if disputes arise between merchants, traders, or any other users. When you use our services, you release BoardGameGeek from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — related to disputes among merchants, traders, or any other users.
9. Account Termination Policy
10. BoardGameGeek is based in the USA and may not be usable in your country
The Geek Websites are controlled and offered by BoardGameGeek from its facilities in the United States of America. BoardGameGeek makes no representations that the Geek Websites is appropriate or available for use in other locations. Those who access or use the Geek Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Digital Millennium Copyright Act
A. Think there is infringing content on BoardGameGeek?
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
The designated Copyright Agent of BoardGameGeek, LLC for receipt of notifications of claimed infringement is: Scott Alden; e-mail: email@example.com (subject line: "DMCA Takedown Request"); 7930 Xavier Court, Dallas, TX 75218-4512. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, questions, or other communications may not be answered. You acknowledge that if you fail to comply with all of the above requirements, your DMCA Takedown Request may not be valid.
B.Was your content improperly removed because of a DMCA report?
If you believe that your user submission or other content, which was removed (or to which access was disabled) pursuant to the above provision, is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, then you may send a counter notification to the Copyright Agent at firstname.lastname@example.org (subject line: "DMCA Counter Notification"), containing the following information:
(i) Your physical or electronic signature;
If a counter notification is received by the Copyright Agent, then BoardGameGeek, LLC may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the user who submitted the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days following receipt of the counter notification, at the sole discretion of BoardGameGeek, LLC.
A. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless BoardGameGeek, BoardGameGeek, LLC, and its owners, operators, officers, directors, employees, affiliates, assigns, and agents, from and against any and all actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from or in connection with: (i) your use of and access to the Geek Websites; (ii) your violation of any term or provision of these Terms of Service; (iii) your failure to abide by applicable local, state, federal, and international law; (iv) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (v) any claim that one of your User Submissions caused damage to a third party; (vi) any breach of any representation, warranty, or agreement made by you in these Terms of Service; or (vii) your disclosure, use, storage, or processing of personal information in violation of any applicable state, federal, or international privacy laws. BoardGameGeek reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BoardGameGeek’s defense of such claim. In any case, you may not settle any third-party claim against us unless we consent to such settlement.
This defense and indemnification obligation survives these Terms of Service and your use of the Geek Websites.
15. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND BOARDGAMEGEEK WILL BE RESOLVED THROUGH MANDATORY ARBITRATION IN DALLAS, TEXAS, AND NOT BY A COURT OR BY A JURY.
A. You will resolve claims with an arbitrator
Any dispute or claim relating in any way to the Terms of Service, your or your authorized user’s relationship with BoardGameGeek, or your or your authorized user’s use of our services (collectively referred to as a “claim”) will be resolved exclusively by final and binding arbitration, rather than by a court or a jury. The only exception to such mandatory arbitration is that you are NOT prohibited from resolving any such dispute or claim as an individual claim in a small claims court. The exclusive venue for the arbitration shall be Dallas County, Texas.
B. You are waiving your right to a jury trial.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You acknowledge that you make this jury waiver knowingly, voluntarily, and willingly.
C. You will arbitrate under certain laws and rules.
This arbitration provision is entered pursuant to the Federal Arbitration Act. The arbitration, and any appeal, shall be governed by the substantive law of the State of Texas and the applicable rules of the American Arbitration Association (“AAA”).
D. The fees and costs can be split in different ways.
Each party shall pay an equal share of the arbitrator(s)’ fees and costs relating to the arbitration, subject to the arbitrator(s)’ authority to reallocate such fees and costs in his or her discretion. In any event, each party shall be responsible for payment of their own attorney’s fees and legal costs.
E. Either of us can try to bring a temporary injunction against the other.
Either party may seek temporary injunctive relief in federal or state court in Dallas County, Texas, exclusively, at any time until the selection of the arbitrator(s) is completed. Once the selection of the arbitrator(s) is completed, the arbitrator(s) shall assume responsibility for any further action or rulings with respect to any such temporary injunction action. The parties consent to personal jurisdiction and venue in the federal and state courts of Dallas County, Texas, solely for the purpose of any such temporary injunction action.
F. You are waiving your right to bring a claim against us as part of a class-action lawsuit.
We each agree that any dispute, whether arbitrated or brought in small claims court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Without limiting the generality of the preceding sentence, each party agrees to pursue its claims on an individual basis and not to (1) join its claims with any other person or entity’s claims, (2) pursue any claim as a representative of a class, as a private attorney general or in any representative capacity, or (3) participate in a class or collective action or mass action with respect to any claim. It is the express intent of the parties that the arbitrator, or, as applicable, small claims court, shall not have the power to award class or collective relief or to determine or order that the dispute should proceed as a class or collective action, whether in arbitration or in any other forum or venue. The parties understand and acknowledge that by entering into this provision, we each are waiving our respective rights to have a court or jury adjudicate our claims.
G. You elect to use certain appellate rules.
The parties adopt and agree to implement the AAA Optional Appellate Arbitration Rules with respect to any award subject to this arbitration provision. Written notice of appeal shall be provided to the opposing party and the arbitration service and shall comply with the requirements of the AAA Optional Appellate Arbitration Rules or such other arbitration appellate rules to which the parties may agree or which a court may designate pursuant to the process described earlier in this Section.
16. You can’t assign your rights under these Terms of Service, but we can.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BoardGameGeek without restriction.
17. These Terms of Service are governed by Texas law and any claims will be dealt with in Texas.
A. The laws of the State of Texas govern all matters arising out of or relating to these Terms of Service, without giving effect to conflicts of law principles thereof.
B. In the instance that our agreement with you to use arbitration as set forth in Section 15 is not enforced, you submit to the exclusive jurisdiction of the state and federal courts of the State of Texas for resolving any claim or dispute arising out of or relating to these Terms of Service.
No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and BoardGameGeek's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
20. If a court finds part of the Terms of Service invalid, it won’t invalidate the whole of the Terms of Service.
If any term or provision of these Terms of Service is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.
A. This caption, and all others, are not part of the Terms of Service
The captions contained herein are for reference purposes only and are not part of this agreement.
B. We don't have to keep the site up
BoardGameGeek reserves the right to discontinue any aspect of the Geek Websites at any time.
C. Respect our Trademarks
BoardGameGeek, BoardGameGeek, and the BoardGameGeek and BoardGameGeek graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of BoardGameGeek, LLC or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written approval of BoardGameGeek, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits BoardGameGeek. All other trademarks not owned by BoardGameGeek that appear on the Geek Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BoardGameGeek. Unless otherwise specified, all software used on this site is the property of BoardGameGeek, LLC or its affiliates and is protected by United States and international copyright laws.
D. All other rights reserved
BoardGameGeek reserves all rights not expressly granted herein.
E. Except for certain persons, nothing here applies to third parties
Other than BoardGameGeek’s owners, operators, officers, directors, employees, affiliates, assigns, and agents as to Section 14 (Indemnification), nothing in the Terms of Service shall be deemed to confer any third party rights or benefits.
F. Certain parts of the Terms of Service will apply after termination.
Those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect even if you stop using our services or if you terminate your account. For example, we will still have rights under these Terms of Service to any User Submissions. Also, everything that you have represented to us in the Terms of Service will survive indefinitely.