TERMS OF SERVICE
1. Your Acceptance
B. Geekdo reserves the right to amend these Terms of Service at any time. Geekdo 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 Website 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.
2. Geekdo Website
3. Geekdo Account
In order to access some features of the Website, you will have to create a Geekdo 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 Geekdo immediately of any breach of security or unauthorized use of your account. Although Geekdo is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Geekdo or others due to such unauthorized use.
4. Geekdo User Submissions
A. You may upload and/or may have uploaded forum threads, forum replies, reviews, session reports, GeekLists, photographs, files, hyperlinks, ratings, tags, comments, and other visual or textual content to Geekdo (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 Geekdo 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 Geekdo in its sole discretion). Geekdo does not provide for any confidentiality with respect to any User Submissions. Geekdo reserves the right to remove or delete User Submissions without prior notice.
B. 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, unless you are the owner of such rights or have permissions from their rightful owner to post the material and to grant Geekdo all of the licenses granted herein.
C. You shall be solely responsible for all of your User Submissions and the consequences of uploading them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Geekdo 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 Website and these Terms of Service. You grant Geekdo the right to use your name and account username in connection your User Submissions.
D. You retain all of your ownership rights in your User Submissions. By uploading User Submissions to Geekdo, you hereby grant Geekdo 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 Website, website extensions, and the business of Geekdo and its successors and affiliates, including without limitation for promoting the Website in any media formats and through any media channels.
E. By uploading User Submissions to Geekdo, you hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
F. You understand and agree that Geekdo may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
G. 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 Geekdo Community Rules, which may be updated from time to time.
H. Geekdo does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Geekdo 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 Website you will be exposed to User Submissions from a variety of sources and that Geekdo 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 Geekdo with respect thereto.
5. Geekdo Use: Permissions and Restrictions
Geekdo hereby grants you permission to access and make personal use of the Website as set forth in these Terms of Service, but not to download or modify the Website or any portion of the Website except with express written consent, provided that:
B. You shall not use or launch any automated system, including without limitation "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Geekdo servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, except as expressly permitted by Geekdo. You agree not to collect or harvest any personally identifiable information, including but not limited to account names, from the Website. You agree not to use the communication systems provided by the Website for any commercial solicitation purposes.
C. You shall not alter or modify any part of the Website, including but not limited to Geekdo's website extensions or any of its related technologies, except as expressly permitted by Geekdo.
D. You shall not use the Website for any commercial purposes without the prior written authorization of Geekdo. Prohibited commercial uses include without limitation any of the following actions taken without Geekdo's express written approval: (i) sale of access to the Website or its related services, such as any website extensions; (ii) use of the Website or its related services, such as any website extensions, for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising, on the Geekdo website or any third-party website, targeted to the content of specific User Submissions or Geekdo content; and (iv) any use of the Website that Geekdo finds, in its sole discretion, to use Geekdo's resources or User Submissions with the effect of competing with or displacing the market for Geekdo, Geekdo 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 a three percent commission to Geekdo on the gross amount of each such sale generated via the Website. Geekdo reserves the right to terminate any such sales if they are deemed to be "spam" or fraudulent in Geekdo's sole discretion.
E. 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 Website for any commercial purposes. You shall not circumvent, disable, or otherwise interfere with security-related features of Geekdo or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of Geekdo or the User Submissions therein.
F. 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 Geekdo without express written consent. You shall not use meta tags or any other hidden text utilizing Geekdo'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.
6. Account Termination Policy
Geekdo may terminate a user's access to the Website if the user is determined, in Geekdo's sole discretion, to have infringed these Terms of Service or the Geekdo Community Rules. Geekdo reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Service for violations such as, but not limited to, pornographic, obscene, or defamatory material. Geekdo may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Digital Millennium Copyright Act
A. 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;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are 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: firstname.lastname@example.org (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. 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 email@example.com (subject line: "DMCA Counter Notification"), containing the following information:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
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.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. GEEKDO IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GEEKDO, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GEEKDO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. GEEKDO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GEEKDO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GEEKDO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
A. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GEEKDO, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) USE OR INABILITY TO USE GEEKDO, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON GEEKDO, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE; (2) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO INFORMATION AVAILABLE ON GEEKDO, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GEEKDO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GEEKDO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
B. The Website is controlled and offered by Geekdo from its facilities in the United States of America. Geekdo makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
B. You hereby release and waive any and all claims, liability, and causes of action against Geekdo arising from or in connection with your use of the Website.
A. You agree to defend, indemnify, and hold harmless Geekdo, 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 Website; (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; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms of Service. This defense and indemnification obligation survives these Terms of Service and your use of the Website.
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 13, as the Website is not intended for children under 13. If you are under 13 years of age then you are not permitted to use the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Geekdo without restriction.
13. Governing Law and Venue
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. 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.
C. You agree that: (i) the Website shall be deemed solely based in the State of Texas; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Geekdo, either specific or general, in jurisdictions other than Texas.
14. Entire Agreement
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 Geekdo's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
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.
17. Prohibition Against Rogue Programming
You shall not upload, post, transmit, or otherwise make available in any way through the Website any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming ("Rogue Programming"). Geekdo 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 Geekdo 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.
A. The captions contained herein are for reference purposes only and are not part of this agreement.
B. Geekdo reserves the right to discontinue any aspect of the Website at any time.
C. Geekdo, BoardGameGeek, and the Geekdo 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 Geekdo, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Geekdo. All other trademarks not owned by Geekdo that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Geekdo. 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. Geekdo reserves all rights not expressly granted herein.
E. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
F. Nothing in the Terms of Service shall be deemed to confer any third party rights or benefits.