Background

These Terms and Conditions, together with all other documents referred to herein, set out the terms of use under which you may use this website, boardgamebucket.com (“Our Site”, “Board Game Bucket”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

Board Game Bucket is owned and operated by Board Game Bucket Ltd, a limited company registered in England under company number 11430692, whose registered address 71-75 Shelton Street, London, UK, WC2H 9JQ.

Access

Access to Board Game Bucket is free of charge. The site is provided ‘as is’ and on an ‘as available’ basis. We have the right to choose to alter, suspend or discontinue this site or any part of it at any time without notice. We will not be liable to you in any way if Board Game Bucket is unavailable at any time.

Accounts

Our site may be used by all users, although certain parts of our site can only be accessed with an account. Registering brings many benefits such as liking products or saving account information.

To create an account, you must be over 18 or have consent and supervision of a parent or guardian if you are under the age of 18.

You must provide accurate and complete information when creating your account, and it is your responsibility to keep it up to date.

Use a strong password, with a mix of upper- and lower-case letters, numbers and symbols. It is your responsibility to keep your password safe.

You must not use anyone else’s account without express permission. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.

If you wish to suspend or delete your Account, you may do so at any time by contacting us at [email protected]. If your account is deleted, We will remove your information from Our systems. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

Any outstanding sums due and payable to Board Game Bucket will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

Links to Board Game Bucket

You may link to Board Game Bucket if you do so fairly and legally.

You must not link to Board Game Bucket if you intend to damage our reputation or take unfair advantage of it.

You must not link to Board Game Bucket if the primary purpose of the linking site contains material that is pornographic, obscene, offensive, hateful, incites violence or illegal activity, discriminatory, deceptive, embarrassing or inconvenient to another person, misleading, implies any form of affiliation to Us where none exists, infringes or assists in the infringement of any intellectual property right of any party, or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

Do not suggest any form of association, endorsement or approval on our part where none exists.

Do not use any logos or trademarks displayed on Our Site without Our express written permission.

Do not frame or embed Our Site without express written permission. Contact us at [email protected] for further information.

Links to Other Sites and Advertising

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or those in control of them.

We may include adverts on our site. However, these are will only be relevant adverts. Again, we neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or those in control of them.

You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

Intellectual Property Rights

You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User. You must credit the owner of such content.

Users must, at all times, respect the intellectual property rights of Other Users on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

User Content

By submitting product information as a Seller on our site, you give us global, non-exclusive, royalty-free rights to use, copy, modify and reproduce content.

We can modify, copy or delete user content without giving a reason.

Do not submit user content that you do not have the copyright or permission to do so. You are responsible for the content that you submit. We will not be liable for any infringements, mistakes or damages as a result of the content submitted to Board Game Bucket.

Board Game Bucket does not endorse any content submitted by users to our site. You access Our Site at your own risk.

If another party contacts Us accusing you of infringing their intellectual property rights:

• We will contact you to inform you of the complaint;
• We may remove the User Content that is the subject of the complaint;
• if you have questions regarding the complaint or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes;
• you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.

Listings

We accept board games, card games and trading cards. We love to see new games and welcome you to submit your product. We do a review for quality and content to see if it is appropriate for Our Marketplace.

No drinking games, sexually explicit material, swearing or games which promote discrimination, hate or violence. Do not sell illegal items or those against our appropriate use policy.

We reserve the right to remove or modify any listing without reason.

We are happy to see other board game related products. We will contact you regarding your submission.

We reserve the right to remove users, user content, products, accounts or issue warnings or take appropriate action without giving a reason.

We reserve the right to change our fees at any time. We will notify if there are changes, and we will not charge excessive fees.

Payments

We use Third-Party Payment Service Providers. If We receive notice from the Third-Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site. The Third-Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

All payments are processed using the Payment Provider.

Listings will automatically be downgraded if the lister has not paid their pro plan subscription.

Any other fees, such as advertisements will be paid through our system.

Disclaimers

Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.

We will make reasonable efforts to ensure Our Site is compatible with devices and secure.

We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

Our Liability

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including User Content) included on Our Site.

If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law.

Malware and Security

We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same.

You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of this agreement, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Acceptable Usage Policy

You may only use Our Site in a manner that is lawful and that complies with the provisions of this clause. Specifically:

• you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
• you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
• you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
• you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

When using Our Site, you must not communicate or otherwise do anything that:

• is sexually explicit/pornographic;
• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person or group.
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of these terms;
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this clause or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:

• removing your User Content from Our Site;
• issuing you with a written warning;
• legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
• further legal action against you as appropriate;
• disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
• any other actions which We deem reasonably necessary, appropriate, and lawful.
• We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

If we are sued as a result of your use or misuse of Our Site, you agree to defend and indemnify us, including reasonable expenses.

Privacy, Data Protection and Cookies

Use of Our Site is also governed by our Privacy Policy.

Important Notes about these Terms and Conditions

We may alter these Terms and Conditions at any time. We will email registered users regarding this. Any such changes will become binding and will prevail over previous versions.

We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers.  The remainder of these Terms for Buyers shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

Law and Jurisdiction

These terms and conditions and the relationship between you and Board Game Bucket shall be governed by and construed in accordance with the Law of England and Wales and Board Game Bucket and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Contact

If you would like to contact us regarding our Terms and Conditions, please emails us at [email protected].

Last updated: 03/06/2020