Terms and Conditions of Use
Last Modified: April 23, 2016
Welcome to the UnboxBoardom website, www.unboxboardom.com (which we refer to as the “site,” which term also refers to any content, functionality and services offered on or through the site).
These Terms and Conditions of Use (these “terms”) are in place to govern your use of, and access to, the site. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site. “We,” “us,” “our” and “UnboxBoardom” refer to UnboxBoardom LLC.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, using, or creating an account on the site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by these terms.
2. CREATING AN ACCOUNT
In order to access and use certain features of the site, and in order to become an UnboxBoardom subscriber, you will need to register for an UnboxBoardom account. This will require you to create a unique user identifier, such as an email address (your “User ID”), and a password.
When you create an UnboxBoardom account, and each time you log in to the account tied to your User ID, you represent, warrant and agree that: (a) you are at least 18 years old, (b) you are using your actual identity, (c) you have provided only true, accurate, current and complete information during the account creation and and login process, and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
Your User ID and password are unique to you, and you agree not to disclose or share your User ID or password to or with any third party. You further agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through the site, including any orders placed, in connection with your User ID and password regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer.
If you become aware of any loss, theft or unauthorized use of your User ID or password, please notify us immediately by contacting us at [email protected].
3. TERMS OF SALE
A. Subscriptions and Cancellation Policy
We offer different subscription plans. For more information about our subscription options, please visit the “How It Works” page on our website and our FAQs. We may not be able to deliver to every location, so please check with us to see if we deliver to your area before signing up.
WHEN YOU REGISTER FOR A SUBSCRIPTION PACKAGE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU FOR YOUR SUBSCRIPTION. DEPENDING ON THE TYPE OF SUBSCRIPTION, YOU MAY BE CHARGED ON A MONTHLY OR ANNUAL BASIS FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES. YOUR SUBSCRIPTION WILL BE CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
IN ORDER TO CANCEL A SUBSCRIPTION, YOU MUST EMAIL US AT [email protected]. ANY GAME SHIPMENT THAT HAS BEEN PROCESSED PRIOR TO YOUR CANCELLATION CANNOT BE CANCELLED, AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
We may offer you the ability to purchase subscriptions for other people through the site as gifts. The specific gift offers may change from time to time, so you should check the site for the latest information.
If you purchase a gift, we will send an email to the gift recipient that can be used to redeem the gift. The recipient will be required to create an account in order to access the site and redeem the gift. Gifts are not refundable or redeemable for cash (unless required by law).
C. Free Trials
From time to time, if we are legally permitted to do so, we may offer free trials of certain subscriptions and/or specified products. If we offer you a free trial, the specific terms of your free trial will be provided in the materials describing the trial, or at registration.
ONCE A FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELLING YOUR SUBSCRIPTION ARE PROVIDED IN OUR CANCELLATION POLICY, DESCRIBED IN PARAGRAPH 3.A ABOVE. YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL IS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN.
D. Pricing, Taxes, Shipping and Handling Costs
All prices on the site are shown in US dollars. Our prices include all taxes and shipping and handling charges.
We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. However, if we change the amounts associated with your subscription, we will provide you with advance notice of the changes, and the changes will not apply until your next periodic payment is due. For example, if you have purchased a Quarterly Subscription for which you were billed in full for the year at the beginning of the subscription, the pricing change will not apply to you until your subscription is renewed for the following year, regardless of the timing of our price increase. The shipment of any products to you after the effective date of any price change will confirm your acceptance of those changes, unless you cancel your subscription in accordance with our cancellation procedures (which are described in paragraph 3.A above).
E. Payment and Billing Information
By providing a credit card or other acceptable payment method, you represent and warrant to us that you are authorized to use that payment method, and that you authorize us (or our third party payment processor) to charge that payment method for the total amount of your subscription.
If at any time your payment method cannot be verified, is invalid, or otherwise is not accepted, your subscription may be suspended or cancelled until you are able to resolve the problem to our satisfaction.
If you ever want to change or update your payment information, you can do so by logging into your account and making the applicable edits.
F. Product Availability
Specific products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products, and to substitute products without prior notice. If you are not satisfied with any substitution, please contact us at [email protected].
When games are delivered to you, you are responsible for inspecting your shipment for damage or other issues.
Shipment dates provided to you at the time orders are placed are approximate, and may depend on weather or other events beyond our control. We attempt to provide tracking information with your shipment notifications(s), but we are not responsible for the accuracy of that tracking information.
If you are not at home when your game delivery arrives, depending on any preferences or instructions you may have established with the carrier, the carrier will generally leave the package for you at your door. Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery. If you encounter any problems with a delivery, please contact us at [email protected].
H. No Resale
Our games are provided for your personal entertainment use only. Therefore, you may not resell or otherwise use the games for commercial use.
I. Returns and Refunds
Our goal is for you to be fully satisfied with your UnboxBoardom experience. If you are dissatisfied with one of our games for any reason, please contact us at [email protected] within 7 days of the day you received the game, and provided that you ship back the game to us in unused condition, in its original packaging, we will either replace the game at our expense or, depending on the circumstances, provide you a full refund for that game.
4. YOUR RESPONSIBILITIES WHEN USING THE SITE
You agree to use the site only for its intended purpose as described on the site and in these terms. Without limiting that general requirement, you agree that you will not: (a) use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the site or collect any content, (b) engage in any “screen scraping,” “database scraping” or similar activities to obtain any content, (c) accumulate or index, directly or indirectly, any content or portion of the site for any commercial purpose whatsoever, or otherwise (d) use the site to engage in any illegal activity, or to engage in conduct that is defamatory, libelous, threatening, or harassing, or that infringes on a third party’s proprietary rights.
Further, you understand that the site strives to protect its security and integrity and those of its users. You therefore agree that you will not:
We reserve all rights to monitor the site for any reason, including to evaluate whether any use of the site is, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from the use of the site by our users. We are under no obligation to enforce these terms on your behalf against another user.
We may suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when you are invited to log into the site, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
6. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
7. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent.
“UNBOXBOARDOM,” “IT’S TIME TO UNPLUG AND PLAY,” and all related names, logos, products and service names, designs and slogans are trademarks of UnboxBoardom LLC. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using the names "UnboxBoardom", “UnboxBoardom LLC”, “www.unboxboardom.com” or any other colorable equivalent without our prior written authorization.
References to any third-party products or services by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by or thereof, or any affiliation therewith, by us.
8. COPYRIGHT COMPLAINTS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that site content infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
We suggest that you consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these terms or your violation of any rights of any third party.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY THE GAMES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
IN THE EVENT OF AN ERROR ON THE SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERYING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THE ERROR AND REVISE YOUR ORDER ACCORDINGLY, OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, SUCH AS SYSTEM CAPABILITIES, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT FOR ANY MANUFACTURER’S WARRANTY INCLUDED WITH PRODUCTS, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATIONS ON LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY OUR AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION RELATED TO YOUR USE OF THE SITE AND/OR ANY ORDER PLACED THROUGH THE SITE WILL NOT EXCEED THE GREATER OF (A) $100.00, OR (B) THE AMOUNT YOU PAID TO US IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
12. PRIVACY NOTICE
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Notice, for more information on the collection and use of information on the site.
13. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these terms shall be brought solely in Chicago, Illinois. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
14. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.