Terms of Use

Welcome to www.getjester.com (the “Site”), a website operated by Jester, Inc. (“Jester”, “we”, “us”, or “our”). Jester offers a monthly board gaming service that gives you access to board games and accessories (“Products”) from the best up-and-coming designers and publisher and a number of related services (collectively, the “Services”). The way we do this, though, will have you checking your mailbox as you await your next “Box”.

 

Here’s how it works: you provide your Profile. We then select a number of products for you and ship it to you. You won’t know what’s in the box until you open – and that’s part of the excitement. Read on for more details.

The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us, and govern your use of the Site, the Services and any Orders (defined below) that you place.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, ORDERING A BOX, PURCHASING PRODUCTS, OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY BOXES.

We may change, add, or delete portions of these Terms of Use at any time on a going-forward basis at our sole discretion. It is your responsibility to check these Terms of Use for changes prior to use of the Site or Services, and in any event, your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email or other means.

TYPES OF USERS. You may simply browse the Site as a “Visitor” or you may create an account (“Account”) and register with us to become a “Customer”. You must be a Customer to order Boxes.

ACCOUNTS. To become a Customer, you must provide your email address and select a password (“Account Information”), which you may not transfer to or share with any third parties. We will also ask you for additional information about what you do and don’t like so that we can establish your profile (“Profile”). Please keep your Account Information confidential. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all activities (including Orders -- as defined below) that occur under or in connection with your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all action we deem necessary to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Customer. If we later discover or suspect that a person under 18 years old has requested a Box (defined below), we reserve the right to take steps to cancel that request.

Boxes and Returns
BOXES. From time to time, we will send you an email offering you a Box. When you choose to receive a Box, we will send you some Products chosen by Jester. You will be able to open and play them on in your own home and see what you like. You can decide to keep all, some or none of the Products in your Box, and we will bill you for the ones you keep as described in Section 4 below.

SCHEDULING. If you are a Customer, you may schedule a Box through the Site. You may also request that we send you a Box automatically each month, without waiting for you to schedule it. If you order any Box, whether manually or automatically (in either case, an “Order”), you hereby authorize us to charge you for such Box in accordance with these Terms of Use. You may change the scheduled date for your Box at any time before it has been shipped or cancel the automated monthly option at any time, however you are responsible for any Fee (as explained in Section 4) for previously shipped Boxes and for any unreturned (in accordance with our policies) Products that are in the process of being shipped or have been shipped to you. These Terms of Use will govern any Box. We may restrict the delivery of orders to certain geographic locations (e.g., shipments only within the United States).

RETURNS. If you want to return any of the Products in your Box, simply place them in the return package we provide and mail them back to us at no cost to you. Any returned products must be postmarked no later than the seven (7) days after you receive the package (the “Return Date”). We will assume that you have chosen to keep any Products in the Box that you do not postmark back to us one week following the Return Date, and we will charge your Account for those Products anytime after that day. Any exceptions permitting a return postmarked longer than one week after the Return Date must be requested in a timely manner and may be granted at the sole discretion of Jester. Products must be returned in the original condition and without any missing pieces.

Legal Details. OUR SCHEDULING OF A BOX IS AN OFFER TO PURCHASE THE PRODUCT(S) IN THE BOX, WHICH YOU MAY RETRACT BY RETURNING THE PRODUCTS YOU DON’T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A BOX BY PROCESSING YOUR PAYMENT OF THE FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE BOX. For any reason, we may decline to accept your request for a Box. If we decline to accept your request for a Box, we will attempt to notify you at the email address you provided. All Products shall be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Product(s) to a common carrier.

 

FEE AND PAYMENT. When we ship you a Box, we will charge you a non-refundable “Fee” in the amount set forth on the Site. The Fee will be charged at the time we ship your Box. However, if you choose to keep Products from your Box, the Fee will be credited towards the purchase price of any Products you choose to keep from your Box. To pay for an Order, you will need to provide Jester with the information necessary to process an Order from you, including your shipping address and the billing information requested to pay for such Order. You may pay for the Fee and any Products from your Order via credit card or another manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of the Return Date unless we otherwise notify you. You represent that you will not use any credit card or other form of payment unless you have all of the necessary authorization to do so. We shall not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make Orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

PRICING AND PRODUCTS. Jester does not disclose the prices of its Products until you receive a Box. While Jester makes efforts to follow the play style and price preferences you express in your Profile, we do not guarantee that every item in your Box will comply with those preferences. Don’t worry though – if you don’t like it, just send it back in accordance with Section 3. Please remember that you are responsible for paying the price of any and all Products in your Box, whether they conform to your Profile or not, unless you return the Products by the Return Date. You are responsible for the payment of any Fees, and state and local sales or use taxes that may apply to your Order. - The manufacturer of each Product, and not Jester, is responsible for the quality and any warranty of any of its Products shipped or purchased from Jester. If you have any problems with an Order, you should first contact Jester by email at hello@jesterapp.io and we will put you in touch with the right person to handle it.

OWNERSHIP OF INTELLECTUAL PROPERTY. You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Site or Services (“Our Technology”) and the materials, information, and content made available or displayed by us on the Site or through the Services (collectively, “Our Content”) are: (i) copyrighted by us, our licensors and/or other licensors under the United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site or Services according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products, the Site, or in the Services constitute trademarks, tradenames, service marks, or logos (“Marks”) of Jester or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, create derivative works of or otherwise use Our Content and any Marks from Our Content or Our Technology. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.

GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our Users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:

- Conduct or promote any illegal activities while using the Products, Site or Services;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic, or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders, or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Use any robot, spider, another automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or Our Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

RIGHT TO SUSPEND. Jester reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Boxes at any time at our discretion including, without limitation, as necessary in Jester's discretion to protect the security or operation of the Site or Services.

FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Products, the Site, or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services (including Boxes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion.

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.

PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy here that describes our collection, use, and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to security breaches or immune from viruses, security threats, or other vulnerabilities and that you assume any and all risk of security breaches, viruses, or other events that result in your information being disclosed to third parties.

GENERAL TERMS. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements . If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

SURVIVAL. Sections 1 through 6, 10 and 12 through 23 will survive the expiration or termination of these Terms of Use for any reason.

NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to hello@jesterapp.io or as otherwise expressly provided. Please report any violations of these Terms of Use to hello@jesterapp.io.

LAST UPDATED: September 14, 2020

Built with care in Seattle.

Copyright © 2020 Jester, Inc

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