Welcome to (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.
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.
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.
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 firstname.lastname@example.org and we will put you in touch with the right person to handle it.
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.
LAST UPDATED: September 14, 2020