Agreement to Terms
The following terms and conditions ("Terms") apply to your use of the board game creation and publishing software and tools of Merchant of Play Inc. ("MOP", "we", "us" or "our"), including any functionality and services offered on or through our Discord channel, which is the sole platform for our games (collectively, the "Services"), whether as a guest or a registered user.
By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy at merchantofplay.com/privacy. If you do not agree to these Terms, do not use the Services.
You must be at least the legal age of majority in your jurisdiction to use the Services. We do not knowingly provide Services to individuals under the age of majority.
If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such case, "you" and "your" will refer to that entity.
Grant of License
Subject to these Terms, MOP grants you a nonexclusive, non-transferable, non-sublicensable, limited right to access and use the Services for the purpose of promoting, marketing, and selling your board game. All rights not explicitly granted are reserved by MOP.
You agree not to modify, reverse engineer, decompile, disassemble, distribute, or exploit any part of the Services for any purpose without our express prior written consent.
Changes to Terms and Services
MOP reserves the right to amend these Terms at any time. Any modifications will be communicated to you via updates on this page and through other appropriate channels.
You will be provided with a notification period of at least two business days before the changes take effect. During this period, you may review the changes, and if you disagree with them, you have the right to discontinue use of the Services.
Your continued use of the Services after the notification period or after the changes take effect will constitute your acceptance of the revised Terms.
Account Registration and Security
To access certain Services, you are required to register by providing accurate, complete, and up-to-date information. It is your responsibility to maintain the confidentiality of your account credentials.
You are fully accountable for all activities that occur under your account. Should you suspect that your account has been compromised, it is your obligation to promptly notify us.
We reserve the right to temporarily or permanently suspend your account if we believe it has been compromised or is being used in violation of these Terms.
User Submissions and Intellectual Property - Ownership
As a creator using the Services, you retain all rights, title, and interest in and to your original board game creations, including all related intellectual property rights. Nothing in these Terms transfers any ownership rights to MOP.
User Submissions and Intellectual Property - License to Us
By submitting your board game creations to the Services, you grant MOP a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and create derivative works of your creations: (i) on our Discord channel; (ii) in promotional and marketing materials, including but not limited to videos, podcasts, social media content, advertisements, and other marketing communications; and (iii) as reasonably necessary to operate, promote, and improve the Services.
This promotional license includes the right to use your board game name, imagery, and gameplay elements in our marketing activities, provided that such use is consistent with maintaining the integrity and reputation of your creation.
You may revoke this license at any time by providing written notice to MOP and removing your content from the Services. Upon revocation, we will cease use of your content, except where retention is required to comply with legal obligations or maintain historical records in community communications or archives.
User Submissions and Intellectual Property - Your Warranties and Representations
You represent and warrant that:
(a) You own or have obtained all necessary rights, licenses, consents, and permissions to your board game creations;
(b) Your creations do not infringe any intellectual property, privacy, or other rights;
(c) You will comply with all applicable laws and content standards;
(d) You will not provide any content that is illegal, infringing, defamatory, or otherwise prohibited.
User Submissions and Intellectual Property - Unauthorized Submissions and IP Disputes
You may only submit content if you are the rightful owner or have express written authorization. If you submit unauthorized content: MOP may suspend or remove your content; terminate your account; and cooperate with the rights holder.
If you believe your intellectual property has been misused, email officialstuff@merchantofplay.com with: Your contact information; Description of the work; Location of the infringing content; Statement of good-faith belief; Declaration that you are authorized to act on behalf of the rights holder.
User Submissions and Intellectual Property - Content Standards
You may not submit or distribute content that is: Infringing, obscene, or unlawful; Promotes hate speech or harassment; Spam or unauthorized commercial promotion.
MOP reserves the right to remove any violating content.
User Submissions and Intellectual Property - Indemnification
You agree to defend, indemnify, and hold harmless MOP, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your submissions, your breach of these Terms, or your use of the Services.
User Submissions and Intellectual Property - Termination of License
You may terminate your license by written notice. We will stop using your content, except as needed to resolve legal or administrative matters or maintain historical references.
Billing and Payment
Currently, the Services are free. We reserve the right to introduce or modify fees for any aspect of the Services at any time upon thirty (30) days' prior written notice.
Your continued use of the Services after such notice constitutes acceptance of any new or modified fees.
Third-Party Integrations
Our Services integrate with third-party platforms like Discord. We are not responsible for their terms, performance, or data practices. You agree to comply with all relevant third-party terms.
Accessibility
We strive to maintain accessibility and comply with WCAG and ADA standards. Contact officialstuff@merchantofplay.com with subject line "Accessibility" for any issues.
Intellectual Property Rights
All content and software related to the Services is owned by MOP or its licensors and protected by law. You may not reproduce or create derivatives without permission.
Privacy and Data Protection
We protect your personal data in compliance with GDPR and CCPA. Our Privacy Policy at merchantofplay.com/privacy explains how we collect, use, and manage your data.
Copyright Complaints
If you believe your IP rights have been violated, please notify us at officialstuff@merchantofplay.com. Your notice must include: Your contact info; The work you claim is infringed; The infringing content's location; A statement of good-faith belief; A declaration of authorization to act on behalf of the rights holder.
We will respond appropriately under applicable laws.
Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOP DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF USE, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF MOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Export Compliance
You must comply with export laws. Services are unavailable in sanctioned countries or to restricted individuals.
Governing Law and Jurisdiction
These Terms are governed by the laws of British Columbia, Canada. Any disputes arising from or relating to these Terms or the Services shall be resolved exclusively in the courts of Vancouver, British Columbia, Canada.
The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to such venue based on forum non conveniens or any other grounds.
Communications and Notifications
You agree to receive communications electronically. We'll use the email you provide and our Discord channel for notifications.
PLAY awaits
