Terms and Conditions of Use

1. About these terms

1.1 These terms create a legal agreement between you (“you” or “your”) and YETi CGI, Inc, a for profit company registered in Michigan whose address is 401 Hall Street SW Grand Rapids, MI 49503 (“YETi,” “YETi CGI,” “we,” “us,” or  “our”), in relation to this website (www.backyardgamedesign.com) and any services related to this website (together the “Website”). You agree that by accessing our Website, you are agreeing to these terms and our Privacy Policy. If you do not agree with these terms or our Privacy Policy THEN YOU SHOULD NOT ACCESS OUR WEBSITE.

1.2 You are at least 18 years of age. If you are under 18 years old, your legal guardian has reviewed and agrees to these terms and approves the fact that you are using our Website.

1.3 You can access these terms at any time at www.backyardgamedesign.com/privacy. We can make changes to these terms at any time in accordance with paragraph 11 below and your continued use of our Website shall confirm your acceptance of the updated terms. You should check the Website from time to time to review the then current version of these terms.

2. About accessing and using our Website

2.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing our Website. You should ask your mobile operator if you are unsure what these charges will be, before you access our Website.

2.2 While we try to ensure that the information on our Website is complete and accurate, we do not warrant the accuracy and/or completeness of any information on our Website. We also make no commitment to keep the information on our Website up to date. The material on our Website is provided “as is” without any conditions, representations, warranties or other terms of any kind. Under no circumstances will we be liable in any way for any information on our Website, including, but not limited to, any errors or omissions in any information, or any losses or harm of any kind resulting from the use of any information made available via our Website.

2.3 We have the right to withdraw or modify our Website (in whole or in part) without notice and without liability to you from time to time:

  • for technical reasons (such as technical difficulties experienced by us or on the internet);

  • to allow us to improve user experience;

  • where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Website);

  • because it no longer makes business sense for us to provide the relevant part of the Website; or

  • because we have altered the services we provide.

2.4 There may also be times when our Website or any part of it is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

3. User conduct and content

3.1 You must comply with the laws that apply to you in the location that you access our Website from. IF THE LAWS APPLICABLE TO YOU RESTRICT OR PROHIBIT YOU FROM ACCESSING OUR WEBSITE, YOU MUST COMPLY WITH THOSE LEGAL RESTRICTIONS OR, IF APPLICABLE, STOP ACCESSING OUR WEBSITE.   

3.2 You promise that all the information you provide to us on accessing our Website is and shall remain true, accurate, and complete at all times.

3.3 Information, data, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Website by you or by others (hereinafter “Content”). You agree not to upload, communicate, transmit or otherwise make available any Content:

  • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;

  • that is or could reasonably be viewed as invasive of another's privacy;

  • which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);

  • which infringes any intellectual property right or other proprietary right of us or any other third party; or

  • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our Website, or any computer software or hardware or telecommunications equipment.

3.4 You agree that you will not:

  • disguise, anonymize, or hide your IP address or the source of any Content that you may upload;

  • remove, amend or modify any proprietary notices or other ownership information from our Website;

  • interfere with or disrupt our Website, `servers or networks that support or provide our Website;

  • attempt to decompile, reverse engineer, disassemble, or hack our Website, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

  • collect any information about or regarding other people that use our Website, including, but not limited to any personal data or information;

  • use our Website in violation of any applicable law or regulation; or

  • use our Website in any other way not permitted by these terms.

4. Your breach of these terms

4.1 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

5. Limitations on liability and warranty

5.1 YETI CGI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF YETI CGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, YETI CGI'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

5.2 YETI CGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, YETI CGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YETI CGI SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

6. Intellectual property

6.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Website are owned by or licensed to us. You will not take any action to jeopardize, limit, or interfere with any of our intellectual property rights.

6.2 While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and use our Website (but not any related object and source code), in each case provided that such use is in accordance with these terms. You agree not to use our Website, or any elements thereof, for anything else.

6.3 While you are in compliance with these terms, you are permitted to print and download extracts from the Website for your own use provided that (i) you do not modify any extract, document or graphic in any way; (ii) you do not remove or amend any proprietary notices or other ownership information from our Website;

6.4 Other than as set out in paragraph 6.3, you must not copy, distribute, make available to the public or create any derivative work from our Website or any part of our Website.

6.5 In particular, and without limiting the application of paragraph 6.4, you must not make available any technological measures designed to control access to, or elements of, our Website.

6.6 By submitting Content (as defined in paragraph 3.3) via our Website you:

  • are representing that you are fully entitled to do so;

  • grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;

  • acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and

  • agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

 

6.7 YETi CGI does appreciate your feedback and suggestions. Our goal is to provide all our customers with high quality products and services. YETi CGI's ability to freely evaluate and, if appropriate, implement ideas and information improves the online experience for all users. Therefore, any information, feedback, data, questions, comments, suggestions, or any other material or proposals, submitted to YETi CGI, whether solicited or unsolicited, regarding its services or web site shall be deemed non-confidential.  By providing any such material, you hereby grant Yeti CGI an unrestricted, irrevocable, royalty-free and perpetual right to freely, reproduce, use, disclose, modify, perform, publish, translate, create derivative works from, distribute and display any such information you send YETi CGI, without limitation, for any and all commercial and non-commercial purposes.  YETi CGI is free to use any ideas, concepts or techniques contained in this response for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such ideas, concepts or techniques.

7. Privacy

7.1 We will only collect, process, use, and share your personal information in accordance with our Privacy Policy and as set out in these terms. BY ACCESSING OUR WEBSITE, YOU GIVE YOUR CONSENT TO COLLECT, PROCESS, USE AND SHARE YOUR PERSONAL DATA IN THIS WAY.  IF YOU DO NOT AGREE TO OUR PRIVACY POLICY, YOU SHOULD NOT CONTINUE TO ACCESS OUR WEBSITE.

7.2 We may use cookies to store certain types of information each time you use our Website. They may for example be used to help us recognize what kind of device you are using. You can find out more about how we use cookies by reading our Privacy Policy.

8. Link

8.1 We may link to third party websites or services from our Website. You understand that we make no promises regarding any content, goods, or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own Privacy Policy does not apply in relation to that data.

9. Transferring these terms

9.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to third parties without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms.

10. Entire agreement

10.1 These terms set out the entire agreement between you and us concerning our Website (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or use our apps or visit our other websites, then different terms and conditions may apply to you in respect of your use of such apps and/or website(s).

11. Changes to these terms

11.1 You can find these terms at any time by visiting www.backyardgamedesign.com/terms. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Website.

12. Severability

12.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.

13. Waivers of our rights

13.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

14. Complaints and dispute resolution

14.1 In the unlikely event that you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the State of Michigan. Any dispute arising in connection with these terms will be subject to the exclusive jurisdiction of the courts of the State of Michigan.

 

These terms were last updated on 30th of June 2015.