TERMS AND CONDITIONS

CONDITIONS
By accessing this web site, you are agreeing to be bound by these web site and online store Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Applicable copyright and trademark law protect the materials contained in this web site. Battleboard Games may revise the terms of use for its web site and online store at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions.

ORDER ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Battleboard Games reserves the right at any time after receipt of your order to accept or decline your order for any reason.

MULTIPLE ITEMS ORDER
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

LICENSING AGREEMENT FOR DIGITAL FILES (STL)
By clicking the “Add to Cart” links found on the battleboardgames.com website, or by opening a “Download link” containing Gridscape model files, you agree to the terms of the Battleboard Games User License Agreement. This is a contract between you and Battleboard Games LLC. Please note that this is a license to use Gridscape models, NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use Gridscape models. Please read the terms carefully:

LIMITED LICENSE – Upon payment of the non-refundable license fee, Battleboard Games LLC grants you a non-exclusive, non-transferable, limited right to use Gridscape models for personal  use by you at a single, geographical location (the “Licensed Location”). You may not store Gridscape models on a file server that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location.

PERMITTED COPIES – You may not duplicate or copy Gridscape models except as needed to use it as expressly permitted by this Agreement. You may make one (1) copy of Gridscape models for backup purposes. You may make an additional copy in a file format readable by 3D Printers, for the purpose of being 3D Printed at your Licensed Location. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices (i.e. encoded watermark) that appear on and/or in the model including all related documentation.

INTELLECTUAL PROPERTY RIGHTS – You acknowledge and agree that Gridscape models and permitted copies, and the trademarks associated with Gridscape terrain, are the intellectual property owned by Battleboard Games LLC. Gridscape models are protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use. You may not copy Gridscape models except as provided under the “Permitted Copies” provision above.

LICENSE TRANSFER; SERVICE BUREAUS – You may not rent, lease, sublicense, distribute, lend nor transfer Gridscape models, or any copy or portion of Gridscape models, without Battleboard Games LLC’s prior written consent.

NO OTHER USE – You are granted only the rights expressly stated in this Agreement, and you may not use Gridscape models for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Battleboard Games LLC:

    1. You may not share Gridscape models with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.)
    2.  You may not use Gridscape models at more than one physical location
    3. You may not change the name of Gridscape models
    4. You may not resell or redistribute Gridscape models

After Printing our Gridscape 3D files it is not uncommon for the newly printed models to be used to demonstrate your 3D printing capabilities, be it for private and/or commercial use. We know and appreciate this and have tried to set up a system of understanding on what we think is acceptable usage and what we consider not acceptable usage of these printed models. Use of printed models for gaming purposes is entirely permissible under this agreement (the entire point of the intent of this product).

TYPE OF USERS:

Private – Generally referred to as a hobbyist; this Individual uses pre-printed Gridscape models in a tabletop role playing game environment with no intent to sell or create financial gain in any way.

ACKNOWLEDGEMENT – Please acknowledge Gridscape models when you are using them to promote a product, displaying them, or selling fabricated models, using the information below.

3D models designed by Battleboard Games LLC

TERMINATION – The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of Gridscape Files / Artwork / 3D Files. The balance of the Agreement shall survive any such termination of license rights.

WARRANTY – Battleboard Games LLC warrants that Gridscape models will perform as outlined in the user documentation in effect at the time of the commencement of this license. Battleboard Games will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Battleboard Games LLC. Battleboard Games LLC will have no responsibility in the event you fail to provide proof you licensed Gridscape models from Battleboard Games LLC.

DISCLAIMER; NO REFUNDS – EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, GRIDSCAPE MODELS ARE PROVIDED “AS IS.” BATTLEBOARD GAMES LLC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING GRIDSCAPE MODELS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, BATTLEBOARD GAMES LLC MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for Gridscape models is nonreturnable and nonrefundable.

DAMAGES; LIMITATIONS – TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BATTLEBOARD GAMES LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE GRIDSCAPE MODELS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BATTLEBOARD GAMES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Battleboard Games LLC’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

GOVERNING LAW – This Agreement is governed by the laws of the U.S.A. and the Commonwealth of Kentucky, excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a Kentucky [[District]] Court, located in Louisville, Kentucky, U.S.A., and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.

This Agreement represents the entire agreement between you and Battleboard Games LLC in connection with its subject matter. This Agreement supersedes any other “Battleboard Games LLC End User License Agreement” which may be included with Gridscape models or previously displayed on this web site, and/or any prior agreements between you and Battleboard Games LLC in connection with its subject matter. This Agreement may only be modified by Battleboard Games LLC in a writing that expressly states that such writing is intended to modify this Agreement.

GOVERNING BATTLEBOARD GAMES LLC – Battleboard Games LLC is a Commonwealth of Kentucky company with a mailing address of: 4400 Kurtz Ave, Louisville KY 40229. All support requests, completed registrations and other inquiries should be sent to: wayn[email protected]

PAYMENT TYPES ACCEPTED
We accept the following credit cards: Visa, MasterCard, Amex and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide exact billing address and telephone number (i.e. the address and phone number your credit card bank has for you). Providing incorrect information may result in a delay in processing your order. Your credit card will be billed upon shipment of your order.

Battleboard Games also accepts PayPal, money orders, and cashier’s checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check.

TAXES 
Battleboard Games automatically charges and withholds the applicable sales tax for orders with billing addresses within the Commonwealth of Kentucky. If your billing address is in Kentucky and you are shipping to another state, you will be charged sales tax at 6%. If your billing address is in another state and you are shipping to Kentucky, you will not be charged sales tax.

SHIPPING / OUT OF STOCK ITEMS 
Battleboard Games will ship your product as it becomes available. Generally, orders received weekdays before noon will ship the same day, provided the product ordered is in stock. Most orders received after noon will ship the next business day. Orders are not processed or shipped on Saturdays, Sundays, or holidays, except by prior arrangement. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Battleboard Games or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. You may cancel your order at any time prior to shipping. Battleboard Games generally ships through USPS unless you have made other arrangements with a sales rep.

REFUND/RETURN POLICY
We will gladly accept the return of products that are defective due to defects in manufacturing and/or processing for thirty (30) days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product(s) to you will also be accepted for return within thirty (30) days from the date of purchase. In order to obtain a refund, we ask that defective product be sent back to us. You will be refunded for shipment of returned items as well as total of order.

PRIVACY
Battleboard Games makes efforts to keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, and phone number. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
Other sites accessible through our site, if any, have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Battleboard Games is not responsible for the actions of any third party.

DISCLAIMER
These Terms and Conditions will supersede any terms and/or conditions you include with any purchase order. Battleboard Games reserves the right to make changes to this site and these Terms and Conditions at any time without notice. Battleboard Games does not, however, make any commitment to update these materials and the information on this site or the online store.

Battleboard Games makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights for any information or material in this web site or online store.

In the event a product is listed at, an incorrect price due to a typographical error Battleboard Games shall have the right to refuse or cancel any orders placed for products listed at an incorrect price. Battleboard Games shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for purchase and your order is canceled, Battleboard Games shall immediately issue a credit to your credit card account in the amount of the incorrect price.

CHOICE OF LAW
Any and all claim(s) relating to Battleboard Games web site or online store shall be governed by the laws of the Commonwealth of Kentucky without regard to any other conflict of law.