Legal
Terms of Use
The terms and conditions that apply when you use BoardGameLink.
1. Definitions
In these Terms of Use (hereinafter the “Terms of Use”), certain terms are capitalized. These terms are defined for the purposes of these Terms of Use and have the following meanings:
- Account: the registered user profile on the Platform, which is divided into a Free Account and/or a Premium Account.
- Agreement: any agreement entered into between BoardGameLink and a User regarding the Platform (or the use of or access to the Platform).
- Benki Games: the company registered with the Chamber of Commerce under number 88360679, located in Alkmaar at Kanaalkade 57 (1811 LS) and operating, among other names, under the name BoardGameLink, or any successor company or entity with VAT identification number: NL004597963B61.
- BoardGameLink: the trade name of Benki Games and the provider and administrator of the Platform.
- Content: all information, text, images, videos, media, data, and other materials uploaded, displayed, or made available on the Platform by BoardGameLink, Benki Games, a User, and/or Users.
- Force Majeure: any circumstance beyond BoardGameLink’s control that makes performance of the agreement unreasonably impossible, including but not limited to: cyberattacks, network attacks, DoS and DDoS attacks, disruptions or outages of hosting providers, cloud services, APIs, third-party integrations, and other external services; war; terrorism; business disruptions, strikes, traffic and transportation disruptions, fire, epidemics, pandemics, disruptions in the supply of energy, internet, or telecommunications services, loss or damage during transport, failures on the part of third parties engaged by BoardGameLink on which it relies for the performance of the agreement, as well as government measures, legal restrictions, and other government interventions.
- Free Account: a subscription/Account with limited functionality that does not incur any (subscription) fees. The Free Account has fewer features than a Premium Account.
- Opportunity: a business request, call for proposals, or opportunity for collaboration posted by a User on the Platform regarding a Game, product, service, or other professional activity within the board game industry, to which other Users may respond or contact the poster.
- Parties: BoardGameLink and the User, collectively referred to as the “Parties” and individually as a “Party.”
- Platform: the website www.boardgamelink.com, including all associated applications, software, and digital services offered by BoardGameLink.
- Premium Account: a subscription/account with expanded functionality offered for the agreed-upon fee. A Premium Account provides access to expanded features on the Platform.
- User: any natural person or legal entity that uses the Platform or creates an Account in connection with professional, business, or commercial activities within or related to the board game industry.
2. General Provisions
2.1. Applicability
2.1.1. These Terms of Use apply to all Agreements entered into between a User and BoardGameLink with respect to the Platform. The Agreement is formed when the User creates an Account, accepts these Terms of Use, or otherwise uses the Platform in a manner that requires acceptance of these Terms of Use. These Terms of Use apply in any case to the User’s use of and/or access to the Platform.
2.1.2. BoardGameLink is a professional network for the board game industry. The Platform is primarily intended for professional, business, and commercial activities within this sector. By using the Platform, the User declares that they are using the Platform for such purposes. These Terms of Use have been drafted taking into account the nature of the Platform and the professional character of its intended users.
2.1.3. These Terms of Use, together with any Agreement between the User and BoardGameLink, constitute the sole terms and conditions governing the use of the Platform. A User’s general (purchasing) terms and conditions do not apply and are expressly rejected.
2.1.4. Any deviations from these Terms of Use are valid only if they have been agreed upon in writing between the relevant User and BoardGameLink. To the extent that the content of these Terms of Use has not been amended or no deviating terms have been agreed upon between BoardGameLink and a User, these Terms of Use shall also apply to future contractual relationships between BoardGameLink and a User with respect to the Platform.
2.1.5. Third parties engaged by BoardGameLink in the performance of the Agreement, including but not limited to hosting providers, payment service providers (such as Stripe), and other service providers, may also rely on these Terms of Use.
2.1.6. Obvious typographical errors, spelling errors, calculation errors, or other obvious mistakes in the Platform, the Terms of Use, offers, or other communications from BoardGameLink are not binding on BoardGameLink.
2.2. Governing Law & Choice of Forum
2.2.1. These terms and conditions and all Agreements are governed by Dutch law, with the express exclusion of any applicability of the Vienna Convention on Contracts for the International Sale of Goods.
2.2.2. If one or more provisions (or parts thereof) of these general terms and conditions are void or are declared void, for example because they conflict with mandatory law, the remaining provisions or the remaining part of the provision in question shall remain in effect. In such a case, the parties shall consult to agree on new rules to replace the void or invalidated provisions, which shall reflect, as much as possible, the purpose and intent of the void or invalidated provision(s) or part thereof.
2.2.3. In interpreting and applying these Terms of Use, due consideration must be given to the professional nature of the Platform and its intended users.
2.2.4. The parties shall endeavor to resolve disputes first through mutual consultation. If this does not lead to a resolution, disputes shall be submitted to the competent court in the judicial district where BoardGameLink is located, unless mandatory law provides otherwise.
2.3. Amended Terms, Communication & Transfer
2.3.1. BoardGameLink has the right and the ability to unilaterally amend or supplement these Terms of Use. Amendments also apply to Agreements already entered into, subject to a 30-day notice period following the announcement of the amendment. Minor changes may be implemented at any time, and BoardGameLink will inform Users of such changes within a reasonable period. If a User does not wish to accept an amendment to the Terms of Use, the User must notify BoardGameLink in writing before the date on which the new Terms of Use take effect. BoardGameLink reserves the right to terminate the relationship if the amended Terms of Use are not accepted.
2.3.2. All communication must be in writing, and email correspondence shall be deemed to be in writing. Communication with BoardGameLink via email shall take place exclusively through info@boardgamelink.nl or any other email address as communicated by BoardGameLink.
2.3.3. BoardGameLink is authorized to transfer its rights and obligations under an Agreement or a relationship with a User to a third party. The User is only authorized to transfer their rights and obligations to a third party with the written consent of BoardGameLink; such consent shall not be refused on unreasonable grounds.
3. Term and Termination
3.1. Term
3.1.1. The Agreement and these Terms of Use remain in effect as long as the User has an Account or otherwise maintains a legal relationship with BoardGameLink regarding the Platform, unless the nature of a provision dictates that it remains in effect even after termination.
3.1.2. A Premium Account is established for the subscription period selected by the User. The User may choose between a monthly subscription and an annual subscription.
3.1.3. Unless otherwise agreed, a Premium Account will be automatically renewed at the end of the selected subscription period for the same duration as the original subscription, unless the User cancels the Premium Account or downgrades it to a Free Account in a timely manner in accordance with these Terms of Use.
3.1.4. If a trial period is used, the User may terminate the Premium Account or downgrade it to a Free Account at no cost during this trial period, unless expressly agreed otherwise.
3.2. Early Termination
3.2.1. A User may terminate a Free Account at any time. The User may have his or her Free Account canceled if he or she no longer wishes to use BoardGameLink’s services.
3.2.2. A Premium Account may only be terminated at the end of the current subscription period.
3.2.3. For annual subscriptions, a notice period of at least one (1) calendar month prior to the renewal date applies.
3.2.4. Monthly subscriptions may be canceled no later than the day before the next renewal date.
3.2.5. Cancellation or downgrading of a Premium Account must be done via the Platform or by any other method offered by BoardGameLink.
3.3. Termination by BoardGameLink
3.3.1. BoardGameLink has the right to terminate, suspend, or rescind the Account and/or the Agreement, in whole or in part, with immediate effect, by means of written notice, without prior notice of default and without being liable for any compensation, if one or more of the following circumstances arise:
3.3.1.1. the User (whether or not on a provisional basis):
- is granted a stay of payments,
- is declared bankrupt,
- files a petition for a debt restructuring plan; or
- is placed under guardianship or administration.
3.3.1.2. the User ceases, liquidates, significantly alters, or transfers its business activities, in whole or in part, to a third party without the required consent for the transfer of the Account in accordance with these Terms of Use;
3.3.1.3. it appears that the User has provided incorrect information or has misled BoardGameLink in any way, including with respect to identity, authority, or other relevant information;
3.3.1.4. the User breaches the Agreement, these Terms of Use, or other applicable terms and conditions;
3.3.1.5. BoardGameLink reasonably concludes, based on complaints, reports, its own investigation, or other available information, that the User’s actions or omissions cause or may cause harm to other Users, the Platform, BoardGameLink, or its reputation, including misleading, unlawful, unprofessional, or otherwise harmful conduct;
3.3.1.6. BoardGameLink is required by law or regulation, a court order, or a decision by a competent authority to terminate or suspend the Account, the Agreement, or the provision of services.
3.4. Force Majeure
3.4.1. “Force Majeure” is defined as set forth in these Terms of Use. During a situation of Force Majeure, BoardGameLink’s obligations may be suspended.
3.4.2. If performance proves impossible due to Force Majeure for a period exceeding two (2) months, BoardGameLink has the right to terminate the Agreement in whole or in part without being liable for any damages.
3.5. Consequences of Termination
3.5.1. Upon termination of the Agreement, provisions that, by their nature, are intended to continue in effect after termination shall remain in force.
3.5.2. Upon termination or rescission of the Agreement, all claims of BoardGameLink that are already due and payable shall become immediately due and payable.
4. Availability of the Platform and Services of BoardGameLink
4.1. Platform Offering
4.1.1. BoardGameLink provides access to an independent B2B platform for the board game industry that allows Users to showcase themselves, publish services, games, and business opportunities, discover other Users, and connect with one another. In doing so, BoardGameLink acts solely as the operator of the Platform and not as an agent, broker, intermediary, or mediator. BoardGameLink provides only access to and the functionalities of the Platform and is not a party to any agreements, negotiations, or transactions between Users. None of the deadlines set for any services provided by BoardGameLink constitute a strict deadline.
4.1.2. BoardGameLink will make every effort to keep the Platform available for the duration of the Agreement. However, BoardGameLink does not guarantee that the Platform will be published without interruption, malfunction, or error, nor that it will be accessible at all times. BoardGameLink is entitled, without prior notice, to (temporarily) suspend the Platform or Accounts and/or restrict their use if, in its reasonable judgment, this is necessary, for example, in connection with required maintenance of the Platform. BoardGameLink’s services are partly dependent on third parties, including hosting and cloud providers. As a result, temporary disruptions, interruptions, or limitations in service may occur.
4.1.3. BoardGameLink is an open and independent network platform. By using the Platform, Users do not acquire any exclusive position, exclusive rights, exclusive territory, or exclusive access to other Users, games, Opportunities, projects, or business relationships. BoardGameLink is free to admit other Users who engage in similar or competing activities.
4.1.4. BoardGameLink does not guarantee that the use of the Platform will result in business contacts, collaborations, licensing agreements, sales, orders, service contracts, responses to posted content, or other commercial outcomes.
4.2. Platform Changes
4.2.1. BoardGameLink reserves the right to change the layout, design, features, and functionality of the Platform at any time and at its sole discretion, without the User being entitled to compensation or a refund of (part of) the price, provided that this does not result in a material impairment of a current paid subscription period.
4.2.2. BoardGameLink is entitled to expand, limit, modify, temporarily suspend, or terminate features of the Platform, provided that this does not materially affect a current paid subscription period, except in cases of force majeure or legal obligations.
4.2.3. BoardGameLink is entitled to have its services performed, in whole or in part, by third parties.
4.3. Curation, Selection, and Visibility of Content
4.3.1. BoardGameLink reserves the right, at its sole discretion, to select, highlight, rank, move, restrict, or not display Content, games, companies, profiles, Opportunities, and other parts of the Platform.
4.3.2. In doing so, BoardGameLink may take into account, among other things, relevance, quality, timeliness, target audience, compliance with these Terms of Use, editorial decisions, operational considerations, commercial decisions, and the Platform’s image, positioning, and objectives.
4.3.3. BoardGameLink is under no obligation to display, rank, or highlight specific Content, games, companies, profiles, or Opportunities.
4.3.4. No rights may be derived from any form of placement, visibility, promotion, recommendation, highlighting, or ranking.
5. Platform Use and Access
5.1. Use of Free & Premium Accounts
5.1.1. Free Accounts are available at no cost and offer limited access to the Platform and its features compared to Premium Accounts.
5.1.2. Premium Accounts are offered at specific prices and under specific subscription terms. The applicable subscription fees and specific terms (including the features offered and agreed upon, payment terms, and other arrangements) are agreed upon and confirmed by the User via the Platform.
5.1.3. Use of the Platform, including any Premium Accounts, does not entitle the User to a certain level of visibility, a specific ranking, or the receipt of matches, responses, or collaborations. BoardGameLink solely provides a facilitating Platform for its Users and makes no guarantees regarding results or success.
5.2. Access & Suspension
5.2.1. Access to the Platform requires a valid and verified Account. An Account may only be created after BoardGameLink has completed its verification procedure. The User warrants that all registration and profile information is accurate, up-to-date, and complete, and will be kept up-to-date throughout the User’s use of the Platform.
5.2.2. BoardGameLink is entitled to request additional verification or supporting documents to confirm identity, authority, ownership of a business, or other information provided on the Platform.
5.2.3. The User is responsible for keeping their login credentials confidential and for all activities that take place through their Account. The User shall immediately notify BoardGameLink in the event of unauthorized use of the Account or if there is reasonable suspicion that third parties have gained access to the Account.
5.2.4. A User may, to the extent that the Platform technically supports this, manage multiple companies, organizations, or brands within a single Account. The User warrants that he is authorized to act on behalf of the relevant companies, organizations, or brands on the Platform and to publish information. BoardGameLink may impose additional terms, verification requirements, or subscription conditions for this purpose.
5.2.5. BoardGameLink reserves the right to refuse an Account application, require additional verification, temporarily suspend an Account, or terminate an existing Account if, in its reasonable judgment, there is a valid reason to do so, including but not limited to a violation of these Terms of Use, applicable laws and regulations, house rules, Fair Use principles, or other terms and conditions applicable to the use of the Platform.
5.2.6. BoardGameLink reserves the right to refuse an application for an Account, suspend an Account, or terminate an Account if, in BoardGameLink’s reasonable judgment, the User’s identity, activities, or business operations are not consistent with the Platform’s target audience, purpose, or professional nature. In the latter case, the User shall not be liable for any additional compensation.
5.2.7. BoardGameLink reserves the right to temporarily suspend an Account or remove Content. The removal of Content or an Account pursuant to this section does not entitle the User to compensation, unless there is intent or willful recklessness on the part of BoardGameLink.
5.2.8. BoardGameLink may also suspend or terminate an Account if incorrect, misleading, or incomplete information has been provided, in the event of (suspected) fraudulent or unlawful use, or if necessary to protect the integrity, security, or proper functioning of the Platform or to comply with the law.
6. Prices and Payment
6.1. Payments
6.1.1. The User of a Premium Account is required to pay the agreed-upon price in the agreed-upon installments.
6.1.2. The fee due will be collected or billed prior to the relevant subscription period via the payment method offered by BoardGameLink. In the case of direct debit, the User authorizes the relevant payment service provider to deduct the agreed-upon price from the User’s bank account via direct debit.
6.1.3. If the agreed-upon payment deadline is exceeded or in any other case of default on payment, BoardGameLink is entitled to suspend all services for the duration of the default, including the suspension of access to an Account. BoardGameLink is also immediately entitled to charge the User late payment interest of 1% of the principal amount per month, as well as the statutory extrajudicial collection costs in accordance with the Act on Standards for Extrajudicial Collection Costs (WIK), with a minimum of EUR 40, to the extent permitted by law.
6.1.4. Without the express written consent of BoardGameLink, the User is not permitted to apply set-off and/or suspension and/or withholding with respect to their payment obligations.
6.1.5. Subscription fees already paid will not be refunded, unless expressly provided otherwise in these Terms of Use or required by mandatory law.
6.2. Taxes & Pricing Information
6.2.1. All prices listed on the Platform, in an Agreement, these Terms of Use, or any other offer are expressed in euros (€) and exclude VAT and other government-imposed taxes, unless expressly stated otherwise. Any taxes, duties, import duties, bank fees, or other local surcharges are the responsibility of the User.
6.2.2. The User can view the prices, payment terms, and trial periods in the Account dashboard and/or on the Platform. Prices, payment terms, and trial periods may vary by Account and subscription type.
6.3. Changes to Rates
6.3.1. BoardGameLink is authorized to change the rates. Any price change will be announced at least thirty (30) days prior to the effective date. The User has the right to cancel the subscription before the effective date of the price change. If the User does not cancel the subscription before the effective date, the Agreement will continue under the new rates.
6.3.2. A price change does not affect an already ongoing subscription period and will only take effect at the start of a new subscription period.
6.3.3. BoardGameLink is free to index the relevant prices annually, without any consequences, based on the Dutch Consumer Price Index (CPI) as published by Statistics Netherlands (CBS).
7. Content and Moderation
7.1. Rules Regarding Content
7.1.1. The User is solely responsible for all Content that is posted, shared, published, or otherwise made available on the Platform via the Account.
7.1.2. All Content must be accurate, up-to-date, complete, and non-misleading, and must accurately represent the person, company, organization, service, product, game, or business opportunity in question.
7.1.3. The User shall only publish Content for which they are authorized to use, publish, or share. The User warrants that the posted Content does not infringe upon the intellectual property rights, privacy rights, or other rights of third parties.
7.1.4. It is not permitted to impersonate another person, company, organization, or brand via the Platform, or to manage a profile on behalf of a company, organization, or brand without being authorized to do so.
7.1.5. It is not permitted to publish Content that:
- is false, misleading, or fraudulent;
- violates applicable laws and regulations;
- infringes on the rights of third parties;
- contains harmful software, viruses, malware, or other malicious code;
- may disrupt the security, integrity, or operation of the Platform.
7.1.6. BoardGameLink is not obligated to allow all legitimate forms of Content, products, services, games, themes, or activities on the Platform. BoardGameLink reserves the right, in its sole and reasonable discretion, to exclude certain categories if, in its opinion, they do not align with the Platform’s positioning, image, target audience, or policy decisions. This may include, but is not limited to: pornographic or sexually explicit content, extremely violent content, discriminatory or hateful content, as well as content, products, services, or games with occult, satanic, or similar themes. BoardGameLink may establish additional house rules regarding the posting of Content.
7.1.7. The User shall use the Platform solely in accordance with applicable laws and regulations, including, but not limited to, laws governing intellectual property, data protection (including the GDPR or local equivalents), competition, and electronic communications.
7.1.8. It is not permitted to use the Platform for spam, unsolicited commercial communications, deceptive solicitation, automated messages, or other forms of abuse.
7.1.9. It is not permitted to automatically collect, scrape, copy, or otherwise systematically reuse data from other Users without BoardGameLink’s prior consent.
7.1.10. It is not permitted to refer to other Users of the Platform in a misleading, harmful, derogatory, or comparative manner in Content, unless the comparison is objective, verifiable, and legitimate.
7.2. Content Moderation
7.2.1. BoardGameLink has the right to review, restrict, hide, or remove Content if, in its reasonable judgment, it:
- violates these Terms of Use;
- violates applicable laws and regulations;
- infringes upon the rights of BoardGameLink, other Users, or third parties; or
- may be harmful to other Users, the Platform, or the reputation of BoardGameLink.
7.2.2. BoardGameLink is not obligated to actively monitor or moderate all Content. Users cannot derive any rights from whether or not Content is moderated.
7.2.3. The removal, restriction, or blocking of Content pursuant to this section does not entitle the User to damages, a refund, or any other form of compensation.
8. User Obligations and Fair Use
8.1. Authorization and Accurate Information
8.1.1. If an Account is created on behalf of a company, organization, or brand, the User represents that he or she is authorized to act on behalf of that entity and to create the Account.
8.1.2. An Account must accurately represent the person, company, organization, or brand for which the Account is used. The User shall provide only accurate, current, and complete information and shall not use a fictitious identity or impersonate another person, company, organization, or brand. The User warrants that he or she is authorized to act on behalf of the relevant company, organization, or brand on the Platform.
8.1.3. The User grants BoardGameLink, to the extent necessary, permission to process, review, and monitor activities on the Platform—including Content, profile information, and communications between Users—for purposes such as platform management, security, content moderation, fraud prevention, and compliance with these Terms of Use.
8.2. Fair Use
8.2.1. It is prohibited to use the Platform in violation of the content rules set forth in Section 7.1.
8.2.2. The User is prohibited from using the Platform for unlawful, fraudulent, misleading, offensive, or harmful purposes, including identity fraud, providing false information, circumventing access, subscription, or payment restrictions, spam, unsolicited bulk communications, or other forms of abuse of the Platform.
8.2.3. The User is not permitted to send unsolicited mail or emails, or other spam, to third parties (including other Users), or to make unsolicited phone calls or contact them in any other way for the purpose of promoting or selling products and/or services of their own or those of third parties, with the exception of business operations for which an application has been submitted.
8.2.4. Unless otherwise specified by BoardGameLink, publicly visible Content on the Platform—including profiles, games, Opportunities, and similar public listings—must be written in English. This requirement does not apply to private communications or other direct communications between Users.
8.2.5. The Platform is accessible worldwide. The User is solely responsible for complying with the laws and regulations applicable to him or her. When using the Platform, the User must take into account both applicable laws and professional standards within the board game industry.
8.2.6. In the event of a violation of these Fair Use Rules, BoardGameLink is entitled to take appropriate measures, including restricting, suspending, or terminating access to the Platform. The Fair Use Rules are also intended to protect other Users and the integrity of the Platform.
8.2.7. BoardGameLink reserves all rights to take appropriate measures in the event of abuse, violation of rules, or unlawful conduct. The User is aware that his or her actions may also result in unlawful conduct and liability toward another User or a third party.
8.2.8. You may not use automated means to collect, copy, analyze, reproduce, process, or reuse data, Content, or other information from the Platform without BoardGameLink’s prior written consent. This includes, but is not limited to, bots, crawlers, spiders, scraping software, harvesting tools, automated scripts, and similar technologies. It is also prohibited to use Content, data, or other information from the Platform to train, develop, test, or improve artificial intelligence, machine learning systems, large language models (LLMs), datasets, databases, or similar technologies, regardless of how such data was obtained. Nor is it permitted to develop or operate competing databases, services, products, or other commercial applications based on data or Content originating from the Platform without the prior written consent of BoardGameLink.
9. Enforcement, Reports and Complaints
9.1.1. In the event of a violation of these Terms of Use, misuse of the Platform, or other unlawful conduct, BoardGameLink is entitled to take appropriate measures, including restricting, suspending, or terminating an Account, removing Content, or taking other measures as provided for in these Terms of Use.
9.1.2. Complaints about other Users may be reported to BoardGameLink via the contact address designated by BoardGameLink. BoardGameLink is not a party to any agreements, negotiations, transactions, or other interactions between Users and is under no obligation to investigate, assess, or mediate disputes between Users. However, BoardGameLink reserves the right to take action in response to a complaint, report, or its own investigation if it deems such action necessary to ensure compliance with these Terms of Use, the safety of Users, or the integrity of the Platform.
10. Intellectual Property Rights and Confidentiality
10.1. All intellectual property rights relating to the Platform, including software, source code, databases, text, design, branding, trade names, logos, and layout, are owned by BoardGameLink or its licensors.
10.2. Users retain intellectual property rights to Content they have created, uploaded, or made available, to the extent that they are the rights holders.
10.3. By posting Content on the Platform, the User grants BoardGameLink a non-exclusive, worldwide, and royalty-free license to use, store, process, display, and make such Content available to the extent necessary for the operation, functioning, security, and promotion of the Platform.
10.4. Users must treat confidential information from other Users as confidential if such information should reasonably be considered confidential or is designated as such. Users shall not copy, distribute, or disclose any documents, prototypes, game rules, illustrations, presentations, pitches, designs, or other confidential, commercial, or creative materials shared by other Users without permission.
10.5. The User is solely responsible for deciding what information, Content, sensitive business data, documents, designs, prototypes, game concepts, or other materials are shared via the Platform and with which Users this information is shared.
10.6. BoardGameLink offers features that allow the visibility of certain Content to be restricted to specific user groups, roles, subscription types, or other selected target audiences. BoardGameLink makes every effort to ensure these features function correctly, but does not guarantee that Content will be visible exclusively to the target audience intended by the User under all circumstances.
10.7. BoardGameLink is not liable for the unauthorized use, copying, distribution, publication, registration, exploitation, or other use of Content by other Users or third parties.
10.8. Protecting intellectual property rights, copyrights, design rights, trademark rights, confidentiality, or other rights related to Content remains the User’s responsibility at all times.
10.9. BoardGameLink does not guarantee that other Users or third parties will not develop, offer, or exploit similar or competing ideas, products, services, games, or concepts.
11. Privacy and Use Data
11.1. Privacy and Data
11.1.1. When processing the personal data of third parties, BoardGameLink and a User shall always act in accordance with applicable privacy laws, including the General Data Protection Regulation (GDPR), the General Data Protection Regulation (AVG), and similar applicable privacy laws. The privacy policy also applies; please refer to this privacy policy for further information regarding processing, purposes, and the rights of Users and other data subjects.
11.1.2. BoardGameLink may use anonymized data for analytical, statistical, research, reporting, and communication purposes, including but not limited to newsletters, publications, promotional purposes, industry insights, reports, and editorial content. BoardGameLink will not use such data for the publishing activities of Benki Games or any related publishing activities, but solely for the operation of the Platform. The data used by BoardGameLink will never identify individual users, companies, or specific profiles and will not contain personal data as defined by applicable data protection laws.
11.1.3. BoardGameLink will use data obtained through the Platform—including, but not limited to, profile information, interactions, interests, and contact information—solely for the purpose of operating and improving the Platform. Non-public user data will not be used for Benki Games’ publishing activities, game development, acquisition activities, or other commercial activities outside the operation of the Platform.
11.1.4. BoardGameLink will take reasonable measures to separate the operation of the Platform from Benki Games’ publishing activities.
11.2. Communication Between Users
11.2.1. Communication between Users that takes place via the Platform may be stored and processed by BoardGameLink for the purpose of operating, securing, managing, and improving the Platform.
11.2.2. Communication between Users is, in principle, considered private. BoardGameLink does not actively monitor or review the content of such communication, except to the extent reasonably necessary for the operation, security, management, or enforcement of the Platform.
11.2.3. BoardGameLink reserves the right to view, investigate, and use communications if this is reasonably necessary for:
- handling complaints or disputes;
- moderating and enforcing these Terms of Use;
- fraud, security, or integrity investigations;
- investigating misuse of the Platform;
- protecting Users or the Platform;
- complying with legal obligations or requests from competent authorities.
12. Liability
12.1. To the extent that BoardGameLink is liable, its total liability is limited to the amount that the User paid to BoardGameLink for the relevant Account during the twelve (12) months preceding the event giving rise to the damage.
12.2. BoardGameLink is not liable for consequential damages, property damage, non-pecuniary damages, or lost profits, except in cases of willful misconduct or gross negligence.
12.3. The User shall indemnify BoardGameLink, both in and out of court, against any claims by third parties arising from the Account, posted Content, communications, or other actions of the User on the Platform. The User is solely responsible for the accuracy, legality, and completeness of the Content posted by him and the information provided.
12.4. BoardGameLink is not responsible for the statements, actions, or conduct of Users; all contact with other Users or third parties is at the User’s own risk. The User accepts all risks associated with contact with third parties.
12.5. BoardGameLink is not a party to any agreements, negotiations, transactions, or other arrangements between Users. Users are solely responsible for making arrangements and establishing the terms and conditions that apply to their relationship with one another.
12.6. BoardGameLink is not liable for loss of data, temporary unavailability of the Platform, third-party disruptions, or service interruptions, unless caused by willful misconduct or gross negligence.
12.7. If any limitation of liability is held to be invalid, liability is limited to the amount paid out under the liability insurance policy.
12.8. The limitations of liability also apply to directors, employees, and third parties engaged by BoardGameLink.
12.9. BoardGameLink is not liable for the content, availability, or functioning of third-party websites, platforms, or other services to which Users refer or link via their profile, Content, Opportunities, messages, or other parts of the Platform.
12.10. In the event of a potential breach by BoardGameLink, the User must act within a reasonable timeframe as is customary—depending on the type of User—for consumers or B2B parties. A User must first give BoardGameLink written notice of default and allow a reasonable period for rectification.
13. Contractual Penalty
13.1. Without prejudice to BoardGameLink’s other rights, including the right to suspend or terminate the Agreement, remove Content and claim full compensation, the User shall be liable to pay an immediately payable penalty of €500 per breach in the event of an intentional or wilfully reckless breach of the provisions set out below:
- impersonating another person, company, organisation or brand, or providing incorrect or misleading information about the User’s identity or authority;
- posting, uploading, sharing or making available Content in respect of which the User knows or ought reasonably to know that they do not hold the necessary intellectual property rights, licences or other authorisations;
- using automated means, including scraping, bots, crawlers or similar techniques, without BoardGameLink’s prior written consent, or using data or Content from the Platform for the purpose of training, developing or improving artificial intelligence, machine learning systems, datasets, databases or similar technologies;
- acting in breach of the confidentiality obligations set out in these Terms of Use.
13.2. The imposition of a contractual penalty shall not affect BoardGameLink’s right to claim full compensation and/or other remedies if the actual damage suffered exceeds the penalty payable.