Terms of service
OVERVIEW
Welcome to First Place Games! The terms "we," "us," and "our" refer to First Place Games. First Place Games operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated board game shopping experience (the "Services"). First Place Games is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
First Place Games offers a curated selection of board games for families, hobbyists, and casual players alike. We have made every effort to accurately represent our products, including descriptions, images, and pricing. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to how they are depicted in our store. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. First Place Games reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until First Place Games confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as First Place Games may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, or handling charges.
We may offer promotions from time to time that affect pricing and are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate payment information for all purchases. You represent and warrant that (i) the payment information you provide is true and complete, (ii) you are authorized to use the payment method provided, (iii) charges incurred will be honored by your payment provider, and (iv) you will pay all charges at posted prices, including applicable shipping, handling, and taxes.
SECTION 5 - SHIPPING AND DELIVERY
First Place Games currently ships within the United States only. All delivery times are estimates and are not guaranteed. We are not liable for shipping delays caused by carriers or events outside our control. Once your order is transferred to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, text, images, graphics, product descriptions, and the design and arrangement thereof, are owned by First Place Games, its affiliates, or licensors and are protected by U.S. intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or transmit any material from the Services without our prior written consent. First Place Games's name, logo, and related marks are trademarks of First Place Games and may not be used without prior written permission. All other trademarks are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we do not monitor or control. Such tools are provided "as is" without any warranties or endorsement. We are not liable for your use of any optional third-party tools. Any use of such tools is at your own risk.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. If you leave our Services to access third-party content, you do so at your own risk. Complaints regarding third-party products or services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
First Place Games is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with First Place Games. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and First Place Games. You expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with First Place Games.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK]. By using the Services, you acknowledge that you have read and agree to our Privacy Policy. Information submitted through the Services may be shared with Shopify and third-party service providers in order to fulfill your orders and provide the Services.
SECTION 11 - FEEDBACK
By submitting any feedback, reviews, suggestions, or other content to First Place Games, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for any purpose, including improving and promoting our Services.
You represent that you own or have rights to any feedback you submit, and that your feedback will not violate any third-party rights or these Terms. We are under no obligation to maintain confidentiality of, compensate you for, or respond to any feedback submitted.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and update information or cancel orders at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass or harm any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or spam; or (g) to engage in any conduct that restricts others' use or enjoyment of the Services.
You also agree not to: (a) upload malicious code or viruses; (b) reproduce or exploit any portion of the Services; (c) collect personal information of others; or (d) use automated tools, bots, or AI agents to access the Services without authorization. We reserve the right to suspend or terminate your account at any time for violations of these Terms.
SECTION 14 - AGENTS
This section applies if you use or enable any autonomous or semi-autonomous software ("Agent") to access or interact with the Services. No Agent may access the Services unless it identifies itself in all HTTP/HTTPS requests, does not conceal that interactions are automated, responds truthfully when asked if interactions are from a human or computer, and does not circumvent any access controls. We may limit Agent access by technical means at any time.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY FIRST PLACE GAMES, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, FIRST PLACE GAMES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless First Place Games, Shopify, and their respective affiliates, officers, directors, employees, and agents from any losses, damages, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or third-party rights, or (3) your use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. These Terms, together with any policies posted on our site, constitute the entire agreement between you and First Place Games regarding your use of the Services.
SECTION 21 - ASSIGNMENT
You may not assign or transfer these Terms or any of your rights without our prior written consent. We may transfer or assign these Terms without notice.
SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the state of Illinois, where First Place Games is headquartered. You and First Place Games consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
Section headings are for convenience only and do not limit or affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time. Changes will be posted to this page with an effective date. Your continued use of the Services following any changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
First Place Games support@firstplacegames.com