Terms and Conditions of Use


Last revised: April 7, 2016

These terms and conditions, including the Privacy Policy (https://hasbrogaminglab.com/privacy/) and the 2016 Challenge (the “Challenge”) Terms & Conditions (https://hasbrogaminglab.com/terms/), which are incorporated herein by this reference, (collectively, the “Terms of Use”) apply to your use of the Hasbro Gaming Lab website located at hasbrogaminglab.com (the “Site”). The Site is operated by Hasbro, Inc. As used in these Terms of Use, “you” and “your” refers to any user of the Site. “We”, “our” and “us” refers to Hasbro, Inc. and its affiliates and subsidiaries.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use this Site.

Legal notice: These Terms of Use form a binding contract between you and Hasbro, Inc. If you have any questions or concerns regarding these Terms of Use, you may contact Hasbro using the following contact information:

Hasbro, Inc.
Attention: Website Administrator/Hasbro Gaming Lab
1027 Newport Avenue
Pawtucket, RI 02861
(401) 548-7913
hasbrogaminglab@hasbro.com

Site Hosting Information:

WP Engine

504 Lavaca Street, Suite 1000
Austin, Texas 78701
United States

1-877-973-6446 /+1-512-827-3500 (International Inquiries)

We may change the provisions of these Terms of Use at any time and will indicate when changes have been made by noting the date of the revision at the top of these Terms of Use. If we make material changes to these Terms of Use, we will provide you with additional notice of such changes by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes on the Site. Your use of the Site, or any portion thereof, following the posting of such changes shall constitute your consent to such changes. We encourage you to review these Terms of Use whenever you access the Site to make sure that you understand our information collection, use and disclosure practices.

Consent to Information Collection and Transfer

By submitting your personal information when you register for the Site and/or upload a submission, you consent to the processing and transfer of your personal information in and to the United States and other countries (including countries that may provide a lower level of legal protection for your information) in the manner described in the Site’s Privacy Policy(https://hasbrogaminglab.com/privacy/). Additionally, if your submission is selected as a finalist, this information will be sent to Indiegogo Inc. (“Indiegogo”) in the United States so that they can help assist you in launching the campaign for your submission through their website. Please be aware that Indiegogo’s websites are not under Hasbro’s control, Hasbro is not responsible for the contents of such websites, and your use of such websites will be governed by Indiegogo’s terms of use and privacy policies. If you do not consent to the processing, transfer, and sharing of your personal information, do not use this Site.

Restrictions On Use of Site Content

Unless otherwise noted, all features and content on or relating to the Site, including without limitation information and other materials, trademarks, trade dress, logos, illustrations, layout and design, icons, images, artwork, graphics, photography, text, data, audio sound, software, and infrastructure, as well as the selection, assembly and arrangement thereof (collectively, “Site Content”) are owned by Hasbro or are licensed from third parties by Hasbro. The Site, in whole and in part, and all Site Content is protected by copyright, trademark, service mark, trade name and other proprietary rights, and all such rights are reserved. You may not access or use the Site, the Site Content, or any portion thereof, for any purpose other than the intended purpose. Your use of the Site, the Site Content, or any portion thereof, must strictly comply with these Terms of Use.

Submissions & Use of Materials

Any data, questions, comments, suggestions or the like regarding the Site or the Site Content shall be deemed to be non-confidential and Hasbro shall have no obligation of any kind with respect to such information unless stated otherwise at the point of submission.

You are solely responsible for the content of any comments you make. You agree that you will not submit any comments or engage in any conduct or activity while using the Site that would constitute Prohibited Conduct (as defined below).

Although Hasbro cannot monitor all content on Hasbro’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Hasbro may remove content of the Site if it becomes aware of, or determines in its sole and absolute discretion, any content on the Site may violate any applicable laws or regulations, including the rights of third parties, these Terms of Use, and/or for any other reason.  Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and/or submissions. You acknowledge and agree that neither Hasbro nor any of its affiliates shall assume or have any liability for any action or inaction by Hasbro with respect to any conduct within the Site or any communication or posting on the Site. Hasbro also reserves the right to disclose any information that Hasbro believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

 

Hasbro prohibits you from using the Site to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

 

Notice and Procedure for Making Claims of Copyright Infringement 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Hasbro’s designated agent.  To provide such notification for the Site, please contact us at Hasbrogaminglab@hasbro.com.

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We may give notice to our users by means of a general notice on any of our websites (including the Site), electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

Take Down Procedure for French Visitors to the Site

Notifications of claimed copyright infringement must be sent to Hasbro’s designated agent.  To provide such notification for the Site, please contact us at Hasbrogaminglab@hasbro.com.

in accordance with article 6.I.5 of the Act for Trust in the Digital Economy (loi pour la confiance dans l’économie numérique) dated 21 June 2004 (“LCEN”), if you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site or would like to notify any illicit content, then you may send us a your written notice that includes all of the following (a “LCEN Notice”):

  1. date of your notification;
  2. your identification information (if you are an individual: your name, occupation, address, nationality, date and place of birth; if you act for a legal entity: its form, corporate name, registered office address and its representative body);
  3. corporate name and registered office’s address of our relevant entity to which your notification is sent;
  4. description of the alleged illicit content and its exact location our Sites by providing the exact URL;
  5. reasons why the content should be removed, including references to both legal and factual justifications;
  6. a copy of the correspondence sent to the author or publisher of the litigious information or activities requiring their interruption, withdrawal or modification (or the reason why the author or publisher could not be contacted).

Prohibited Conduct

When using the Site, you may not engage in the following “Prohibited Conduct”:

  • Reproduce, retransmit, publish, display, distribute, disseminate, sell, license, sublicense, transfer, rent, lease, broadcast, timeshare, loan, disclose or otherwise make available the Site, the Site Content, or any part thereof, to any third party;
  • Modify, translate, adapt, alter, reverse engineer or create derivative works based upon the Site, the Site Content, or any part thereof;
  • Post or communicate any material that violates the privacy or publicity rights of another individual, or post, communicate or collect information about other individuals, including personal information and images, without their consent;
  • Post or communicate any material that would violate any patent, trademark, trade secret, copyright, intellectual property right, or any other right of any entity or individual. Before posting or quoting any content that is owned or protected by a third party under intellectual property laws, a user must obtain all necessary consents or permissions from the owner of the protected content;
  • Post or communicate any material that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
  • Post material or use the Site to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis prohibited by applicable law;
  • Post or transmit materials that contain viruses, malicious code, corrupted files or that may damage the operation of the Site or engage in any activity that circumvents any security features or otherwise interferes with or disrupts any features of the Site, which includes, but is not limited to the use of web robots, crawlers, wanderers and spiders;
  • Advertise, solicit or offer to sell or buy any goods or services for any business or commercial purpose or disparage the product or services of any third party;
  • Impersonate any person, business or entity, including Hasbro and its employees and agents, or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including Hasbro;
  • Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, phishing or unsolicited mass communication distribution;
  • Remove any proprietary notices, labels, trademarks or service marks on the Site or any part thereof; and/or
  • Violate any applicable laws or regulations or promote or encourage illegal activity or for anything else Hasbro deems to be offensive or inappropriate in its sole discretion.

Limited Site Operation and Future Changes

This Site will only be operational for a limited period of time as determined by us in our sole and absolute discretion. If, in our sole and absolute discretion, we decide to: (a) prohibit access to the Site on a wholesale basis; and/or (b) shut down, delete or remove the entire Site; and/or (c) make material changes to the Site as a whole, we will use reasonable efforts to notify the user community in these Terms of Use, subject to the following sentences. No advance notice will be given for any changes, including material changes that we determine in our sole and absolute discretion should be made without notice (e.g. in case of a threat to the integrity of our network or computer system, virus, business necessity in Hasbro’s sole and absolute discretion etc.). You will not receive any individual notices, so please check the Site and this Terms of Use from time to time so that you are aware of any updates or modifications made to it. Hasbro makes no promise of continued or uninterrupted access or use of the Site. Hasbro has the right in its sole discretion to temporarily suspend availability of the Site.

User Accounts and Security

To obtain access to certain services on the Site, including to upload a submission in the Challenge, you may be given an opportunity to register with the Site. As part of any such registration process, you may be required to select a user name and a password. You agree that the information you supply during that registration process will be true, accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Hasbro considers to be offensive. Hasbro reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and will notify Hasbro of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Hasbro immediately. Hasbro reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Hasbro if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting us at Hasbrogaminglab@hasbro.com.

Disclaimers and Limitation of Liability

EXCEPT WHERE PROHIBITED OR RESTRICTED BY LAW, THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HASBRO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

EXCEPT WHERE PROHIBITED OR RESTRICTED BY LAW, IN NO EVENT SHALL HASBRO, INC., AND ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES, BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SITE OR THE CONTENT ACCESSIBLE THROUGH THE SITE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF US OR THE SITE OR THE CONTENT ACCESSIBLE THROUGH THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. YOU AGREE THAT THE LIABILITY OF HASBRO, INC., AND EACH OF ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS (U.S. $50.00).

Indemnity

EXCEPT WHERE PROHIBITED OR RESTRICTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HASBRO, INC., AND EACH OF ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIMS ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THE SITE. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Links to Other Web Sites

The Site may contain links to third party websites, and your use of such sites will be governed by the terms of use and privacy polices of their owners and operators (“Linked Sites”). Linked Sites are not under our control and we are not responsible for the contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.

Linking

Creating or maintaining any link from another website to any page on this Site without Hasbro’s prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website without Hasbro’s prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

No Soliciting

You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind by any means, without our express written approval, which approval may be provided in the Challenge Terms & Conditions or these Terms of Use.

No Spamming, Spimming, or Scraping

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.  Further, you may not use technology or otherwise take any steps that circumvent or modify, or attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; or involves any use of data mining, robots, spiders or similar data gathering and extraction tools.

No Framing

Without the prior written permission of Hasbro, you may not frame, or make it appear that a third-party site is presenting or endorsing the Site or any of the Site Content, or incorporate any intellectual property of the Site, Hasbro or any of its licensors into another website or other service.

Termination

This Terms of Use agreement is effective unless and until terminated by either you or us. You may terminate this Terms of Use agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this Terms of Use agreement. We may terminate this Terms of Use agreement at any time and without notice, and accordingly deny you access to this Site, in our sole discretion for any reason, including your failure to comply with any term or provision of this Terms of Use agreement. Upon any termination of this Terms of Use agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Terms of Use agreement or otherwise.

Governing Law; Class Action Waiver

This Site is subject solely to the applicable federal, state and local laws of the United States; provided, however, that except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Site or the Challenge conducted through the Site shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state courts located in the Pawtucket, Rhode Island area; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of you and Hasbro in connection with the Site, shall be governed by, and construed in accordance with, the laws of the State of Rhode Island without giving effect to any choice of law or conflict of law rules (whether of the State of Rhode Island or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Rhode Island.

General Provisions

This Terms of Use agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this Terms of Use agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect to the full extent permissible by law. Any single or past waiver is not to be construed as a future waiver.