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TERMS OF USE

LAST UPDATED: September 1, 2021

IMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, “MEEPLE PRODUCTS” OR “PRODUCTS”) OF INVENTERPRISING PTY LTD TRADING AS MEEPLE.COM AND ITS AFFILIATES (“MEEPLE”, “WE”, “US”, OR “OUR”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE “CONTINUE” BUTTON/BOX, ACCESSING THE MEEPLE WEBSITE OR BY UTILIZING MEEPLE PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND INCORPORATED POLICIES (THE “AGREEMENT”, "TERMS" OR “TOU”). MEEPLE PRODUCTS ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF USE.

Meeple will provide the Products, and You may access and use the Products, in accordance with these Terms. Meeple may provide any of the Products hereunder through Affiliates.

System Requirements. Use of the Products requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. As the use of the Products involves hardware, software, and Internet access, Your ability to access and use the Products may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

  1. DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa.

    “Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.

    “Event” means events, performances, gatherings, collaborative exercises or similar functions, or a series thereof that is listed on, organized through, or hosted on Meeple. An Event may be online or offline. Online Events may be hosted on a third-party service not associated with Meeple.

    “Host” means an individual or an organization that is granted the use of Event organisation, Offering and Fee collection (defined below) and hosting functions on the Products by Meeple. A Host account may not be shared or used by anyone other than the individual or organization assigned to be a Host.

    “Participant” means an individual or an organization, other than a Host, who accesses or uses the Products.

    “User” means a Host or Participant who uses the Products.

    “Content” means all content, including but not limited to information, text, data, images, video, audio, material, and/or graphics, set forth on or distributed through Meeple by a User, including Event listings and live audiovisual Events.

    “Pledge”, “Pledging” or “Pledges” mean the act of indicating an intent to pay a Fee or Offering (defined below) to a Host by another User. It is not an enforceable legally binding commitment. A Pledge is made when a User accepts an invitation to or applies for an Event requiring a Fee (where that application is subsequently approved by the Host), or chooses to make an Offering to one or more Hosts of an Event.

    “Offering” is a type of Pledge made to one or more Hosts of an Event where the amount of that Pledge is specified by the User making the Pledge.

    “Fee” is a type of Pledge where a User applying for or accepting an invitation to an event automatically pledges an amount set in advance by the Host.

  2. MODIFICATION OF TERMS. Meeple may modify these Terms at any time at its sole discretion. When we make changes to these Terms, we will post a link to the revised Terms on Meeple.com and update the “Last Updated” date at the top of these Terms. If we make material changes to these Terms, we will notify You and the revised terms will come into effect ten (10) days after the “Last Updated” date unless we state otherwise in writing. If You disagree with the revised Terms, You should discontinue using the Products. Any continued access to or use of the Products after the date the revised Terms come into effect will constitute Your acceptance of the revised Terms.
  3. SERVICES. Meeple allows for Hosts to create, organize, host, receive Offerings and Fees for, promote, manage, and list Events for Participants. Meeple allows for Participants to apply for, register for, make Offerings and pay Fees for, and participate in Events.

    1. Updates, Modifications and Discontinuation. Meeple will provide the Products, and standard updates to the Products that are made generally available by Meeple to the User. Meeple may, in its sole discretion, discontinue the Products or any portion or feature thereof, or modify the features of the Products from time to time without prior notice.
    2. No Guarantee of Availability. Notwithstanding anything to the contrary in any other agreement between You and Meeple, Meeple does not guarantee or warrant the uninterrupted availability or accessibility of the Products. Meeple may restrict the availability of all or part of the Products or certain features thereof without notice at any time and for any reason, including to protect the security or integrity of Meeple, our servers, or to carry out maintenance for Meeple. The Products (and certain features thereof) may not be available in some countries and Meeple reserves the right to restrict access based on region.
    3. Beta Features and Services. Meeple may, from time to time, offer access to features and services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Meeple makes no representations that a Beta version will be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.
    4. Third-Party Services and Links. Meeple enables integration with Third-Party Services, including but not limited to video conferencing and streaming platforms. Meeple may also contain links to websites and resources provided by Third-Party Services. Such Third-Party Services may be subject to different terms and conditions, and privacy practices. Meeple is not responsible or liable for the availability or accuracy of such Third-Party Services, the content, products, or services available from such Third-Party Services, or their privacy practices. Integration with, or links to such Third-Party Services are not an endorsement by Meeple of such Third-Party Services and use of such Third-Party Services is at Your own risk.
  4. USE OF PRODUCTS AND YOUR RESPONSIBILITIES. You may only use the Products pursuant to these Terms. You are solely responsible for Your use of the Products and shall abide by, and ensure compliance with, all Laws in connection with Your use of the Products, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Products is void where prohibited.

    1. Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Products. You agree that any such information shall be accurate. You may also be asked to choose a password. You are entirely responsible for maintaining the security of Your password and agree not to disclose it to any third-party.
    2. Your Content. You agree that You are solely responsible for the Content sent or transmitted by You or displayed or uploaded by You in using the Products and for compliance with all Laws pertaining to the Content, including but not limited to, Laws requiring You to obtain the consent of a third-party to use the Content and to provide appropriate notices of third-party rights. You represent and warrant that You have the right to upload the Content to Meeple and that such use does not violate or infringe on any rights of any third-party. Meeple will not be liable in any way for any (a) Content that is transmitted or viewed while using the Products, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Meeple is not responsible for any Content, Meeple may delete any Content, at any time without notice to You, if Meeple becomes aware that it violates any provision of these Terms, or any law. Meeple may access, view or process Content in order to provide, maintain and improve the Products, or to ensure that Content and the use of the Products are consistent with these Terms and the Meeple Privacy Statement.
    3. License. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Products. Notwithstanding anything to the contrary in these Terms or any other agreement between You and Meeple, by creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through the Products, You grant to Meeple a non-exclusive, worldwide, royalty-free, and irrevocable license to access, moderate, remove, edit, analyze, store, copy, reproduce, distribute, publish, transmit, stream, broadcast, and otherwise use such Content to provide the Products in a manner consistent with these Terms and the Meeple Privacy Statement.
    4. Recordings. You are responsible for compliance with all recording laws. The Host of an Event can choose to record the Event. By using the Products, You are giving Meeple consent to store recordings for any or all Meeple Events that You join, whether they are stored on our systems or by third parties of our choosing. You will receive a notification (visual, audio or otherwise) when recording is enabled. If You do not consent to being recorded, You may choose to leave the Event.
    5. Prohibited Use. You agree that You will not use, and will not permit any User to use, the Products to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Products; (ii) knowingly or negligently engage in any activity or use the Products in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Products, or any servers or networks connected to the Products or Meeple’s security systems; (iii) use the Products in a way that is illegal, deceptive, fraudulent, false, or misleading, or engage in or help fund activity that is illegal, deceptive, fraudulent, false, or misleading; (iv) transmit through the Products any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Products; (vi) use the Products to communicate any message or material that is harassing, libelous, threatening, obscene, or indecent, or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Products in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Meeple or other users of the Products; (viii) copy, retain, or otherwise access or use any information, including personal data about any other User in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties, or applicable law; (ix) infringe, disparage, dilute, tarnish or otherwise harm Meeple or any associated brand in any way; (x) scrape, crawl, or use other automated or manual means or processes to access or collect data or other content from Meeple; or (xi) use the Products in violation of any Meeple policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
    6. Reporting User Content. You acknowledge that Users may report inappropriate behaviour, including in relation to Events, to Meeple and that in so doing, Users may take screenshots or recordings of any activity they can see during Events and submit them to Meeple. Meeple reserves the right, but not the obligation, to monitor and review Event listings and other Content, as well as any User reports of inappropriate behaviour during Events, to ensure compliance with these Terms, the law, and to protect against harm to the safety, rights or property of Users, Meeple, or others. If You become aware of any Content that breaches these Terms or applicable law, please contact Meeple, providing Your full name and address, along with details of: (1) the date and time the Content was posted on our platform; (2) name of the associated Event; (3) displayed name of the person who posted it; (4) reasons why the Content should be deleted, including supportive evidence; and (5) copies of any communication with the person who posted it (if any).
    7. Your Responsibility for Bystanders. Before using the Products, where an Event involves online audiovisual interaction, You are responsible for telling anyone within range of Your device’s camera or microphone, including members of Your household and guests, that they may be seen and heard by Users and others at their location. If You permit anyone to be within range of Your device’s camera or microphone during such an Event, You consent on their behalf, to the fullest extent permitted by law, to these Terms and the Meeple Privacy Statement.
    8. Limitations on Use. You may not reproduce, resell, or distribute the Products or any reports or data generated by the Products for any purpose unless You have been specifically permitted to do so under a separate agreement with Meeple. You may not offer or enable any third parties to use the Products purchased by You, display on any website or otherwise publish the Products or any Content obtained from the Products (other than Content created by You) or use the Products for the development, production or marketing of a service or product substantially similar to the Products.
    9. Investigations. Notwithstanding anything to the contrary in any other agreement between You and Meeple, Meeple further reserves the right to disclose any such Content and other information to law enforcement or other governmental agencies as we believe reasonably necessary. You also agree to provide Meeple with such cooperation and information and take such actions Meeple may reasonably request relating to any investigation undertaken by Meeple or its representatives regarding the use of the Products or compliance with these Terms.
  5. EVENT RESPONSIBILITY. Hosts are solely responsible for their Events and Event listings, including providing relevant Participants with support for their Events. This includes, but is not limited to, providing complete and accurate information about the Event and disclosing any restrictions and requirements that may apply (such as prior knowledge, qualifications, proficiency, equipment, fitness requirements, etc.). A User is invited to an Event either directly within Meeple or through a shareable Event Invitation link (“Invitation Link”) that directs whoever has that link to a unique invitation webpage where the invitation can be accepted. You acknowledge that You may receive Event invitations and other communication from a User via the Products once You apply for or accept an invitation to any Event that includes that User as a Host. You can turn off invitations from a Host by opting to unfollow them. You acknowledge that You will comply with any instructions by the Event Host on whether You may share an Invitation Link with anyone else. All Users acknowledge that being invited to, or being registered for an Event does not result in the User and the Host entering into a contract for the delivery of the Event, regardless of whether any Pledge or payment of Pledge has been made relating to that Event. Hosts are not obligated to ensure a listed Event takes place, and these Events may be modified, rescheduled or canceled at any time, with or without notifying invited or registered Users. You also acknowledge that Meeple is not and does not become a party to or participant in a contractual relationship between Users, and Meeple is not acting as an agent for any User. You acknowledge and agree that Meeple is not obliged to mediate any disputes between a Host and any other User, or between Users in general. You may lodge complaints regarding the modification, rescheduling, cancellation or any other aspect of the handling of an Event by a Host to contact@meeple.com.
  6. PLEDGES, FEES AND OFFERINGS. You acknowledge that the payment of any Pledges of Fees and Offerings on Meeple is voluntary, and as such, Hosts accept that any Pledge they receive is an indication of intent by a User and not a legally binding enforceable commitment. Participants may choose to cancel a Pledge before, during or after the associated Event has taken place, regardless of whether they attend the Event or not. Users acknowledge and accept that Meeple has no obligation to seek unpaid Fees or Offerings Pledged by Participants on behalf of Hosts. Hosts agree that they will not harass any User for unpaid Fees or Offerings Pledged by the User. Users are responsible for compliance with any laws in their jurisdiction that are applicable to payments or indications of intent to make payments relating to Events, and Meeple will have no liability for any loss suffered by any person arising from the application of such laws.

    1. Event Fees and Multi-Currency. The Fee specified by a Host is presented to each User in the currency chosen by the User. Where the currency used by the Host to specify the Fee does not match a User’s chosen currency, the exchange rate applied to present the Fee to the User is determined by Meeple using available market exchange rate data. While Meeple will check market exchange rate data on a regular basis, Meeple makes no guarantee that the exchange rate, including at the time of any User making a Fee or Offering Pledge, will match the prevailing market rate at that time. The amount that a User will be deemed to have Pledged as Fee will be the amount specified in that User’s chosen currency as presented to them on Meeple at the time at which they accept an Event invitation or apply for an Event (where that application is subsequently approved by the Host). Users acknowledge and accept that due to exchange rate fluctuations during the time between when a Fee or Offering Pledge is made and when the Pledged amount is paid, the value of the amount paid by the User will generally not match the Fee specified by the Host converted into the User’s chosen currency at the time of payment. Hosts acknowledge that any changes they make to an Event Fee after a User has made a Fee Pledge will not affect the amount or currency of that Pledge.
  7. PAYMENTS. You consent to Meeple initiating payments on Your behalf charging Your credit card or other payment method selected by You. The amount of each payment will be determined by which Pledged amounts You choose to include in the payment. You may be charged additional fees by Your financial institutions and Your credit or debit card issuing companies. Reasons for such fees may include but are not limited to the currency with which You choose to pay differing from Your credit card currency, or if the country in which Your credit card is issued is different to Meeple’s location (Australia), regardless of the currency used. You acknowledge that payment processing and funds transfer fees charged by third-party providers of such services, including any taxes withheld or collected from the payments through those processes, as well as any fees charged by Meeple will be deducted from payments made by Users and will reduce the amount Hosts receive as Payout.

    1. Third-Party Payment Processing and Funds Transfer. Payment processing and funds transfers for Meeple will be performed by one or more third-party services. Meeple is not responsible or liable for performance of these services or any actions taken by them including without limitation, declining Your transaction, holding Your funds, or requesting additional information from You. You accept that Meeple will provide these services with the information about You or provided by You that they require to be able to process payments or transfer funds. The exchange rate used by the third-party services for any currency conversion required for a payment will be at their discretion, and Meeple makes no representation that this will match prevailing market exchange rates or any exchange rates used by Meeple to convert Fee amounts between currencies to be displayed to Users in the Products. The third-party services may also apply currency conversion fees which may be included as a mark up in the currency exchange rate used by them or be charged as a separate fee. Hosts agree to reimburse Meeple for any expenses incurred by us due to legal issues relating to Your Events or refunds claimed by any User relating to Your Events. In order to collect this reimbursement, You agree that Meeple may draw on any Payout amount available to You, either in part or full, or charge to Your credit card or other payment mechanism selected by You, and that You will follow Meeple’s instructions on how to reimburse Meeple for any remaining amounts. You agree that Meeple may take any other steps it deems necessary to collect such reimbursement from You and that You will be responsible for all costs and expenses incurred by Meeple in connection with such collection activity, including collection fees, court costs and fees associated with legal services. You further agree that Meeple may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
    2. Taxes. Meeple will deduct any required transaction-based taxes or fees that are required to be collected by us from the amount available for Payout to a Host and remit to any taxing or regulatory authorities, consistent with applicable law.
    3. Payment limits. Each payment must be at least one Australian dollar (AUD $1) and no greater than one thousand Australian dollars (AUD $1000) or their equivalent in another currency.
  8. PLATFORM FEE. Unless otherwise agreed in writing by Meeple, Meeple charges a platform fee of 5% of the value of payments made by Users. You acknowledge and accept that Meeple may change the fee, the overall model used to charge for the Products, or any aspect of the fee charging model at any time.
  9. MEEPLE OBLIGATIONS FOR CONTENT. Meeple will notify You if it becomes aware of unauthorized access to Content. Meeple will not access, view or process Content except (a) as provided for in this Agreement and in Meeple’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Meeple has no other obligations with respect to Content.
  10. ELIGIBILITY. You affirm that You are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Meeple is not intended for use by individuals under the age of 18. Your access may be terminated without warning if we believe that You are under the age of 18 or are otherwise ineligible.
  11. TERMINATION. You may terminate Your account by contacting Meeple through the ‘Get in touch’ functionality in the Products and specifying that You wish to terminate Your account. The termination will be effective within three business days of You selecting to terminate Your account. To the fullest extent permitted by applicable law, Meeple may suspend, limit, or terminate Your access to or use of the Products at any time, with or without notice, liability, or other obligation to You, including but not limited to, if we reasonably suspect that You may have violated these Terms or other rules and policies set forth on or applicable to the Products. Further, Meeple is entitled to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, disclaimers and indemnification. Upon any termination of this Agreement, You must cease any further use of the Products. If at any time You are not happy with the Products, Your sole remedy is to cease using the Products and follow this termination process.
  12. PROPRIETARY RIGHTS. Meeple and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Products and in all trade names, trademarks, service marks, logos, and domain names (“Meeple Marks”) associated or displayed with the Products. You may not frame or utilize framing techniques to enclose any Meeple Marks, or other proprietary information (including images, text, page layout, or form) of Meeple without express written consent. You may not use any meta tags or any other “hidden text” utilizing Meeple Marks without Meeple’s express written consent.
  13. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Meeple may deny access to the Products to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright or trademark has been infringed, please notify Meeple at contact@meeple.com.
  14. EXPORT RESTRICTIONS AND FINANCIAL SANCTIONS. You acknowledge that the Products, or a portion thereof, may be subject to applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). You may not access, use, export, re-export, divert, transfer or disclose any portion of the Products or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) You (a) are not citizens of, or located within, a country or territory that is subject to Australian trade sanctions or other significant trade restrictions and that You will not access or use the Products, or export, re-export, divert, or transfer the Products, in or to such countries or territories; (b) are not persons and entities who are subject to financial sanctions under Australian sanctions law; (ii) no Content created or submitted by You or Your Users is subject to any restriction on disclosure, transfer, download, export or re-export under Export Control and Sanctions Laws; and (iv) You will not take any action that would constitute a violation of, or be penalized under, any Australian Commonwealth or State laws, or the laws of the jurisdictions in which You reside. You are solely responsible for complying with Export Control and Sanctions Laws and monitoring them for any modifications.
  15. NO HIGH RISK USE. The Products are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Products shall not be used for or in any HIGH RISK environment.
  16. INJUNCTIVE RELIEF. You acknowledge that any use of the Products contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Products, may cause irreparable injury to Meeple, its Affiliates, suppliers and any other party authorized by Meeple to resell, distribute, or promote the Products (“Resellers”), and under such circumstances Meeple, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
  17. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED “AS IS” AND MEEPLE, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MEEPLE, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE PRODUCTS IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE PRODUCTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS REMAINS WITH YOU. MEEPLE DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. MEEPLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PRODUCTS. USE IS AT YOUR OWN RISK.
  18. DISCLAIMERS REGARDING EVENTS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE (TO US AND TO OTHERS) FOR YOUR ACTIVITY DURING AND RELATING TO EVENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR PARTICIPATION IN ANY EVENT IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO ANY USER CONTENT OR EVENTS. YOU ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE BACKGROUND OR QUALIFICATIONS OF ANY HOST OR PARTICIPANT AND THAT WE DO NOT GUARANTEE ANY EVENT WILL MEET YOUR EXPECTATIONS OR CONFORM TO ITS DESCRIPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEEPLE OR ITS AFFILIATES BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY THIRD PARTY WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF, OR PARTICIPATION IN AN EVENT. YOU ACKNOWLEDGE THAT SOME EVENTS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH EVENTS, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ACKNOWLEDGE THAT SOME EVENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, DAMAGE TO TANGIBLE PROPERTY, EMOTIONAL DISTRESS OR DEATH AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EVENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR PARTICIPATION IN ANY EVENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEEPLE OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CIVIL LIABILITY OR OTHERWISE, FOR ILLNESS, BODILY INJURY, DISABILITY, DAMAGE TO TANGIBLE PROPERTY, EMOTIONAL DISTRESS OR DEATH THAT ARISES IN CONNECTION WITH YOUR PARTICIPATION IN AN EVENT.
  19. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Meeple, its Affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of the Products, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
  20. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEEPLE OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF MEEPLE, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MEEPLE’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
  21. WAIVER OF CLASS ACTION. If You are located in a jurisdiction that allows for such a waiver, You agree to expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
  22. PRIVACY AND OTHER POLICIES. Use of the Products is also subject to Meeple’s Privacy Statement, a link to which can be found by selecting the “Privacy” link on Meeple’s website. The Privacy Statement is incorporated into this Agreement by this reference. Additionally, You understand and agree that Meeple may contact You via email or otherwise with information relevant to Your use of the Products, regardless of whether You have opted out of receiving marketing communications or notices. You agree that Your use of Meeple will comply with all applicable data protection and privacy laws and regulations. You acknowledge and agree that You are solely responsible for any personal information You share with Hosts and other Users, including attending recorded Events, and that Meeple is not liable for any consequences arising from You sharing personal information with Hosts and other Users.
  23. FEEDBACK. We welcome and encourage feedback and suggestions (“Feedback”) for the Products. Any Feedback You provide will be considered non-confidential and You hereby grant to Meeple a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, non-exclusive license to use and/or incorporate such Feedback into any Meeple product or service at any time.
  24. MISCELLANEOUS

    1. Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the Commonwealth of Australia, and the State of Queensland, Australia, as applied to agreements entered into and to be performed in Queensland by Queensland residents.
    2. Waiver and Severability. Failure by Meeple to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
    3. General Provisions. This Agreement embodies the entire understanding and agreement between You and Meeple respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements respecting such subject matter, except that if You have executed a separate written agreement with Meeple governing Your use of the Products, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. Notwithstanding anything to the contrary in any other agreement between You and Meeple, You may not assign these Terms without Meeple’s prior written consent. Meeple may assign or transfer these Terms, at its sole discretion, without restriction. Except as expressly stated herein, these Terms shall not confer any rights or remedies upon any third party. In order to participate in certain services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
    4. Contact Us. For questions, You may contact us at: contact@meeple.com