Effective Date: 29th August 2023
Welcome to BattleBuilder Ltd! Before using our website and making purchases, please review the following terms and conditions. These terms and conditions constitute a legally binding agreement between you (referred to as "user," "you," or "your") and BattleBuilder Ltd (referred to as "BattleBuilder Ltd," "we," "us," or "our"). By accessing our website and engaging in transactions with us, you agree to these terms. For any questions, contact us at admin@battlebuilder.net.
1. Definitions
• "BattleBuilder Ltd," "we," "us," or "our" refers to BattleBuilder Ltd, a company registered at BattleBuilder Ltd, 25 Greenhill Gardens, Guildford, Surrey, GU4 7HH.
• "Website" refers to battlebuilder.net, owned and operated by BattleBuilder Ltd.
• "Products" include digital downloads and 3D printed accessories for tabletop miniatures.
• "Customisation App" refers to the tool that allows users to personalise nameplates for tabletop miniatures.
2. Products and Services
• We offer a range of 3D, resin printed, accessories for tabletop miniatures.
• Users can customise nameplates by selecting styles, entering text, and specifying fonts via the customisation App.
3. Delivery
• Physical orders will be shipped to the address provided during checkout using various delivery providers.
• Estimated delivery times and shipping options are specified at the checkout and are subject to change based on the delivery provider's terms and conditions.
• BattleBuilder Ltd is not responsible for any damages, losses, or delays that may occur during transit, as these matters are governed by the delivery provider's policies and terms.
• Users understand that any claims for damages, losses, or delays should be directed to the delivery provider in accordance with their procedures.
• Users are encouraged to review the terms and conditions of the chosen delivery provider for further information.
• If the chosen shipping option includes tracking, users will receive a tracking number via the email address provided at checkout. The availability of tracking depends on the chosen delivery provider and shipping method.
• Users are responsible for providing accurate and complete shipping information during the checkout process. BattleBuilder Ltd is not liable for misdelivery or non-delivery of orders due to inaccurate or incomplete address information provided by the user.
• Shipping fees are listed in GBP (British Pounds) and will be added to the total order amount at checkout.
• For international orders, shipping charges will be determined by the carrier based on the destination and weight of the package. Users acknowledge that international shipping fees are subject to the carrier's rates and may vary accordingly.
4. Returns and Refunds
• Refer to our Returns Policy for information on returning customised products.
• Users are encouraged to familiarize themselves with the procedures outlined in the Returns to understand the steps involved in returning customised products and requesting refunds.
5. Intellectual Property
• All intellectual property rights and materials on the BattleBuilder Ltd website, including but not limited to text, images, designs, graphics, logos, icons, software, and audio/video content, are owned by BattleBuilder Ltd unless otherwise stated.
• Users are granted a limited, non-exclusive, and non-transferable license to use these materials for personal, non-commercial purposes.
• Any unauthorized use, reproduction, distribution, or modification of these materials is prohibited and may violate copyright and other applicable laws.
6. Privacy Policy
• Our Privacy Policy outlines data collection, usage, and protection practices.
7. User Accounts
• User accounts for the BattleBuilder Ltd website are managed and provided by Shopify, our hosting platform and e-commerce provider.
• Users acknowledge that any user accounts created or accessed for the purpose of making purchases or engaging with our website are subject to Shopify's terms of use, privacy policy, and data handling practices.
• For inquiries or concerns related to user accounts, including account creation, login, and security, users should contact Shopify's customer support or refer to Shopify's policies and guidelines.
8. Prohibited Activities
• Users are strictly prohibited from using the text entry field in the Customization App to generate designs that promote hate speech, discrimination, harm to individuals or groups, or any content that violates applicable laws, regulations, or ethical standards.
• Designs that include, but are not limited to, hate speech, offensive language, discriminatory symbols, or any content that advocates violence or harm towards specific individuals or communities will not be tolerated.
• BattleBuilder Ltd reserves the right to refuse the creation of designs that fall under these prohibited categories, and to suspend or terminate the user's access to the Customization App and our services for violation of this policy.
• Users are responsible for ensuring that the content they input into the text entry field adheres to these guidelines and complies with our commitment to fostering a respectful and inclusive environment for all users.
9. Limitation of Liability
• BattleBuilder Ltd shall not be liable for any inaccuracies, technical issues, interruptions, or unforeseen circumstances that may arise in connection with the use of our website, Customisation App or services.
• To the fullest extent permitted by law, BattleBuilder Ltd shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any other damages whatsoever, arising out of or in connection with the use of our products, services, or website.
• These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BattleBuilder Ltd has been advised of the possibility of such damages.
• Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, or for fraud.
• Users use products and services at their own risk.
10. Indemnification
• Users agree to indemnify and hold BattleBuilder Ltd, its affiliates, partners, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising from or in connection with any breach of these terms, misuse of products or services, violation of applicable laws, or infringement of third-party rights.
• In the event that BattleBuilder Ltd incurs legal costs, expenses, or damages due to a user's violation of these terms, the user agrees to bear the responsibility for such costs and to promptly reimburse BattleBuilder Ltd for any expenses incurred in defending against such claims.
11. Modifications and Termination
• BattleBuilder Ltd reserves the right to modify or update these terms and conditions at any time, and such modifications will be effective upon posting on our website. Users are encouraged to review the terms periodically to stay informed of any changes. Significant modifications will be communicated to users with reasonable notice before they come into effect.
• BattleBuilder Ltd may, at its sole discretion, terminate or suspend a user's account or access to the website and services, with or without cause, and with or without notice. Circumstances that may lead to termination or suspension include, but are not limited to, violations of these terms, abusive or inappropriate behavior, or activities that may harm or disrupt the functioning of our website or services.
• Users acknowledge that BattleBuilder Ltd shall not be liable to them or any third party for any termination or suspension of account or access.
12. Governing Law and Jurisdiction
• These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
• Any disputes, claims, or controversies arising from or related to these terms, your use of our website, or your transactions with us will be subject to the exclusive jurisdiction of the courts of England and Wales.
• BattleBuilder Ltd and users agree that, if applicable and prior to initiating any litigation, they will first attempt to resolve any disputes through alternative dispute resolution methods, such as mediation or arbitration. Both parties acknowledge that engaging in these methods may help to achieve a timely and cost-effective resolution.
13. International Users
• If you are accessing our website from outside the United Kingdom, you are responsible for complying with local laws in your jurisdiction.
• By using our website and making purchases, you agree to abide by these terms and consent to the transfer of your personal information to the United Kingdom and other jurisdictions as necessary for our services.
14. Protection of Customisation App Code
• The Customisation App and the underlying configurator code are proprietary and confidential to BattleBuilder Ltd.
• Users acknowledge that the Customisation App and its code are protected by intellectual property laws, including copyright and trade secrets.
• Users agree not to engage in any of the following prohibited activities:
• Reverse engineering, decompiling, or disassembling the Customisation App or any related software.
• Attempting to derive the source code of the Customisation App or any related software.
• Using, modifying, copying, or distributing the configurator code for any purpose without explicit written permission from BattleBuilder Ltd.
• Violation of this protection may result in legal actions in accordance with UK laws and international intellectual property treaties.
• BattleBuilder Ltd reserves the right to seek injunctive relief, damages, and legal fees in response to violations of this protection.
• Users are reminded that unauthorized use, reproduction, distribution, or modification of the Customisation App code may lead to legal consequences.
15. Use of Third-Party Assets and Open-Source Code Libraries
• Our Customization App may use third-party assets, including fonts provided by Google Fonts, and components from third-party open-source code libraries to render text on nameplates and enhance functionality.
• Users agree to abide by the terms and conditions set forth by the respective third parties when using these assets and libraries.
• The BattleBuilder Ltd Customization App may include components that utilize third-party, open-source code libraries including but not limited to HammerJS and Three.js, in the development of its website, applications, and services.
• Users understand that the use of such libraries is in accordance with their respective licenses.
• BattleBuilder Ltd acknowledges the contributions of the open-source community and is committed to complying with open-source licenses.
• Any obligations or responsibilities arising from the use of third-party, open-source code libraries are governed by the terms of those licenses.
16. Unintentional Resemblance and Intellectual Property Claims
• BattleBuilder Ltd respects the intellectual property rights of others and makes every effort to create original and unique designs.
• We acknowledge that similarities between our designs and those of competitors or ideas in the public domain may occur coincidentally.
• Users understand that such coincidental resemblance does not constitute intellectual property infringement or theft of ideas.
• Any claims related to intellectual property infringement, including those regarding unintentional resemblance, should be directed to admin@battlebuilder.net.
• BattleBuilder Ltd will respond to claims in accordance with applicable laws and regulations.
• BattleBuilder Ltd reserves the right to refuse the creation of designs that may raise concerns about intellectual property infringement.
17. Use of Cookies
• BattleBuilder Ltd is hosted on the Shopify platform, which may employ the use of cookies and similar tracking technologies to enhance user experience and collect data for analytical purposes.
• Users acknowledge that cookies used on this website are subject to Shopify's policies and practices.
• For more information about cookies used on this website and how they may impact your privacy, please refer to Shopify's Privacy Policy and Cookie Policy.
18. Ownership of Intellectual Property Rights
• All intellectual property rights and materials on the BattleBuilder Ltd website, including but not limited to text, images, designs, graphics, logos, icons, 3D models, software, and audio/video content, are owned by BattleBuilder Ltd unless otherwise stated.
• Users are granted a limited, non-exclusive, and non-transferable license to use these materials for personal, non-commercial purposes.
• Any unauthorized use, reproduction, distribution, or modification of these materials is prohibited and may violate copyright and other applicable laws.
19. External Links and Linking Requests
• BattleBuilder Ltd may include links to third-party websites for informational or reference purposes. We do not endorse or have control over the content, policies, or practices of these external websites.
• Users understand that clicking on external links is at their own risk, and BattleBuilder Ltd is not responsible for any damages or issues arising from interactions with third-party websites.
20. Linking Requests
• BattleBuilder Ltd reserves the right to refuse or discontinue links to our website from any other website at our sole discretion.
• Individuals or entities seeking to link to our website must obtain explicit written permission from BattleBuilder Ltd before doing so.
• Individuals or entities seeking permission to link to the BattleBuilder Ltd website ("Linking Parties") must submit a formal linking request to admin@battlebuilder.net.
• The linking request must include the following information:
• Name and contact details of the requesting party.
• Purpose and context of the link.
• The URL of the webpage where the link will be placed.
• Any additional relevant information.
• BattleBuilder Ltd reserves the right to grant or deny linking requests at its sole discretion.
• Linking Parties must ensure that any links to the BattleBuilder Ltd website do not:
• Misrepresent BattleBuilder Ltd or its products.
• Use any trademarks, logos, or intellectual property without explicit permission.
• Create the false impression of an affiliation, endorsement, or sponsorship.
• Violate any applicable laws, regulations, or ethical standards.
• BattleBuilder Ltd may require Linking Parties to adhere to specific terms or guidelines for linking, and such terms must be agreed upon before the link is established.
• Linking Parties granted permission to link to the BattleBuilder Ltd website are responsible for regularly reviewing the linked content to ensure that it remains accurate and appropriate.
• Unauthorized linking to our website is prohibited and may result in legal action.
21. Transactions and Data Handling by Shopify
• Our website is built on the Shopify platform, and transactions for purchases are processed through Shopify's secure checkout system.
• Any personal information provided during the checkout process is subject to Shopify's Privacy Policy. We encourage you to review Shopify's Privacy Policy to understand how your data will be handled and protected.
• Users acknowledge that, while transactions are processed through Shopify, BattleBuilder Ltd is not responsible for Shopify's policies, practices, or the handling of data.
• By making purchases on our website, you understand that Shopify's policies and practices are separate from BattleBuilder Ltd, and any inquiries or concerns regarding data handling should be directed to Shopify's support.
22. Social Media and User-Generated Content
• BattleBuilder Ltd may have a presence on various social media platforms to engage with users and share information about our products and services.
• When engaging with our official social media accounts, users are expected to adhere to the following community guidelines:
• Respect Others: Treat fellow users, our team, and other participants with respect and kindness. Avoid personal attacks, insults, or offensive language.
• Stay on Topic: Keep discussions relevant to the topics related to BattleBuilder Ltd, our products, and the hobby of tabletop miniatures.
• No Hate Speech: Do not engage in hate speech, discriminatory remarks, or any content that promotes violence, discrimination, or harm to individuals or groups.
• No Spam or Self-Promotion: Avoid excessive self-promotion, spamming, or irrelevant links or content.
• Protect Privacy: Do not share personal information about yourself or others, and avoid sharing confidential or sensitive information.
• Follow Platform Rules: Adhere to the terms of use and community guidelines of the specific social media platform you are using.
• Any opinions, comments, reviews, or user-generated content posted by individuals or entities on social media platforms do not necessarily reflect the views, policies, ethics, or working practices of BattleBuilder Ltd.
• We reserve the right to moderate or remove content on our official social media accounts that is inappropriate, offensive, or violates our community guidelines.
• Users are encouraged to exercise discretion and critical thinking when interpreting information or content shared on social media platforms.
• Any content shared or interactions conducted on third-party social media platforms are subject to the terms and policies of those platforms.
• Content shared by users on our official social media accounts may be featured on our website, marketing materials, or other promotional channels.
23. Association with Maximal Fire YouTube Channel
• BattleBuilder Ltd is associated with the YouTube channel "Maximal Fire" for promotional and informational purposes.
• The association with "Maximal Fire" involves collaborations, sponsorships, or other forms of engagement that contribute to the mutual benefit of both BattleBuilder Ltd and the "Maximal Fire" YouTube channel.
• References to "Maximal Fire" in our content, marketing materials, or interactions are related to our association with this YouTube channel.
• Any content, opinions, or views expressed on the "Maximal Fire" YouTube channel are the sole responsibility of the creators and operators of that channel.
• The association with "Maximal Fire" does not imply endorsement or representation of the opinions, content, or views presented on the channel.
• Users are encouraged to approach content from the "Maximal Fire" YouTube channel with critical thinking and discretion.
24. Contact Information
For any questions, concerns, or issues related to these terms, please contact us at admin@battlebuilder.net.
Thank you for choosing BattleBuilder Ltd!