The following terms and conditions govern all use of the Playstarbound.com website and all content, services and products available at or through the website, whether as a guest or a registered user, including, but not limited to, the playstarbound.com andcommunity.playstarbound.com (“Forums”), (taken together, the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Chucklefish, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Playstarbound.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Chucklefish may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Chucklefish liability. You must immediately notify Chucklefish at [email protected] of any unauthorized uses of your account or any other breaches of security. Chucklefish will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate an account, comment on the Website or Forums, post material to the Website or Forums, post links on the Website or Forums, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content does not contain any material which is defamatory;
- the Content does not contain any material which is obscene, offensive, hateful or inflammatory;
- the Content does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- the Content does not promote any illegal activity;
- the Content is lawful;
- your account and your posts on the Website or Forums do not include unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads other users into thinking that you are another person or company-for example, your description, website link or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Chucklefish or otherwise.
By submitting Content to Chucklefish for inclusion on the Website, you grant Chucklefish a world-wide, perpetual, irrevocable, royalty-free, sub-licensable and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website and to permit others to use it subject to the terms of the EULA. If you delete Content, Chucklefish will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and that others may have already have it may use it.
Without limiting any of those representations or warranties above, Chucklefish has the right (though not the obligation) to, in Chucklefish’s sole discretion (i) refuse or remove any content that, in Chucklefish’s reasonable opinion, violates any Chucklefish policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Chucklefish’s sole discretion.
Chucklefish has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy. Chucklefish shall not be responsible, or liable to any third party, for the content or accuracy of any Content.
3. Responsibility of Website Visitors. Chucklefish has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. Chucklefish does not exercise control or selection of third party content. By operating the Website, Chucklefish does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Chucklefish disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Chucklefish shall not be liable for any loss or damage that occurs as a result of content viewed or posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Playstarbound.com links, and that link to Playstarbound.com. Chucklefish does not have any control over those non-Chucklefish websites and webpages, and is not responsible for their contents or their use. By linking to a non-Chucklefish website or webpage, Chucklefish does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Chucklefish disclaims any responsibility for any harm resulting from your use of non-Chucklefish websites and webpages. We assume no responsibility for the content of websites linked on the Website. We will not be liable for any loss or damage that may arise from your use of them.
6. Linking to the Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
7. Copyright Infringement. As Chucklefish asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Playstarbound.com violates your copyright, you are encouraged to notify Chucklefish and provide details of the violation, including the location of the content and the copyright holder’s contact details. Chucklefish will respond to all such notices as appropriate in the circumstances such as by removing the infringing material or disabling all links to the infringing material. Chucklefish will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Chucklefish or others. In the case of such termination, Chucklefish will have no obligation to provide a refund of any amounts previously paid to Chucklefish.
8. Intellectual Property. This Agreement does not transfer from Chucklefish to you any Chucklefish or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Chucklefish. Chucklefish, Playstarbound.com, the Playstarbound.com logo, and all other trademarks, service marks, graphics and logos used in connection with Playstarbound.com, or the Website are trademarks or registered trademarks of Chucklefish or Chucklefish’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Chucklefish or third-party trademarks.
9. Advertisements. Chucklefish reserves the right to display advertisements on the Website.
10. Viruses. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 in the UK and under similar laws elesewhere. We shall be entitled to report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
11. Changes. Chucklefish reserves the right, at its sole discretion, to modify or replace any part of this Agreement and related terms including a game’s EULA and related terms and will use reasonable efforts to notify you of major changes . Please check this Agreement periodically for updates as well. Your continued use of or access to the Website or use of a game following the posting of any changes constitutes acceptance of those changes. Chucklefish may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Termination. Chucklefish may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Playstarbound.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties. The Website is provided “as is”. Chucklefish and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Chucklefish nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Limitation of Liability. In no event will Chucklefish, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Chucklefish shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. Indemnification. You agree to indemnify and hold harmless Chucklefish, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
17. Miscellaneous. This Agreement constitutes the entire agreement between Chucklefish and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Chucklefish, or by the posting by Chucklefish of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, its subject matter, its formation and any access to or use of the Website, are governed by English law. You and Chucklefish both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Chucklefish may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. Contact Us. To contact us, please email [email protected]
3 July 2014