Terms and rules

TERMS OF USE

Effective Date: March 9, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between you and ConcernedApe LLC, a Washington limited liability company (the “Company”, “we”, “us”, and their derivatives). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern your use of our websites, including  stardewvalley.net, forums.stardewvalley.net, and their respective subdomains (collectively, the “Websites”), and other online services we may provide (collectively, with the Websites, the “Services”).

By using the Services, including by using the Websites, you agree to be bound by these Terms of Use and thePrivacy Policy (the “Privacy Policy”) that is incorporated by reference into these Terms of Use. If you don’t agree to be bound by these Terms of Use, do not use the Services.

The Services are offered and available to users who are at least 13 years of age or older. By using any of the Services, you represent and warrant that you are at least 13 years old. If you are not at least 13 years old, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, including the Websites, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

Changes to Websites; Unavailability of Websites

We reserve the right to withdraw or amend the Websites in our sole discretion without notice. Note that the Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.

Intellectual Property Rights

©2016-2018 ConcernedApe LLC. ConcernedApe™, Stardew Valley®, and related design and composite marks are trademarks of ConcernedApe LLC. All rights reserved.

The Websites and their contents (including any trailers, images, sounds, etc.), features, and functionality are owned by the Company, its licensors, or other providers of such material, excluding the User Content (defined below), and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services and view the Websites and the content set forth therein for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites. You must not access or use for any commercial purposes any part of the Websites or any services or materials available through them. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may elect to informally provide us with Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to, any and all Feedback and that the Company will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it, royalty free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to the Company regarding the Services, the videogame Stardew Valley® (the “Game”), or any suggested improvements thereto.

When you submit, transfer, or otherwise make available User Content to us through the Services, you grant us and our affiliates and service providers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works of such User Content. The foregoing license is for the limited purposes of allowing us to operate the Services, improve and promote the Services, and develop new Services. “User Content” means any content that a user of the Services with a profile submits, transfers, or otherwise provides to or makes available through the Services, including all creative expressions such video, audio, photographs, images, illustrations, animations, logos, and written posts, replies, and comments. 

Trademarks

The Company’s name, the terms “ConcernedApe” and “Stardew Valley”, the Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

User Content

You represent and warrant to us that:

  • you own or control all rights in and to any and all User Content that you submit, transfer, or otherwise make available to us through the Services;
  • you have the right to grant us the license described above under the heading “Intellectual Property Rights”; and
  • all User Content that you submit, transfer, or otherwise make available to us through the Services does and will comply with these Terms of Use, including the terms described under the heading “Prohibited Uses” below.

You understand and acknowledge that you are responsible for your User Content, and you, not the Company, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the completeness or accuracy of any User Content posted by you or any other user of the Services.

Prohibited Uses

You may use the Services, including the Websites, only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services, including the Websites, in any way that violates applicable laws, in order to exploit or harm anyone, to send advertising or promotional material, or to impersonate or attempt to impersonate the Company or anyone else. Additionally, you agree not to:

  • Use the Services to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal data of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. 
  • Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services, including the Websites, or interfere with any other party’s use of the Services, including the Websites.
  • Engage in any other conduct that affects anyone else’s use or enjoyment of the Services, including the Websites, or that, as determined by us, may harm the Company.
  • Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Websites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services, including the Websites.

Monitoring and Enforcement of User Content

Any User Content may be reviewed by staff members or sent to third-party verification services (including, but not limited to, spam prevention services or moderators). Do not submit any User Content that you consider to be private or confidential.

We have the right to:

  • remove or refuse to make available through the Services any User Content for any or no reason in our sole discretion;
  • remove and/or delete any user’s profile for any reason or no reason in our sole discretion;
  • take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company;
  • subject to our Privacy Policy, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, as necessary to comply with legal obligations and enforce these Terms of Use;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites; and
  • terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, subject to the Privacy Policy and applicable law, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting User Content through the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY THESE PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement 

Reporting Claims of Copyright Infringement. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or activities accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. 

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available through the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: [add]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Furthermore, if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures.If you believe that material you uploaded or posted to the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An 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 disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

Our designated agent to receive Counter-Notices is: [add]

The DMCA allows us to restore the removed materials if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the profiles of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and all statements and/or opinions expressed in User Content are solely the opinions and the responsibility of the user providing that content and do not necessarily reflect the opinion of the Company. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials, including User Content, by you or any other user of the Websites, or by anyone who may be informed of any of its contents.

Privacy Policy

All information we collect on the Websites, through the Services, and through the Game is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning the collection and processing of your personal data.

Termination of Your Profile

On termination of your profile, or upon your deletion of particular pieces of User Content from the Services, we will use commercially reasonable efforts to make the applicable User Content inaccessible and stop using it. Where required by the Privacy Policy, we will also delete your personal data, unless permitted or required to keep this data under applicable law. In any event, you acknowledge and agree that: (1) deleted User Content may persist in caches or backups for a reasonable period of time; and (2) copies of or references to the User Content may not be entirely removed (e.g., where it has been reblogged or cross-posted by other users or third parties).

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING THE WEBSITES AND THEIR CONTENT, IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE WEBSITES AND THEIR CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, INCLUDING THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES AND WEBSITES OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, ANY CONTENT ON THE WEBSITES (INCLUDING USER CONTENT), OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including the Websites.

Governing Law and Jurisdiction

All matters relating to the Services, including the Websites, and these Terms of Use and any dispute or claim arising therefrom or related thereto, will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services, including the Websites, shall be instituted exclusively in the federal and state courts located in King County, Washington, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy are the sole and entire agreement between you and the Company regarding the Services, including the Websites, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.

Your Comments and Concerns

This Websites are operated by ConcernedApe LLC. If you have any questions, please get in touch with us at [email protected]y.net.

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