Agreement
These terms are between you and Caplan Studio LLC ("Caplan Studio", "we", "us"), an Arizona limited liability company. They apply when you use caplanstudio.com or any product we operate: Gamenight (pvpers.us), PantryTrack (pantrytrack.app), Tales & Fables (talesnfables.com), BookLocally (booklocally.net), CrewTempo (crewtempo.com), RecallRally (recallrally.com), and ServerPack (mc.pvpers.us).
By creating an account or using a product, you accept these terms. If you are using a product on behalf of a company or an organization, you confirm that you are allowed to accept these terms for it, and "you" then means that organization.
Who can use our products
You must be at least 13 years old. If you are under the age of majority where you live, you need a parent or guardian to agree to these terms on your behalf. You also need to be somewhere we are legally allowed to offer the service, and not barred from using it under applicable sanctions or export law.
Your account
You are responsible for what happens under your account, so keep your credentials to yourself and tell us promptly if you think someone else has them. Give us accurate information when you sign up and keep it current. Do not impersonate someone else, and do not share or sell your account.
Where a product signs you in through a third party, such as Discord for Gamenight, losing access to that third-party account may cost you access to ours. That is outside our control.
Acceptable use
Do not use our products to:
- Break the law, or help anyone else break it.
- Harass, threaten, defame, or endanger anyone, or post content that sexualizes minors.
- Upload malware, or attempt to breach, probe, overload, or disrupt our systems or anyone else's.
- Access data belonging to another user or another organization, or try to defeat the isolation between organizations.
- Scrape, crawl, or bulk-extract data other than through an interface we provide for it.
- Resell or white-label a product as your own, except where the product is explicitly built for that, such as BookLocally storefronts and ServerPack sites.
- Infringe someone else's copyright, trademark, or other rights.
- Circumvent access controls, rate limits, plan limits, or moderation.
Good-faith security research is welcome. Report what you find to [email protected] before disclosing it, do not access data that is not yours, and do not degrade the service while testing. We will not pursue researchers who follow that.
Your content
Whatever you create in our products stays yours. We claim no ownership of your stories, decks, rosters, schedules, listings, or anything else you put in.
To actually run the service, we need permission to handle it: you grant us a worldwide, non-exclusive, royalty-free license to store, copy, transmit, and display your content, for the sole purpose of operating and improving the product for you and the people you share it with. That license ends when you delete the content or your account, except for backups still in rotation and for content others have legitimately copied into their own spaces.
You are responsible for your content, including having the rights to post it. We do not pre-screen content, but we may remove anything that breaks these terms.
Communities and organizations
Several of our products are multi-tenant: clubs in Gamenight, companies in CrewTempo, businesses in BookLocally. If you join one, that organization's owners and administrators control its space, including its settings, its roster, and whether you stay in it. They can see the data described in our Privacy Policy. We do not arbitrate disputes inside an organization, and we are not responsible for how an organization runs its own space.
If you run an organization on one of our products, you are responsible for the people you admit, for the content posted there, and for meeting any legal obligations you have to your own members, employees, or customers.
Third-party services
Our products connect to services we do not control, including Discord, Riot Games, Stripe, and Minecraft servers you run yourself. Your use of those services is governed by their terms, not ours, and they can change or withdraw their APIs at any time. If Riot's API goes away, so do the Gamenight features built on it, through no fault of either of us.
For ServerPack specifically: we provide the plugin pack and the companion website. The Minecraft server itself is yours to run, host, moderate, and license, and you are responsible for complying with Mojang's and Microsoft's terms.
Price
Our products are free to use today. We expect to introduce paid plans on some of them, and when we do, the paid features, prices, billing cycle, and cancellation and refund terms will be stated at the point of purchase and added to this page. We will not start charging for something you already use for free without telling you in advance and giving you the choice to decline.
Availability and changes
We run these products ourselves, on infrastructure we maintain, and we care about keeping them up. We do not offer a formal uptime guarantee or service level agreement. There will be maintenance windows, occasional outages, and the ordinary hazards of self-hosted software.
We may add, change, or remove features, and we may discontinue a product entirely. If we shut a product down, we will give reasonable advance notice and a way to export your data before it goes.
Ending things
You can stop using a product and delete your account at any time, from the product or by emailing us.
We may suspend or terminate an account that breaks these terms, that puts our systems or our users at risk, or that we are legally required to act on. Where the situation allows it, we will warn you first and give you a chance to fix the problem. For serious cases, including anything that endangers someone, we will act immediately.
Sections that should outlive the account do: your content license for material still in shared spaces, the disclaimers, the liability limits, and the governing law.
Disclaimers
Our products are provided "as is" and "as available", without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that a product will be uninterrupted, error-free, or secure against every threat, or that any data, rank, statistic, schedule, or reminder it shows you will be accurate.
Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.
Limitation of liability
To the fullest extent the law allows, Caplan Studio is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of your use of our products, even if we were advised such damages were possible.
Our total liability for any claim relating to a product is capped at the greater of the amount you paid us for that product in the twelve months before the claim, or one hundred United States dollars. Nothing here limits liability that cannot be limited by law, including for fraud, gross negligence, or willful misconduct.
Indemnity
If your use of a product, your content, or your organization's use of a product leads to a third-party claim against us, you agree to defend and indemnify us against it, including reasonable legal costs. We will tell you promptly about any such claim and let you control the defense, as long as any settlement releases us fully.
Changes to these terms
We update the date at the top of this page whenever these terms change. For material changes, we will give notice in the product before they take effect. Continuing to use a product after that means you accept the revised terms. If you do not, stop using it and delete your account.
Governing law
These terms are governed by the laws of the State of Arizona, United States, without regard to its conflict of law rules. Disputes go to the state or federal courts located in Maricopa County, Arizona, and both of us consent to that jurisdiction. If you are a consumer, this does not take away any right you have to bring a claim where you live.
If any part of these terms is found unenforceable, the rest stays in force. Not enforcing a term is not a waiver of it. These terms, plus the Privacy Policy, are the entire agreement between us about the products.
Contact
Caplan Studio LLC, Arizona, United States.
[email protected]