Terms Of Service

DiscordRep - Terms of Service

Last Update: November 16, 2019

THESE TERMS AND CONDITIONS (THE TERMS) ARE A LEGAL CONTRACT BETWEEN YOU AND DiscordRep (“PROJECT”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL WWW.DISCORDREP.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.DISCORDREP.COM BY DiscordRep, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE ALL SERVICES THAT DiscordRep PROVIDES TO YOU AND ANY SOFTWARE THAT ALLOWS YOU TO ACCESS THE SERVICES FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Project can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site We will alert you about any changes by updating the “Last updated” date of these Terms of Use. By using this Site after Project has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

Eligibility

By using the Site, you represent that you are 18 years of age or older, or if you are between the ages of 13 and 18, that you are using the Site with the permission of your parent or legal guardian, or that you are an emancipated minor between the ages of 13 and 18. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and to fully indemnify and hold harmless Project if your child breaches or disaffirms any term or condition of these Terms. If you are using this Site on behalf of a Project, you represent that you are authorized to legally bind the Project to these Terms.

If Project believes that you do not meet any of these requirements Project may immediately terminate your use of the Site.

If you have violated these Terms, you are not eligible to use the Site.

If Project believes that you do not meet any of these requirements Project may immediately terminate your use of the Site.

If you have violated these Terms, you are not eligible to use the Site.

General Use

Project provides content through the Site and through the Services that is copyrighted and/or trademarked work of Project or Project’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Project hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials and cease using the Site.

Discord

Project provides content from an application named Discord. By using the Site you are required to follow all terms of service of Discord. If you breach any of these Terms, your account will be reported to Discord and terminated from Project.

Password Restricted Areas of this Site

If you desire to register for an account with Project, you must submit the following information through the account registration page on the Site: name, date of birth, and email address. You will also have the ability to provide additional optional information, such as a photo of yourself, which is not required to register for an account but may be helpful to Project in providing you with more a more customized experience when using the Site or Services. Once you have submitted your account registration information, Project shall have the right to approve or reject the requested registration, at Project’s sole discretion.

You are responsible for maintaining the confidentiality of your Project password, and you are responsible for all activities that occur using your password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify Project if your password on this Site is lost, stolen, if you are aware of any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Project using the contact information at the end of these Terms requesting that we make the change.

If you register for a “beta account” or other pre-release version of the Site and/or the Services and Materials on the Site (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in Project’ sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services that may be offered through the Site. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site and its Services to the public (“Public Launch Date”). If you do not desire to continue using the Site or its Services after the Public Launch Date, you may contact Project to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in Project’s Privacy Policy. While Project generally intends to distribute commercial release versions of the Site and the Services and Materials on the Site, Project reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by Project to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. DiscordRep SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

Memberships

By registering for an account with Project, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars.

The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. Project reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

You may pay for your Membership fee only with PayPal. We will charge your PayPal for your first Membership fee on the date that we process your order for your Membership. Once your PayPal is charged the first Membership fee, you will receive a confirmation e-mail notifying your purchase to the Site.

IMPORTANT NOTICE: Discordrep WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH ANNIVERSARY OF THAT DATE THAT DiscordRep FIRST CHARGES YOUR PAYPAL ACCOUNT FOR THE FIRST MEMBERSHIP FEE AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, DiscordRep WILL CHARGE YOUR PAYPAL ACCOUNT WITH THE APPLICABLE MEMBERSHIP FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERSHIP FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). DiscordRep WILL BE CHARGING EACH SUBSEQUENT MEMBERSHIP FEE ON THE ANNIVERSARY OF THE DATE OF THE FIRST BILLING. EACH MEMBERSHIP RENEWAL PERIOD IS 1 YEAR. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING DiscordRep AT [email protected] DiscordRep REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR MEMBERSHIP CANCELLATION REQUEST. IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MEMBERSHIP TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MEMBERSHIP TERM.

You will be liable for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member, and you authorize Project to charge your credit or debit card for any such applicable taxes

Purchases

If applicable, you agree to pay all fees or charges to your account based on Project’s fees, charges, and billing terms in effect as shown on the following paragraph:

The Site offers "Gems", a virtual currency, a one-time purchase in the event of receiving the currency. The currency is used to buy items in a virtual shop. The following virtual currency is non-refundable and is given instantly after a purchase. By making a purchase you agree that it's your account, and that the owner of the PayPal or other payment method is in authority of the payment.

If you do not pay on time or if Project cannot charge your credit card, PayPal or other payment method for any reason, Project reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Project is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account purchase at any time, you will not receive any refund. If you have a balance due on any account, you agree that Project may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. In the event of a unpaid bill, a Debt Collector will be hired by DiscordRep to collect the amount. This can lead to fees which will be additionally charged upon you.

Electronic Communications

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Project. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Project. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Links to Third-Party Sites

This Site may be linked to other web sites that are not Project sites (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Project, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Web Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Project is providing links to the Third-Party Sites to you as a convenience, and Project does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT Discordrep WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Project’s endorsement or recommendation.

Unauthorized Activities

When using this Site and/or the services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Use racially, ethnically, or otherwise offensive language.

Discuss or incite illegal activity.

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Post anything that exploits children or minors or that depicts cruelty to animals.

Post any copyrighted or trademarked materials without the express permission from the owner.

Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.

Use any robot, spider, scraper or other automated means to access the Site.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Alter the opinions or comments posted by others on this Site.

Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive. Project reserves the right to terminate access to your account, your ability to post to this Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that Project determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Project may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Project’s discretion, Project will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

You agree to indemnify and hold Project and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Project or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Disputes

Disputes over the ownership of accounts may sometimes arise between or among multiple persons. Discordrep is not in a position to determine account ownership or resolve ownership disputes. It is the responsibility of the Customer to resolve any such disputes and make clear to Discordrep who the owner(s) of the account are in a manner which relieves DiscordRep of all liability or obligations concerning the dispute.

In the event of a dispute, DiscordRep will not give access and control to a claimant unless Discordrep is served with a valid order of a court or agency requiring DiscordRep to give such access and control to said claimant or unless there is submitted to DiscordRep at [email protected] a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account and has read and agreed to these Terms of Service.

Proprietary Rights

Project is a trademark of DiscordRep in Norway. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Project, Copyright ©2019 DiscordRep. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement

Project respects the intellectual property rights of others, and we ask you to do the same. Project may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Project’s designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Project to locate the material.

Information reasonably sufficient to permit Project to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Project’s agent for notice of claims of copyright or trademark infringement on this Site can be reached at [email protected]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Project designated agent that includes all of the following information:

Your physical or electronic signature;

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 to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Project may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers Project reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of Warranties

Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Project, and they may include inaccuracies or typographical or other errors. Project does not warrant the accuracy of timeliness of the Materials contained on this Site. Project has no liability for any errors or omissions in the Materials, whether provided by Project, our licensors or suppliers or other users. PROJECT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PROJECT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

DiscordRep SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL PROJECT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PROJECT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

Project controls and operates this Site from its headquarters in the Norway and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the Norway, you are responsible for following applicable local laws.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to Project, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Project is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Project is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General

Project prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Project, may result in immediate termination of your access to this Site without prior notice to you. Project asks you to leave the Site if you do not comply with the Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Norway in the State of Akershus. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Project’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Project and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Project about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

DISCORDREP ("WE", "US", "PROJECT") RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AT ANY TIME FOR ANY REASON WITHOUT NOTICE OR REFUND, AND REFUSE ANY AND ALL OUR SERVICES AT ANY TIME AND WITHOUT PREVIOUS NOTICE, IN CASE WE HAVE REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE. YOU ARE PERSONALLY AND SOLELY RESPONSIBLE FOR ALL ACTIVITIES AND ANY TRANSACTION MADE THROUGH YOUR ACCOUNT, AS WELL AS FOR THE SECURITY AND THE CONFIDENTIALITY OF IT. YOU SHOULD IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR FOR ANY BREACH OF SECURITY THAT YOU MAY BECOME AWARE OF.

We may, from time to time, with or without prior notice, temporarily suspend the operation of any of our Services or features (in whole or in part), either for maintenance purposes or in order to update or upgrade any contents, features or functionality of DiscordRep. We may also from time to time, with or without prior notice, at our sole and absolute discretion, make additions to, modifications to the format and features of DiscordRep or even terminate any of our Services.

Contact Us

If you have any questions about these Terms or otherwise need to contact Project for any reason, you can reach us at [email protected]