Terms of Service; Didn't Read

“I have read and agree to the Terms” is the biggest lie on the web. We aim to fix that.

Welcome to our edit tool

Using this online tool, you can help to update the content of the ToS;DR website. Below are the most recent changes people made. Above, you see the menu bar, where you can for instance navigate to the list of services, or to the points search page.

How it works

A service is a website or online application, for instance YouTube. A case is an individual remark that can form part of the review of a service, for instance "you need to be 13 years old to use this service". A point links a case to a service, for instance "you need to be 13 years old to use YouTube". A topic is a search tag for cases.

To review a service's terms and conditions, first make sure the service is listed, and add it if not. Then read the actual terms and policies you have to agree to to use this service, and make a note about anything that you find remarkable. Find the existing case for each of these review remarks, or create it if necessary, and create a point to add that case as a remark in the review of the service. Use the checklist to see if you forgot to review any aspects.

Then you need to wait for a curator to approve your changes, after which your review will show up on https://tosdr.org, will be picked up by the ToS;DR browser extensions, and included in DuckDuckGo's Privacy Grade, for which our API is one of several input factors. For services whose terms and policies are tracked by ToSBack, you can try out our experimental annotate view.

This tool is still very much under construction, and has bugs. Please open a github issue for anything you think should be improved.

Examples (see all):

identi.ca

  •  Identi.ca [bad] may terminate your account without notice and without cause
  •  https is not used by default
  •  the underlying software, StatusNet, has a federated architecture
  •  Content published under a free license
N/A

indiegogo

  •  You can opt out of promotional communications
A

New York Times

  •  There is a date of the last update of the terms
N/A

Recent changes:

Romoaldo: 19/10/18 - 17:08
updated
--- status: - changes-requested - pending analysis: - '"You can also delete certain information, or your entire FastMail account should you wish to do so."' - '' point_change: - - '' updated_at: - 2018-09-12 08:59:20.923691000 Z - 2018-10-19 17:08:19.678820293 Z
Updog: 19/10/18 - 06:26
updated
--- document_id: - - 417 quoteText: - - |- How you can access your information</p> <p>You can request access to the personal information we hold about you at any time. You can write to us at the following address requesting access to your personal information.</p> <p>Virgin.com Limited<br> c/o Virgin Management Limited<br> The Battleship Building<br> 179 Harrow Road<br> London W2 6NB<br> UK</p> quoteStart: - - 18951 quoteEnd: - - 19305 updated_at: - 2018-10-19 06:15:50.359472000 Z - 2018-10-19 06:26:15.223371603 Z
Updog: 19/10/18 - 06:23
updated
--- document_id: - - 417 quoteText: - - |- We are proud to give you access to Virgin.com and, in return, we may collect, use and share your personal information as is necessary for us to make the website available in accordance with the Terms and Conditions and to give you the best user experience. We will only use personal information for our purposes in a manner permitted by relevant data protection legislation.</p> <p> <strong>Cookie Policy</strong> </p> <p>We use cookies to improve your experience on our site, Virgin.com, and to recommend content that may be of interest to you. You can find out more below about what cookies are, the cookies we use and how to switch them off.</p> <p>You can indicate your acceptance to our use of cookies in accordance with this policy by clicking “OK” in the appropriate place on the banner that appears on Virgin.com. However, please note that if you do not click “OK” but continue to browse the site, you will be deemed to have accepted our use of cookies (and what we use them for) in accordance with this Privacy Policy.</p> <p> <strong>What are cookies?</strong> </p> <p>A cookie is a text file containing small amounts of information which is downloaded to your device when you access a website. The text file is then sent back to our server each time your browser requests a page from the server. This enables us to operate the site more effectively and load the site so that it reflects your personal preferences, based on your previous browsing on Virgin.com as well as keywords we may be able to gather from URLs of other webpages from which you accessed Virgin.com. Cookies can also allow us to do various other things, as explained below.</p> <p> <strong>What cookies do we use?</strong> </p> <p>When you visit Virgin.com, the following types of cookies may be downloaded to your device:</p> <p> <strong>Analytical and Performance Cookies</strong> </p> <p>We may use analytics service providers for website traffic analysis and reporting. Analytics service providers generate statistical and other information about the use of Virgin.com by using cookies. They allow us to recognise and count the number of visitors and to see how often visitors return to the site, how long they stay and how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, it helps users to find what they are looking for easily. The information generated relating to the site may be used to create reports about the use of the site and the analytics service provider will store this information.</p> <p> <strong>Advertising and Targeting Cookies</strong> </p> <p>These cookies record your visit to Virgin.com, the pages you have visited and the links you have followed to other sites. We will use this information to try and make our site and other sites that you visit more relevant to your interests. We may also share this information with others, such as other Virgin companies and carefully selected third parties, for this purpose.</p> <p>We work with technology partners to support our website and to provide you with relevant information about the products and services of other Virgin companies both on Virgin.com and on affiliated sites or sites within the advertising networks we work with. We may use cookies on our site to help us to place relevant Virgin company advertising on third party websites when you visit those sites. If you are not happy for us to do this, please see the section of this policy titled “How do I turn cookies off?” below.</p> <p> <strong>Functionality Cookies</strong> </p> <p>We may use functional cookies that allow us to remember choices you have made on the site so as to provide you with a more enhanced user experience by delivering content specific to your interests.</p> <p> <strong>Strictly Necessary Cookies</strong> </p> <p>These are cookies that are required for the administration and operation of our site. Some cookies that we use are necessary for our site to function properly and to enable you to move around the site and use its features.</p> <p> <strong>Third Party Cookies</strong> </p> <p>Because Virgin and Richard have a strong presence on various social networks, we try and make it as easy as possible to share content and to see what content is popular on those networks. We add buttons to allow people to easily share to those networks. We also use Facebook to power the commenting functionality on the site. When we include these social 'plugins', it gives those sites the flexibility to use their own cookies. They can't read any cookies we set from Virgin.com, and we can't read any cookies they set, but it lets them do the same kind of traffic measuring that we do on the rest of Virgin.com, and it also lets them know whether you're logged into their site. For example, if you're logged in to Facebook, read a post by Richard Branson and want to make a comment, you can do that straight away without having to log in again - we never know whether you're logged in or not, as you communicate directly with Facebook, through their plugins on our site.</p> <p>Other sites and services (including, for example, advertising networks, providers of external services like web traffic analysis services and content recommendation engines) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.</p> <p> <strong>As at 9th October 2017, we use the following third party cookies:</strong> </p> <ul> <li>MailChimp - Email distribution</li> <li>AddThis (Oracle) - Social Sharing tools</li> <li>Google Analytics - Web Analytics</li> <li>Google Doubleclick - Virgin Advertising Performance</li> <li>Twitter - Advertising Targeting</li> <li>Facebook Social Graph - Social Comment publishing</li> <li>Facebook Social Plugins - Advertising Targeting</li> <li>Facebook Custom Audience - Advertising Targeting</li> <li>Aquia - Virgin Recommendation Engine</li> <li>YouTube.com - Video Player</li> <li>Google Tag Manager - Tag Manger</li> <li>Perfect Market (taboola) - Advertising Targeting</li> <li>Linked-In - Advertising Targeting</li> <li>Tealium - Advertising Targeting</li> </ul> <p>Further information on the general use and function of the third party cookies listed above can be found at http://optout.aboutads.info/#/.</p> <p> <strong>How do I turn cookies off?</strong> </p> <p>If you do not wish us to install cookies or you don’t agree with how we use these cookies, you can change the settings on your internet browser to reject them. For more information please consult the “Help” section of your browser or visit www.aboutcookies.org,  www.allaboutcookies.org or http://optout.aboutads.info/#/. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features on our site.</p> <p> <strong>What information do we collect if you sign up for our newsletter?</strong> </p> <p>If you want to sign up to receive our newsletter we will collect personal information from you as is necessary for the newsletter service, namely your email address, name and what you are interested in hearing more about.</p> <p> <strong>Will we use your information for marketing?</strong> </p> <p>Once you have given your consent to marketing, we may display offers, promotions, products or services on the site which we think will interest you based upon the information we collect from your cookies. You may withdraw your consent to direct marketing at any time by writing to contactus@virgin.com with the subject line ‘Withdraw consent request from direct marketing’.</p> <p> <strong>How else will we use your information?</strong> </p> <p>We may also use your information for the following purposes:</p> <ul> <li>To help us make the website and other related content available to you (please see the "Will we share your information with anyone else?" section below for more information)</li> <li>To make the website more relevant for you and our other visitors. This includes sometimes requesting personal information from you to help us run and develop our website and associated functions</li> <li>To send you our newsletter if you have signed up to receive it</li> <li>To carry out occasional surveys to analyse our user base — ultimately we want to ensure that Virgin.com provides everything that you — our audience — is looking for</li> <li>To check whether you are eligible for a competition and to contact you if you win</li> <li>To comply with the law</li> <li>As we feel is necessary to prevent illegal activity or to protect our interests quoteStart: - - 3620 quoteEnd: - - 12194 updated_at: - 2018-10-19 06:21:36.293695000 Z - 2018-10-19 06:23:20.398824107 Z
Updog: 19/10/18 - 06:21
updated
--- analysis: - 'As stated in the Privacy Policy: "Strictly Necessary Cookies: These are cookies that are required for the administration and operation of our site. Some cookies that we use are necessary for our site to function properly and to enable you to move around the site and use its features."' - They have a fairly detailed explanation of the types of cookies they use and what they do, as well as what third party cookies they use and how they work, and which companies they belong to. point_change: - - Accidentally forgot to change the the analysis. Should be accurate now. updated_at: - 2018-10-19 06:19:48.975879000 Z - 2018-10-19 06:21:36.293695690 Z
Updog: 19/10/18 - 06:19
created
--- id: - - 4852 user_id: - - 947 title: - - The service provides details about what kinds of personal information they collect source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - 'As stated in the Privacy Policy: "Strictly Necessary Cookies: These are cookies that are required for the administration and operation of our site. Some cookies that we use are necessary for our site to function properly and to enable you to move around the site and use its features."' created_at: - - &1 2018-10-19 06:19:48.975879740 Z updated_at: - - *1 service_id: - - 427 case_id: - - 228
Updog: 19/10/18 - 06:17
created
--- id: - - 4851 user_id: - - 947 title: - - This service requires first-party cookies, which are cookies that only belong to the domain of the service and not a third party. source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - 'As stated in the Privacy Policy: "Strictly Necessary Cookies: These are cookies that are required for the administration and operation of our site. Some cookies that we use are necessary for our site to function properly and to enable you to move around the site and use its features."' created_at: - - &1 2018-10-19 06:17:48.015122567 Z updated_at: - - *1 service_id: - - 427 case_id: - - 126
Updog: 19/10/18 - 06:15
created
--- id: - - 4850 user_id: - - 947 title: - - Although this service allows users to retrieve their data, the process is difficult and time-consuming. source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - 'As stated in the Privacy Policy: "You can request access to the personal information we hold about you at any time. You can write to us at the following address requesting access to your personal information." This is followed by a mailing address in London, United Kingdom. No other option is specified.' created_at: - - &1 2018-10-19 06:15:50.359472255 Z updated_at: - - *1 service_id: - - 427 case_id: - - 141
Updog: 19/10/18 - 06:13
created
--- id: - - 4849 user_id: - - 947 title: - - The terms for this service are easy to read source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - Fairly non-legal in tone and not very long. created_at: - - &1 2018-10-19 06:13:50.834323810 Z updated_at: - - *1 service_id: - - 427 case_id: - - 199
Updog: 19/10/18 - 06:08
created
--- id: - - 4848 user_id: - - 947 title: - - The service may collect extra data about you through promotions source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - 'As stated in the Privacy Policy: "If you want to sign up to receive our newsletter we will collect personal information from you as is necessary for the newsletter service, namely your email address, name and what you are interested in hearing more about."' created_at: - - &1 2018-10-19 06:08:34.872209790 Z updated_at: - - *1 service_id: - - 427 case_id: - - 211
Updog: 19/10/18 - 06:06
created
--- id: - - 4847 user_id: - - 947 title: - - The service uses your personal data to employ targeted third-party advertising source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - 'As stated in the Privacy Policy: "We work with technology partners to support our website and to provide you with relevant information about the products and services of other Virgin companies both on Virgin.com and on affiliated sites or sites within the advertising networks we work with. We may use cookies on our site to help us to place relevant Virgin company advertising on third party websites when you visit those sites."' created_at: - - &1 2018-10-19 06:06:49.314639176 Z updated_at: - - *1 service_id: - - 427 case_id: - - 220
Updog: 19/10/18 - 05:58
created
--- id: - - 4846 user_id: - - 947 title: - - " Terms may be changed any time at their discretion, without notice to the user " source: - - https://www.virgin.com/privacy-policy status: - - pending analysis: - - 'As stated in the Privacy Policy: "This policy may change from time to time and, if it does, the up-to-date version will always be available on the Virgin.com site. Please make sure that you are aware of the latest version of this Privacy Policy."' created_at: - - &1 2018-10-19 05:58:01.569419183 Z updated_at: - - *1 service_id: - - 427 case_id: - - 121
imabritishcow: 19/10/18 - 00:09
--- id: - - 681 name: - - Privacy Policy url: - - https://mullvad.net/en/guides/no-logging-data-policy/ xpath: - - '' created_at: - - &1 2018-10-19 00:09:58.205604199 Z updated_at: - - *1 service_id: - - 641
jonasr: 18/10/18 - 22:23
created
--- id: - - 4845 user_id: - - 943 title: - - The service will not allow third parties to access your personal information without a legal basis source: - - https://gtrs-online.de/Index.php?id=446 status: - - pending analysis: - - '' created_at: - - &1 2018-10-18 22:23:22.656750708 Z updated_at: - - *1 service_id: - - 791 case_id: - - 167
jonasr: 18/10/18 - 22:19
--- id: - - 680 name: - - Privacy Policy url: - - https://gtrs-online.de/index.php?id=446 xpath: - - '' text: - - " <ul>\n<li>Aktuelles</li>\n<li>Über uns</li>\n<li>Sportangebot</li>\n<li>GTRS-Jugend</li>\n<li>Rückblick</li>\n<li>Klimaschutz+</li>\n<li>Spendenschwimmen</li>\n<li>Osterspektakel </li>\n<li>Service&amp;Info</li>\n<li>Kontakt</li>\n<li>Intern</li>\n</ul> Datenschutzerklärung <p>Diese Datenschutzerklärung klärt Sie über die Art, den Umfang und Zweck der Verarbeitung von personenbezogenen Daten (nachfolgend kurz \"Daten\") innerhalb unseres Onlineangebotes und der mit ihm verbundenen Webseiten, Funktionen und Inhalte sowie externen Onlinepräsenzen, wie z.B.\nunser Social Media Profile auf (nachfolgend gemeinsam bezeichnet als \"Onlineangebot\").\nIm Hinblick auf die verwendeten Begrifflichkeiten, wie z.B.\n\"Verarbeitung\" oder \"Verantwortlicher\" verweisen wir auf die Definitionen im Art.\n4 der Datenschutzgrundverordnung (DSGVO).<br>\n<br>\n</p>\nVerantwortlicher\n<p>Der Verantwortliche für den Datenschutz ist unter der Email-Adresse datenschutz(at)gtrs-online.de zu erreichen.<br>\n</p> Vertreten durch:\n<p>Ann-Sophie Fritz<br> Tel.: 0176 20761925<br> ann-sophie(at)gtrs-online.de<br> Langäcker 12<br> 69168 Wiesloch\n</p>\nArten der verarbeiteten Daten:\n<p>-\tBestandsdaten (z.B., Namen, Adressen).<br> -\tKontaktdaten (z.B., E-Mail, Telefonnummern).<br> -\tInhaltsdaten (z.B., Texteingaben, Fotografien, Videos).<br> -\tNutzungsdaten (z.B., besuchte Webseiten, Interesse an Inhalten, Zugriffszeiten).<br> -\tMeta-/Kommunikationsdaten (z.B., Geräte-Informationen, IP-Adressen).<br>\n</p>\nKategorien betroffener Personen\n<p>Besucher und Nutzer des Onlineangebotes (Nachfolgend bezeichnen wir die betroffenen Personen zusammenfassend auch als \"Nutzer\").<br>\n</p>\nZweck der Verarbeitung\n<p>-\tZurverfügungstellung des Onlineangebotes, seiner Funktionen und Inhalte.<br> -\tBeantwortung von Kontaktanfragen und Kommunikation mit Nutzern.<br> -\tSicherheitsmaßnahmen.<br> -\tReichweitenmessung<br>\n</p>\nVerwendete Begrifflichkeiten <p>\"Personenbezogene Daten\" sind alle Informationen, die sich auf eine identifizierte oder identifizierbare natürliche Person (im Folgenden \"betroffene Person\") beziehen.\nals identifizierbar wird eine natürliche Person angesehen, die direkt oder indirekt, insbesondere mittels Zuordnung zu einer Kennung wie einem Namen, zu einer Kennnummer, zu Standortdaten, zu einer Online-Kennung (z.B.\nCookie) oder zu einem oder mehreren besonderen Merkmalen identifiziert werden kann, die Ausdruck der physischen, physiologischen, genetischen, psychischen, wirtschaftlichen, kulturellen oder sozialen Identität dieser natürlichen Person sind.<br>\n<br> \"Verarbeitung\" ist jeder mit oder ohne Hilfe automatisierter Verfahren ausgeführten Vorgang oder jede solche Vorgangsreihe im Zusammenhang mit personenbezogenen Daten.\nDer Begriff reicht weit und umfasst praktisch jeden Umgang mit Daten.<br>\n<br> \"Pseudonymisierung\" die Verarbeitung personenbezogener Daten in einer Weise, dass die personenbezogenen Daten ohne Hinzuziehung zusätzlicher Informationen nicht mehr einer spezifischen betroffenen Person zugeordnet werden können, sofern diese zusätzlichen Informationen gesondert aufbewahrt werden und technischen und organisatorischen Maßnahmen unterliegen, die gewährleisten, dass die personenbezogenen Daten nicht einer identifizierten oder identifizierbaren natürlichen Person zugewiesen werden.<br>\n<br> \"Profiling\" jede Art der automatisierten Verarbeitung personenbezogener Daten, die darin besteht, dass diese personenbezogenen Daten verwendet werden, um bestimmte persönliche Aspekte, die sich auf eine natürliche Person beziehen, zu bewerten, insbesondere um Aspekte bezüglich Arbeitsleistung, wirtschaftliche Lage, Gesundheit, persönliche Vorlieben, Interessen, Zuverlässigkeit, Verhalten, Aufenthaltsort oder Ortswechsel dieser natürlichen Person zu analysieren oder vorherzusagen.<br>\n<br> Als \"Verantwortlicher\" wird die natürliche oder juristische Person, Behörde, Einrichtung oder andere Stelle, die allein oder gemeinsam mit anderen über die Zwecke und Mittel der Verarbeitung von personenbezogenen Daten entscheidet, bezeichnet.<br>\n<br> \"Auftragsverarbeiter\" eine natürliche oder juristische Person, Behörde, Einrichtung oder andere Stelle, die personenbezogene Daten im Auftrag des Verantwortlichen verarbeitet.<br>\n</p>\nMaßgebliche Rechtsgrundlagen\n<p>Nach Maßgabe des Art.\n13 DSGVO teilen wir Ihnen die Rechtsgrundlagen unserer Datenverarbeitungen mit.\nSofern die Rechtsgrundlage in der Datenschutzerklärung nicht genannt wird, gilt Folgendes: Die Rechtsgrundlage für die Einholung von Einwilligungen ist Art.\n6 Abs.\n1 lit.\na und Art.\n7 DSGVO, die Rechtsgrundlage für die Verarbeitung zur Erfüllung unserer Leistungen und Durchführung vertraglicher Maßnahmen sowie Beantwortung von Anfragen ist Art.\n6 Abs.\n1 lit.\nb DSGVO, die Rechtsgrundlage für die Verarbeitung zur Erfüllung unserer rechtlichen Verpflichtungen ist Art.\n6 Abs.\n1 lit.\nc DSGVO, und die Rechtsgrundlage für die Verarbeitung zur Wahrung unserer berechtigten Interessen ist Art.\n6 Abs.\n1 lit.\nf DSGVO.\nFür den Fall, dass lebenswichtige Interessen der betroffenen Person oder einer anderen natürlichen Person eine Verarbeitung personenbezogener Daten erforderlich machen, dient Art.\n6 Abs.\n1 lit.\nd DSGVO als Rechtsgrundlage.\n</p>\nSicherheitsmaßnahmen\n<p>Wir treffen nach Maßgabe des Art.\n32 DSGVO unter Berücksichtigung des Stands der Technik, der Implementierungskosten und der Art, des Umfangs, der Umstände und der Zwecke der Verarbeitung sowie der unterschiedlichen Eintrittswahrscheinlichkeit und Schwere des Risikos für die Rechte und Freiheiten natürlicher Personen, geeignete technische und organisatorische Maßnahmen, um ein dem Risiko angemessenes Schutzniveau zu gewährleisten.<br>\n<br> Zu den Maßnahmen gehören insbesondere die Sicherung der Vertraulichkeit, Integrität und Verfügbarkeit von Daten durch Kontrolle des physischen Zugangs zu den Daten, als auch des sie betreffenden Zugriffs, der Eingabe, Weitergabe, der Sicherung der Verfügbarkeit und ihrer Trennung.\nDes Weiteren haben wir Verfahren eingerichtet, die eine Wahrnehmung von Betroffenenrechten, Löschung von Daten und Reaktion auf Gefährdung der Daten gewährleisen.\nFerner berücksichtigen wir den Schutz personenbezogener Daten bereits bei der Entwicklung, bzw.\nAuswahl von Hardware, Software sowie Verfahren, entsprechend dem Prinzip des Datenschutzes durch Technikgestaltung und durch datenschutzfreundliche Voreinstellungen berücksichtigt (Art.\n25 DSGVO).<br>\n</p>\nZusammenarbeit mit Auftragsverarbeitern und Dritten\n<p>Sofern wir im Rahmen unserer Verarbeitung Daten gegenüber anderen Personen und Unternehmen (Auftragsverarbeitern oder Dritten) offenbaren, sie an diese übermitteln oder ihnen sonst Zugriff auf die Daten gewähren, erfolgt dies nur auf Grundlage einer gesetzlichen Erlaubnis (z.B.\nwenn eine Übermittlung der Daten an Dritte, wie an Zahlungsdienstleister, gem.\nArt.\n6 Abs.\n1 lit.\nb DSGVO zur Vertragserfüllung erforderlich ist), Sie eingewilligt haben, eine rechtliche Verpflichtung dies vorsieht oder auf Grundlage unserer berechtigten Interessen (z.B.\nbeim Einsatz von Beauftragten, Webhostern, etc.).\n<br>\n<br> Sofern wir Dritte mit der Verarbeitung von Daten auf Grundlage eines sog.\n\"Auftragsverarbeitungsvertrages\" beauftragen, geschieht dies auf Grundlage des Art.\n28 DSGVO.\n</p>\nÜbermittlungen in Drittländer\n<p>Sofern wir Daten in einem Drittland (d.h.\naußerhalb der Europäischen Union (EU) oder des Europäischen Wirtschaftsraums (EWR)) verarbeiten oder dies im Rahmen der Inanspruchnahme von Diensten Dritter oder Offenlegung, bzw.\nÜbermittlung von Daten an Dritte geschieht, erfolgt dies nur, wenn es zur Erfüllung unserer (vor)vertraglichen Pflichten, auf Grundlage Ihrer Einwilligung, aufgrund einer rechtlichen Verpflichtung oder auf Grundlage unserer berechtigten Interessen geschieht.\nVorbehaltlich gesetzlicher oder vertraglicher Erlaubnisse, verarbeiten oder lassen wir die Daten in einem Drittland nur beim Vorliegen der besonderen Voraussetzungen der Art.\n44 ff.\nDSGVO verarbeiten.\nD.h.\ndie Verarbeitung erfolgt z.B.\nauf Grundlage besonderer Garantien, wie der offiziell anerkannten Feststellung eines der EU entsprechenden Datenschutzniveaus (z.B.\nfür die USA durch das \"Privacy Shield\") oder Beachtung offiziell anerkannter spezieller vertraglicher Verpflichtungen (so genannte \"Standardvertragsklauseln\").\n</p>\nRechte der betroffenen Personen\n<p>Sie haben das Recht, eine Bestätigung darüber zu verlangen, ob betreffende Daten verarbeitet werden und auf Auskunft über diese Daten sowie auf weitere Informationen und Kopie der Daten entsprechend Art.\n15 DSGVO.<br>\n<br> Sie haben entsprechend.\nArt.\n16 DSGVO das Recht, die Vervollständigung der Sie betreffenden Daten oder die Berichtigung der Sie betreffenden unrichtigen Daten zu verlangen.<br>\n<br> Sie haben nach Maßgabe des Art.\n17 DSGVO das Recht zu verlangen, dass betreffende Daten unverzüglich gelöscht werden, bzw.\nalternativ nach Maßgabe des Art.\n18 DSGVO eine Einschränkung der Verarbeitung der Daten zu verlangen.<br>\n<br> Sie haben das Recht zu verlangen, dass die Sie betreffenden Daten, die Sie uns bereitgestellt haben nach Maßgabe des Art.\n20 DSGVO zu erhalten und deren Übermittlung an andere Verantwortliche zu fordern.\n<br>\n<br> Sie haben ferner gem.\nArt.\n77 DSGVO das Recht, eine Beschwerde bei der zuständigen Aufsichtsbehörde einzureichen.\n</p>\nWiderrufsrecht\n<p>Sie haben das Recht, erteilte Einwilligungen gem.\nArt.\n7 Abs.\n3 DSGVO mit Wirkung für die Zukunft zu widerrufen\n</p>\nWiderspruchsrecht\n<p>Sie können der künftigen Verarbeitung der Sie betreffenden Daten nach Maßgabe des Art.\n21 DSGVO jederzeit widersprechen.\nDer Widerspruch kann insbesondere gegen die Verarbeitung für Zwecke der Direktwerbung erfolgen.\n</p>\nCookies und Widerspruchsrecht bei Direktwerbung\n<p>Als \"Cookies\" werden kleine Dateien bezeichnet, die auf Rechnern der Nutzer gespeichert werden.\nInnerhalb der Cookies können unterschiedliche Angaben gespeichert werden.\nEin Cookie dient primär dazu, die Angaben zu einem Nutzer (bzw.\ndem Gerät auf dem das Cookie gespeichert ist) während oder auch nach seinem Besuch innerhalb eines Onlineangebotes zu speichern.\nAls temporäre Cookies, bzw.\n\"Session-Cookies\" oder \"transiente Cookies\", werden Cookies bezeichnet, die gelöscht werden, nachdem ein Nutzer ein Onlineangebot verlässt und seinen Browser schließt.\nIn einem solchen Cookie kann z.B.\nder Inhalt eines Warenkorbs in einem Onlineshop oder ein Login-Staus gespeichert werden.\nAls \"permanent\" oder \"persistent\" werden Cookies bezeichnet, die auch nach dem Schließen des Browsers gespeichert bleiben.\nSo kann z.B.\nder Login-Status gespeichert werden, wenn die Nutzer diese nach mehreren Tagen aufsuchen.\nEbenso können in einem solchen Cookie die Interessen der Nutzer gespeichert werden, die für Reichweitenmessung oder Marketingzwecke verwendet werden.\nAls \"Third-Party-Cookie\" werden Cookies bezeichnet, die von anderen Anbietern als dem Verantwortlichen, der das Onlineangebot betreibt, angeboten werden (andernfalls, wenn es nur dessen Cookies sind spricht man von \"First-Party Cookies\").<br>\n<br> Wir können temporäre und permanente Cookies einsetzen und klären hierüber im Rahmen unserer Datenschutzerklärung auf.<br>\n<br> Falls die Nutzer nicht möchten, dass Cookies auf ihrem Rechner gespeichert werden, werden sie gebeten die entsprechende Option in den Systemeinstellungen ihres Browsers zu deaktivieren.\nGespeicherte Cookies können in den Systemeinstellungen des Browsers gelöscht werden.\nDer Ausschluss von Cookies kann zu Funktionseinschränkungen dieses Onlineangebotes führen.<br>\n<br> Ein genereller Widerspruch gegen den Einsatz der zu Zwecken des Onlinemarketing eingesetzten Cookies kann bei einer Vielzahl der Dienste, vor allem im Fall des Trackings, über die US-amerikanische Seite http://www.aboutads.info/choices/ oder die EU-Seite http://www.youronlinechoices.com/ erklärt werden.\nDes Weiteren kann die Speicherung von Cookies mittels deren Abschaltung in den Einstellungen des Browsers erreicht werden.\nBitte beachten Sie, dass dann gegebenenfalls nicht alle Funktionen dieses Onlineangebotes genutzt werden können.\n</p>\nLöschung von Daten\n<p>Die von uns verarbeiteten Daten werden nach Maßgabe der Art.\n17 und 18 DSGVO gelöscht oder in ihrer Verarbeitung eingeschränkt.\nSofern nicht im Rahmen dieser Datenschutzerklärung ausdrücklich angegeben, werden die bei uns gespeicherten Daten gelöscht, sobald sie für ihre Zweckbestimmung nicht mehr erforderlich sind und der Löschung keine gesetzlichen Aufbewahrungspflichten entgegenstehen.\nSofern die Daten nicht gelöscht werden, weil sie für andere und gesetzlich zulässige Zwecke erforderlich sind, wird deren Verarbeitung eingeschränkt.\nD.h.\ndie Daten werden gesperrt und nicht für andere Zwecke verarbeitet.\nDas gilt z.B.\nfür Daten, die aus handels- oder steuerrechtlichen Gründen aufbewahrt werden müssen.<br>\n<br> Nach gesetzlichen Vorgaben in Deutschland, erfolgt die Aufbewahrung insbesondere für 10 Jahre gemäß §§ 147 Abs.\n1 AO, 257 Abs.\n1 Nr.\n1 und 4, Abs.\n4 HGB (Bücher, Aufzeichnungen, Lageberichte, Buchungsbelege, Handelsbücher, für Besteuerung relevanter Unterlagen, etc.) und 6 Jahre gemäß § 257 Abs.\n1 Nr.\n2 und 3, Abs.\n4 HGB (Handelsbriefe).\n<br>\n</p> Erbringung unserer satzungs- und geschäftsgemäßen Leistungen\n<p>Wir verarbeiten die Daten unserer Mitglieder entsprechend Art.\n6 Abs.\n1 lit.\nb.\nDSGVO, sofern wir ihnen gegenüber vertragliche Leistungen anbieten oder im Rahmen bestehender geschäftlicher Beziehung, z.B.\ngegenüber Mitgliedern, tätig werden oder selbst Empfänger von Leistungen und Zuwendungen sind.\nIm Übrigen verarbeiten wir die Daten betroffener Personen gem.\nArt.\n6 Abs.\n1 lit.\nf.\nDSGVO auf Grundlage unserer berechtigten Interessen, z.B.\nwenn es sich um administrative Aufgaben oder Öffentlichkeitsarbeit handelt.<br>\n<br> Die hierbei verarbeiteten Daten, die Art, der Umfang und der Zweck und die Erforderlichkeit ihrer Verarbeitung bestimmen sich nach dem zugrundeliegenden Vertragsverhältnis.\nDazu gehören grundsätzlich Bestands- und Stammdaten der Personen (z.B., Name, Adresse, etc.), als auch die Kontaktdaten (z.B., E-Mailadresse, Telefon, etc.), die Vertragsdaten (z.B., in Anspruch genommene Leistungen, mitgeteilte Inhalte und Informationen, Namen von Kontaktpersonen) und sofern wir zahlungspflichtige Leistungen oder Produkte anbieten, Zahlungsdaten (z.B., Bankverbindung, Zahlungshistorie, etc.).<br>\n<br> Wir löschen Daten, die zur Erbringung unserer satzungs- und geschäftsmäßigen Zwecke nicht mehr erforderlich sind.\nDies bestimmt sich entsprechend der jeweiligen Aufgaben und vertraglichen Beziehungen.\nIm Fall geschäftlicher Verarbeitung bewahren wir die Daten so lange auf, wie sie zur Geschäftsabwicklung, als auch im Hinblick auf etwaige Gewährleistungs- oder Haftungspflichten relevant sein können.\nDie Erforderlichkeit der Aufbewahrung der Daten wird alle drei Jahre überprüft.\nim Übrigen gelten die gesetzlichen Aufbewahrungspflichten.\n</p>\nKontaktaufnahme\n<p>Bei der Kontaktaufnahme mit uns (z.B.\nper Kontaktformular, E-Mail, Telefon oder via sozialer Medien) werden die Angaben des Nutzers zur Bearbeitung der Kontaktanfrage und deren Abwicklung gem.\nArt.\n6 Abs.\n1 lit.\nb) DSGVO verarbeitet.\nDie Angaben der Nutzer können in einem Customer-Relationship-Management System (\"CRM System\") oder vergleichbarer Anfragenorganisation gespeichert werden.<br>\n<br> Wir löschen die Anfragen, sofern diese nicht mehr erforderlich sind.\nWir überprüfen die Erforderlichkeit alle zwei Jahre.\nFerner gelten die gesetzlichen Archivierungspflichten.\n</p>\nHosting\n<p>Die von uns in Anspruch genommenen Hosting-Leistungen dienen der Zurverfügungstellung der folgenden Leistungen: Infrastruktur- und Plattformdienstleistungen, Rechenkapazität, Speicherplatz und Datenbankdienste, Sicherheitsleistungen sowie technische Wartungsleistungen, die wir zum Zwecke des Betriebs dieses Onlineangebotes einsetzen.\n<br>\n<br> Hierbei verarbeiten wir, bzw.\nunser Hostinganbieter Bestandsdaten, Kontaktdaten, Inhaltsdaten, Vertragsdaten, Nutzungsdaten, Meta- und Kommunikationsdaten von Kunden, Interessenten und Besuchern dieses Onlineangebotes auf Grundlage unserer berechtigten Interessen an einer effizienten und sicheren Zurverfügungstellung dieses Onlineangebotes gem.\nArt.\n6 Abs.\n1 lit.\nf DSGVO i.V.m.\nArt.\n28 DSGVO (Abschluss Auftragsverarbeitungsvertrag).\n</p>\nErhebung von Zugriffsdaten und Logfiles\n<p>Wir, bzw.\nunser Hostinganbieter, erhebt auf Grundlage unserer berechtigten Interessen im Sinne des Art.\n6 Abs.\n1 lit.\nf.\nDSGVO Daten über jeden Zugriff auf den Server, auf dem sich dieser Dienst befindet (sogenannte Serverlogfiles).\nZu den Zugriffsdaten gehören Name der abgerufenen Webseite, Datei, Datum und Uhrzeit des Abrufs, übertragene Datenmenge, Meldung über erfolgreichen Abruf, Browsertyp nebst Version, das Betriebssystem des Nutzers, Referrer URL (die zuvor besuchte Seite), IP-Adresse und der anfragende Provider.<br>\n<br> Logfile-Informationen werden aus Sicherheitsgründen (z.B.\nzur Aufklärung von Missbrauchs- oder Betrugshandlungen) für die Dauer von maximal 7 Tagen gespeichert und danach gelöscht.\nDaten, deren weitere Aufbewahrung zu Beweiszwecken erforderlich ist, sind bis zur endgültigen Klärung des jeweiligen Vorfalls von der Löschung ausgenommen.\n</p>\nOnlinepräsenzen in sozialen Medien\n<p>Wir unterhalten Onlinepräsenzen innerhalb sozialer Netzwerke und Plattformen, um mit den dort aktiven Kunden, Interessenten und Nutzern kommunizieren und sie dort über unsere Leistungen informieren zu können.\nBeim Aufruf der jeweiligen Netzwerke und Plattformen gelten die Geschäftsbedingungen und die Datenverarbeitungsrichtlinien deren jeweiligen Betreiber.\n<br>\n<br> Soweit nicht anders im Rahmen unserer Datenschutzerklärung angegeben, verarbeiten wir die Daten der Nutzer sofern diese mit uns innerhalb der sozialen Netzwerke und Plattformen kommunizieren, z.B.\nBeiträge auf unseren Onlinepräsenzen verfassen oder uns Nachrichten zusenden.\n</p>\nVerwendung von Facebook Social Plugins\n<p>Wir nutzen auf Grundlage unserer berechtigten Interessen (d.h.\nInteresse an der Analyse, Optimierung und wirtschaftlichem Betrieb unseres Onlineangebotes im Sinne des Art.\n6 Abs.\n1 lit.\nf.\nDSGVO) Social Plugins (\"Plugins\") des sozialen Netzwerkes facebook.com, welches von der Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland betrieben wird (\"Facebook\").\nDie Plugins können Interaktionselemente oder Inhalte (z.B.\nVideos, Grafiken oder Textbeiträge) darstellen und sind an einem der Facebook Logos erkennbar (weißes \"f\" auf blauer Kachel, den Begriffen \"Like\", \"Gefällt mir\" oder einem \"Daumen hoch\"-Zeichen) oder sind mit dem Zusatz \"Facebook Social Plugin\" gekennzeichnet.\nDie Liste und das Aussehen der Facebook Social Plugins kann hier eingesehen werden: https://developers.facebook.com/docs/plugins/.<br>\n<br> Facebook ist unter dem Privacy-Shield-Abkommen zertifiziert und bietet hierdurch eine Garantie, das europäische Datenschutzrecht einzuhalten (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&amp;status=Active).<br>\n<br> Wenn ein Nutzer eine Funktion dieses Onlineangebotes aufruft, die ein solches Plugin enthält, baut sein Gerät eine direkte Verbindung mit den Servern von Facebook auf.\nDer Inhalt des Plugins wird von Facebook direkt an das Gerät des Nutzers übermittelt und von diesem in das Onlineangebot eingebunden.\nDabei können aus den verarbeiteten Daten Nutzungsprofile der Nutzer erstellt werden.\nWir haben daher keinen Einfluss auf den Umfang der Daten, die Facebook mit Hilfe dieses Plugins erhebt und informiert die Nutzer daher entsprechend unserem Kenntnisstand.<br>\n<br> Durch die Einbindung der Plugins erhält Facebook die Information, dass ein Nutzer die entsprechende Seite des Onlineangebotes aufgerufen hat.\nIst der Nutzer bei Facebook eingeloggt, kann Facebook den Besuch seinem Facebook-Konto zuordnen.\nWenn Nutzer mit den Plugins interagieren, zum Beispiel den Like Button betätigen oder einen Kommentar abgeben, wird die entsprechende Information von Ihrem Gerät direkt an Facebook übermittelt und dort gespeichert.\nFalls ein Nutzer kein Mitglied von Facebook ist, besteht trotzdem die Möglichkeit, dass Facebook seine IP-Adresse in Erfahrung bringt und speichert.\nLaut Facebook wird in Deutschland nur eine anonymisierte IP-Adresse gespeichert.<br>\n<br> Zweck und Umfang der Datenerhebung und die weitere Verarbeitung und Nutzung der Daten durch Facebook sowie die diesbezüglichen Rechte und Einstellungsmöglichkeiten zum Schutz der Privatsphäre der Nutzer, können diese den Datenschutzhinweisen von Facebook entnehmen: https://www.facebook.com/about/privacy/.<br>\n<br> Wenn ein Nutzer Facebookmitglied ist und nicht möchte, dass Facebook über dieses Onlineangebot Daten über ihn sammelt und mit seinen bei Facebook gespeicherten Mitgliedsdaten verknüpft, muss er sich vor der Nutzung unseres Onlineangebotes bei Facebook ausloggen und seine Cookies löschen.\nWeitere Einstellungen und Widersprüche zur Nutzung von Daten für Werbezwecke, sind innerhalb der Facebook-Profileinstellungen möglich: https://www.facebook.com/settings?tab=ads  oder über die US-amerikanische Seite http://www.aboutads.info/choices/  oder die EU-Seite http://www.youronlinechoices.com/.\nDie Einstellungen erfolgen plattformunabhängig, d.h.\nsie werden für alle Geräte, wie Desktopcomputer oder mobile Geräte übernommen.\n</p>\n<p> </p>\n<p>Vom Webseiteninhaber angepasst.<br>Erstellt mit Datenschutz-Generator.de von RA Dr.\nThomas Schwenke (21.05.18)</p> Impressum Datenschutzerklärung " created_at: - - &1 2018-10-18 22:19:15.932787303 Z updated_at: - - *1 service_id: - - 791
jonasr: 18/10/18 - 22:18
--- id: - - 679 name: - - Datenschutzerklärung url: - - gtrs-online.de/imdex.php?id=446 xpath: - - '' created_at: - - &1 2018-10-18 22:18:35.970013785 Z updated_at: - - *1 service_id: - - 791
jonasr: 18/10/18 - 22:17
--- id: - - 791 name: - - gtrs url: - - gtrs-online.de,osterspektakel.de created_at: - - &1 2018-10-18 22:17:06.950358375 Z updated_at: - - *1 wikipedia: - - ''
alireza: 18/10/18 - 16:43
--- id: - - 758 name: - - Alireza’s Weblog url: - - alireza.one created_at: - - &1 2018-10-18 16:43:56.869519954 Z updated_at: - - *1 wikipedia: - - ''
Vincent (Mr. 404): 18/10/18 - 16:30
updated
--- status: - pending - approved updated_at: - 2018-10-18 11:39:11.491582000 Z - 2018-10-18 16:30:51.356077919 Z
Vincent (Mr. 404): 18/10/18 - 16:30
updated
--- status: - pending - approved updated_at: - 2018-10-18 11:33:00.386809000 Z - 2018-10-18 16:30:08.903189268 Z
Vincent (Mr. 404): 18/10/18 - 16:29
--- text: - |- <ul> <li>Download</li> <li>Games<ul> <li>Nitro</li> <li>Game Directory</li> </ul> </li> <li>Jobs</li> <li>Developers<ul> <li>Rich Presence</li> <li>Verification</li> <li>Developer Portal</li> <li>Documentation</li> </ul> </li> <li>Community<ul> <li>Open Source</li> <li>Partners</li> <li>HypeSquad</li> <li>Guidelines</li> </ul> </li> <li>Support<ul> <li>Help &amp. Support</li> <li>Status</li> <li>Parent's Guide</li> <li>Security</li> </ul> </li> </ul> <ul> <li> <li> <li> <li>Login</li> <ul> <li>English, USA</li> <li>繁體中文</li> <li>Français</li> <li>Deutsch</li> <li>Italiano</li> <li>日本語</li> <li>한국어</li> <li>Português do Brasil</li> <li>Русский</li> <li>Español</li> </ul> </ul> <ul> <li>Download</li> <li>Games</li> <li>Jobs</li> <li>Developers</li> <li>Community</li> <li>Support</li> <ul> <li>English, USA</li> <li>繁體中文</li> <li>Français</li> <li>Deutsch</li> <li>Italiano</li> <li>日本語</li> <li>한국어</li> <li>Português do Brasil</li> <li>Русский</li> <li>Español</li> </ul> </ul> <p>Hey there! These are our new Terms of Service that we're putting in place with the launch of the Discord store! If you're signing up for a new account, purchasing a game, downloading a game, or subscribing to Nitro, these Terms apply to you. For everyone else, these Terms will go into effect on October 23, 2018.</p>Discord Terms of Service<p> Last modified: October 16, 2018.</p> <p> IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.</p>INTRODUCTION AND ACCEPTING THE TERMS<p> Welcome to Discord! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://discordapp.com/privacy (“Privacy Policy”), are a legal agreement between Discord Inc. and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your”). By using or accessing the Discord application (the “App”) or the website located at https://discordapp.com (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.</p> <p> The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Discord. If the changes affect your usage of Discord or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.</p>RIGHTS TO USE THE SERVICE<p> The Service provides a chat and social platform. The Service may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, dissemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.</p> <p> The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.</p>YOUR ACCOUNT<p> You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the Service may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.</p>COMMUNICATIONS<p> You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send you messages you don’t want.</p> <p> By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Discord provides to you electronically satisfy any legal requirements that such communications be in writing.</p> <p> You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at support@discordapp.com.</p>INTELLECTUAL PROPERTY RIGHTS<p> All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.</p>YOUR CONTENT<p> Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing abuse@discordapp.com.</p>RULES OF CONDUCT AND USAGE<p> The Service provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in connection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in order to:</p> <ul> <li>post, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;</li> <li>defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;</li> <li>engage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;</li> <li>upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;</li> <li>violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);</li> <li>attempt to obtain passwords or other private information from other members;</li> <li>improperly use support channels or complaint buttons to make false reports to us;</li> <li>develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements. or</li> <li>exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage. violate any applicable laws or regulations. or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.</li> </ul> <p> These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.</p>FEEDBACK<p> We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.</p> <p> By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.</p> <p> All rights in this section are granted without the need for additional compensation of any sort to you.</p>THIRD-PARTY CONTENT<p> We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.</p>USER DISPUTES<p> You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Service.</p>COPYRIGHT<p> <u>Copyright Complaints</u>. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at copyright@discordapp.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro Street #200, San Francisco, CA 94107.To be effective, the notification must be in writing and contain the following information:</p> <ul> <li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;</li> <li>a description of the copyrighted work or other intellectual property that you claim has been infringed;</li> <li>a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;</li> <li>your address, telephone number, and email address;</li> <li>a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;</li> <li>a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.</li> </ul> <p> If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.</p> <p> <u>Counter-Notice</u>. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:</p> <ul> <li>your physical or electronic signature;</li> <li>identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;</li> <li>a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content. and</li> <li>your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.</li> </ul> <p> If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p> <p> <u>Repeat Infringer Policy</u>. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.</p>TERMINATION<p> You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.</p>DISCLAIMER OF WARRANTY<p> THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.</p>LIMITATION OF LIABILITY<p> TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p> <p> You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.</p>INDEMNIFICATION<p> You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service. (ii) your violation of any term of these Terms. (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement. or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password</p>VIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALE<p> We will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services. For additional terms regarding our Nitro subscription service, please see the “Nitro Subscriptions” section below.</p> <p> The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.</p> <p> <u>Product Descriptions</u>. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Discord reserves the right, with or without prior notice, to: change descriptions or references to products and/or services. limit the available quantity of any product or service. honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions. and/or refuse to provide any visitor to, or use of the Service with any product or service.</p> <p> <u>Availability and Pricing</u>. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available and cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely manner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is higher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such cancellation.</p> <p> <u>Payments</u>. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third party app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an order, you authorize Discord, or its designated payment processor, to charge the account you specify for the purchase amount.</p> <p> We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or regulations. (ii) if you use the Service in breach of these Terms. (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment. (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses. or (v) failure to cooperate in an investigation or provide additional information when requested.</p> <p> <u>Refunds</u>. You can find our refund policy here: https://support.discordapp.com/hc/en-us/articles/360012668071</p> <p> <u>Taxes</u>. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.</p> <p> <u>International Orders</u>. You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the products from the United States.</p> <p> <u>Manufacturer EULAs and Other Terms</u>. You may be required to accept an end user license agreement (EULA) or other terms provided by the manufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered.</p>NITRO SUBSCRIPTIONS<p> <u>Recurring Billing</u>. By purchasing a Nitro subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly) basis for the applicable Nitro subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the Nitro subscription service. Your payment to Discord will automatically renew at the end of your applicable subscription period, unless you cancel your subscription before the end of the current subscription period.</p> <p> <u>Price Changes</u>. Discord may change the price for Nitro subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Nitro subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use Nitro after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Nitro prior to the price change going into effect. We don’t want to charge you for something you don’t want, though, so if you cancel within 14 days of any price increases, we’ll provide you a refund.</p> <p> <u>Cancellation</u>. You may cancel your Nitro subscription at any time, and you will continue to have access to Nitro through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. To cancel, go to the "User Settings" screen in the Discord desktop or mobile app and follow the instructions for cancellation.</p>DISPUTE RESOLUTION<p> PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.</p> <p> You and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.</p> <p> Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Discord by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.</p> <p> The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.</p> <p> Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.</p> <p> Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California. Discord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.</p> <p> The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.</p> <p> To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration provision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.</p> <p> If Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator. You or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Discord with advance notice by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.</p> <p> <u>Opt-Out Right</u>. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Discord by email to arbitration-opt-out@discord.com. The notice must be sent within 30 days of this Terms of Service taking effect, or your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.</p> <p> <u>Survival</u>. This Arbitration section shall survive any termination of your account or the Service.</p>CLASS WAIVER<p> PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.</p> <p> Discord and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers.</p> <p> If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California. This Class Action Waiver section shall survive any termination of your account or the Services.</p>INTERNATIONAL USE. EXPORT CONTROLS<p> Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.</p>IOS APPLICATIONS<p> The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):</p> <ul> <li>You acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”).</li> <li>Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.</li> <li>The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.</li> <li>You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.</li> <li>You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.</li> <li>You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.</li> <li>You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).</li> <li>The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.</li> </ul>GENERAL<p> <u>Governing Law</u>. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company.</p> <p> Any claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.</p> <p> <u>Injunctive and Other Equitable Relief</u>. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.</p> <p> <u>Entire Agreement</u>. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.</p> <p> <u>Waiver</u>. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.</p> <p> <u>Severability</u>. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.</p> <p> <u>Course of Conduct/Trade Practice</u>. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.</p> <p> <u>Assignment</u>. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.</p> <p> <u>Documentation of Compliance</u>. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.</p> <p> <u>Interpretation</u>. You agree that these Terms will not be construed against the Company by virtue of having drafted them.</p> <p> <u>Defenses Based on Electronic Form of These Terms</u>. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.</p> <p> <u>Survival</u>. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.</p> <p> <u>Contact</u>. If you have any questions about these Terms, please contact privacy@discord.com.</p> <p> Discord is made possible through the work of other open source software.</p>ProductDownloadBrandingNitroGame DirectoryDevelopersApplicationsDocumentationVerificationRich PresenceResourcesHelp &amp. SupportGuidelinesFeedbackTermsPrivacyStatusCompanyAboutBlogJobsMorePartnersHypeSquadMerch StorePress InquiriesOpen SourceReady to try Discord? It's free!JOIN OVER 150 MILLION PLAYERS TODAYSign Up Now - updated_at: - 2018-10-18 16:29:42.877293897 Z - 2018-10-18 16:29:43.337286016 Z
Vincent (Mr. 404): 18/10/18 - 16:29
--- name: - Terms of Service - Terms of Service (deprecated, should be removed) url: - https://discordapp.com/terms?workaroundForDuplicateUrls - 'https://github.com/tosdr/tosback2/blob/master/crawl_reviewed/discordapp.com/Terms.txt ' xpath: - "//div[@class='page-guidelines']" - '' updated_at: - 2018-10-18 16:27:51.523961000 Z - 2018-10-18 16:29:42.877293897 Z
Vincent (Mr. 404): 18/10/18 - 16:27
--- text: - |2 Skip to content <ul> <li> Features </li> <li> Business </li> <li> Explore </li> <li> Marketplace </li> <li> Pricing </li> </ul> <ul> <li> In this repository All GitHub ↵ Jump to ↵ </li> </ul> <ul> <li> No suggested jump to results </li> </ul> <ul> <li> </li> </ul> Sign in or Sign up <ul> <li> Watch 18 </li> <li> Star 83 </li> <li> Fork 34 </li> </ul> tosdr/<strong>tosback2</strong> forked from pde/tosback2 Code Issues 12 Pull requests 0 Projects 0 Wiki Insights Permalink Dismiss Join GitHub today <p>GitHub is home to over 28 million developers working together to host and review code, manage projects, and build software together.</p> Sign up <i>Branch:</i> master Switch branches/tags <ul> <li> Branches </li> <li> Tags </li> </ul> itunes-archived-demo json_format master staged_changes Nothing to show Nothing to show Find file Copy path tosback2/crawl_reviewed/discordapp.com/<strong>Terms.txt</strong> caccfe9 Oct 13, 2018 ToSBackCrawler changes for reviewed docs <strong>2</strong> contributors Users who have contributed to this file <ul> <li> ToSBackCrawler </li> <li> michielbdejong </li> </ul> Raw Blame History 230 lines (229 sloc) 31.2 KB &amp;lt;iframe src="https://www.googletagmanager.com/ns.html?id=GTM-N7BVC2W&amp;amp;gtm_auth=GI0g9O-54_SitcgmxQKxlA&amp;amp;gtm_preview=env-2&amp;amp;gtm_cookies_win=x" height="0" width="0" style="display:none;visibility:hidden"&amp;gt;&amp;lt;/iframe&amp;gt. &lt;ul&gt. &lt;li&gt;Download&lt;/li&gt. &lt;li&gt;Nitro&lt;/li&gt. &lt;li&gt;Jobs&lt;/li&gt. &lt;li&gt;Developers&lt;ul&gt. &lt;li&gt;Developer Portal&lt;/li&gt. &lt;li&gt;Rich Presence&lt;/li&gt. &lt;li&gt;Open Source&lt;/li&gt. &lt;/ul&gt. &lt;/li&gt. &lt;li&gt;Community&lt;ul&gt. &lt;li&gt;Partners&lt;/li&gt. &lt;li&gt;HypeSquad&lt;/li&gt. &lt;li&gt;Guidelines&lt;/li&gt. &lt;li&gt;Verification&lt;/li&gt. &lt;/ul&gt. &lt;/li&gt. &lt;li&gt;Blog&lt;/li&gt. &lt;li&gt;Support&lt;ul&gt. &lt;li&gt;Help &amp;amp. Support&lt;/li&gt. &lt;li&gt;Status&lt;/li&gt. &lt;li&gt;Parent's Guide&lt;/li&gt. &lt;li&gt;Security&lt;/li&gt. &lt;/ul&gt. &lt;/li&gt. &lt;/ul&gt. &lt;ul&gt. &lt;li&gt. &lt;li&gt. &lt;li&gt. &lt;li&gt;Login&lt;/li&gt. &lt;ul&gt. &lt;li&gt;English, USA&lt;/li&gt. &lt;li&gt;繁體中文&lt;/li&gt. &lt;li&gt;Français&lt;/li&gt. &lt;li&gt;Deutsch&lt;/li&gt. &lt;li&gt;Italiano&lt;/li&gt. &lt;li&gt;日本語&lt;/li&gt. &lt;li&gt;한국어&lt;/li&gt. &lt;li&gt;Português do Brasil&lt;/li&gt. &lt;li&gt;Русский&lt;/li&gt. &lt;li&gt;Español&lt;/li&gt. &lt;/ul&gt. &lt;/ul&gt. &lt;ul&gt. &lt;li&gt;Download&lt;/li&gt. &lt;li&gt;Nitro&lt;/li&gt. &lt;li&gt;Jobs&lt;/li&gt. &lt;li&gt;Developers&lt;/li&gt. &lt;li&gt;Community&lt;/li&gt. &lt;li&gt;Blog&lt;/li&gt. &lt;li&gt;Support&lt;/li&gt. &lt;ul&gt. &lt;li&gt;English, USA&lt;/li&gt. &lt;li&gt;繁體中文&lt;/li&gt. &lt;li&gt;Français&lt;/li&gt. &lt;li&gt;Deutsch&lt;/li&gt. &lt;li&gt;Italiano&lt;/li&gt. &lt;li&gt;日本語&lt;/li&gt. &lt;li&gt;한국어&lt;/li&gt. &lt;li&gt;Português do Brasil&lt;/li&gt. &lt;li&gt;Русский&lt;/li&gt. &lt;li&gt;Español&lt;/li&gt. &lt;/ul&gt. &lt;/ul&gt;DISCORD TERMS OF SERVICE&lt;p&gt. Last modified: May 9, 2017.&lt;/p&gt;INTRODUCTION AND ACCEPTING THE TERMS&lt;p&gt. Welcome to Discord!&lt;/p&gt. &lt;p&gt. These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at discordapp.com/privacy (“Privacy Policy”), are a legal agreement between Discord Inc. and its related companies (the “Company” or "we") and you ("you"). By using or accessing the Discord application (the “App”) or the website located at https://discordapp.com (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.&lt;/p&gt. &lt;p&gt. The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective seven (7) days following posting on the Service, and your continued use of the Service after the effective date will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.&lt;/p&gt;RIGHTS TO USE THE SERVICE&lt;p&gt. The Service provides a social online and mobile chat platform via the App and related Internet services. The Service may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.&lt;/p&gt. &lt;p&gt. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.&lt;/p&gt. &lt;p&gt. Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms.&lt;/p&gt. &lt;p&gt. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.&lt;/p&gt;FEES&lt;p&gt. We will not charge you a fee to use the basic functionality of the Service. However, you may have to pay a fee to use certain features of the Service or to obtain Virtual Currency or Virtual Goods (as defined and discussed further below).&lt;/p&gt. &lt;p&gt. The price for utilizing these features or obtaining such Virtual Currency or Virtual Goods will be displayed on the App. We may also require you to pay any amounts due via a third party payment service. Payments of such fees will be governed by your app store’s or such third party’s terms applicable to in-app purchases. You agree to comply with all such terms and other requirements of your app store or such third party.&lt;/p&gt. &lt;p&gt. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.&lt;/p&gt;YOUR ACCOUNT&lt;p&gt. You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service.&lt;/p&gt. &lt;p&gt. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features.&lt;/p&gt. &lt;p&gt. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the Service may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends.&lt;/p&gt. &lt;p&gt. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.&lt;/p&gt;COMMUNICATIONS&lt;p&gt. We may communicate with you by email or posting notice via the Service. You agree to receive email from us at the email address you provided to us for customer service-related purposes. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.&lt;/p&gt. &lt;p&gt. You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at support@discordapp.com.&lt;/p&gt;INTELLECTUAL PROPERTY RIGHTS&lt;p&gt. All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials", are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).&lt;/p&gt. &lt;p&gt. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.&lt;/p&gt;YOUR CONTENT&lt;p&gt. Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available.&lt;/p&gt. &lt;p&gt. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service.&lt;/p&gt. &lt;p&gt. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content.&lt;/p&gt. &lt;p&gt. The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing abuse@discordapp.com.&lt;/p&gt;VIRTUAL CURRENCIES AND VIRTUAL GOODS&lt;p&gt. The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.&lt;/p&gt;RULES OF CONDUCT AND USAGE&lt;p&gt. The Service provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in connection with providing the Service.&lt;/p&gt. &lt;p&gt. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.&lt;/p&gt. &lt;p&gt. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.&lt;/p&gt. &lt;p&gt. As an example, you agree not to use the Service in order to:&lt;/p&gt. &lt;ul&gt. &lt;li&gt;post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable as outlined in our Community Guidelines;&lt;/li&gt. &lt;li&gt;defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;&lt;/li&gt. &lt;li&gt;upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;&lt;/li&gt. &lt;li&gt;violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);&lt;/li&gt. &lt;li&gt;attempt to obtain passwords or other private information from other members;&lt;/li&gt. &lt;li&gt;improperly use support channels or complaint buttons to make false reports to us;&lt;/li&gt. &lt;li&gt;develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements;&lt;/li&gt. &lt;li&gt;exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage. or violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.&lt;/li&gt. &lt;/ul&gt. &lt;p&gt. These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.&lt;/p&gt;FEEDBACK&lt;p&gt. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the Service (“Feedback“ ) you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.&lt;/p&gt;THIRD-PARTY SERVICES&lt;p&gt. We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.&lt;/p&gt;TERMINATION&lt;p&gt. You may terminate your Account at any time and for any reason by sending an email to support@discordapp.com.&lt;/p&gt. &lt;p&gt. The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable and the Company is under no obligation to compensate you for any such loss.&lt;/p&gt;DISCLAIMER OF WARRANTY&lt;p&gt. THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.&lt;/p&gt;LIMITATION OF LIABILITY&lt;p&gt. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.&lt;/p&gt. &lt;p&gt. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100.. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.&lt;/p&gt. &lt;p&gt. You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.&lt;/p&gt;INDEMNIFICATION&lt;p&gt. You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service. (ii) your violation of any term of these Terms. (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement. or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password.&lt;/p&gt;INTERNATIONAL USE. EXPORT CONTROLS&lt;p&gt. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.&lt;/p&gt;IOS APPLICATIONS&lt;p&gt. The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): - You acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”). - Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service. - The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App. - You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App. - You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App. - You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. - You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App). - The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.&lt;/p&gt;USER DISPUTES&lt;p&gt. You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Service.&lt;/p&gt;COPYRIGHT&lt;p&gt. Copyright Complaints: The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below.&lt;/p&gt. &lt;p&gt. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at copyright@discordapp.com. Alternately, you may contact us by mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro St, Suite 200, San Francisco, CA 94107. To be effective, the notification must be in writing and contain the following information:&lt;/p&gt. &lt;ul&gt. &lt;li&gt;an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;&lt;/li&gt. &lt;li&gt;a description of the copyrighted work or other intellectual property that you claim has been infringed;&lt;/li&gt. &lt;li&gt;a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;&lt;/li&gt. &lt;li&gt;your address, telephone number, and email address;&lt;/li&gt. &lt;li&gt;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;&lt;/li&gt. &lt;li&gt;a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.&lt;/li&gt. &lt;/ul&gt. &lt;p&gt. Counter-Notice: If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:&lt;/p&gt. &lt;ul&gt. &lt;li&gt;your physical or electronic signature;&lt;/li&gt. &lt;li&gt;identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;&lt;/li&gt. &lt;li&gt;a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content. and&lt;/li&gt. &lt;li&gt;your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.&lt;/li&gt. &lt;/ul&gt. &lt;p&gt. If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.&lt;/p&gt. &lt;p&gt. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement&lt;/p&gt;GENERAL&lt;p&gt. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from these Terms or your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.&lt;/p&gt. &lt;p&gt. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.&lt;/p&gt. &lt;p&gt. You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.&lt;/p&gt. &lt;p&gt. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.&lt;/p&gt. &lt;p&gt. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.&lt;/p&gt;Discord is made possible through the work of other  open source software.ProductFeaturesDownloadBrandingNitroDevelopersApplicationsDocumentationStatusVerificationResourcesHelp &amp;amp. SupportGuidelinesFeedbackTermsPrivacyCompanyAboutBlogJobsMorePartnersHypeSquadMerch StorePress InquiriesOpen SourceReady to try Discord? It's free!JOIN OVER 150 MILLION PLAYERS TODAYSign Up Now <ul> <li>Copy lines</li> <li>Copy permalink</li> <li>View git blame</li> <li>Open new issue</li> </ul> Go <ul> <li>© 2018 GitHub, Inc.</li> <li>Terms</li> <li>Privacy</li> <li>Security</li> <li>Status</li> <li>Help</li> </ul> <ul> <li>Contact GitHub</li> <li>Pricing</li> <li>API</li> <li>Training</li> <li>Blog</li> <li>About</li> </ul> You can’t perform that action at this time. You signed in with another tab or window. Reload to refresh your session. You signed out in another tab or window. Reload to refresh your session. Press h to open a hovercard with more details. - |- <ul> <li>Download</li> <li>Games<ul> <li>Nitro</li> <li>Game Directory</li> </ul> </li> <li>Jobs</li> <li>Developers<ul> <li>Rich Presence</li> <li>Verification</li> <li>Developer Portal</li> <li>Documentation</li> </ul> </li> <li>Community<ul> <li>Open Source</li> <li>Partners</li> <li>HypeSquad</li> <li>Guidelines</li> </ul> </li> <li>Support<ul> <li>Help &amp. Support</li> <li>Status</li> <li>Parent's Guide</li> <li>Security</li> </ul> </li> </ul> <ul> <li> <li> <li> <li>Login</li> <ul> <li>English, USA</li> <li>繁體中文</li> <li>Français</li> <li>Deutsch</li> <li>Italiano</li> <li>日本語</li> <li>한국어</li> <li>Português do Brasil</li> <li>Русский</li> <li>Español</li> </ul> </ul> <ul> <li>Download</li> <li>Games</li> <li>Jobs</li> <li>Developers</li> <li>Community</li> <li>Support</li> <ul> <li>English, USA</li> <li>繁體中文</li> <li>Français</li> <li>Deutsch</li> <li>Italiano</li> <li>日本語</li> <li>한국어</li> <li>Português do Brasil</li> <li>Русский</li> <li>Español</li> </ul> </ul> <p>Hey there! These are our new Terms of Service that we're putting in place with the launch of the Discord store! If you're signing up for a new account, purchasing a game, downloading a game, or subscribing to Nitro, these Terms apply to you. For everyone else, these Terms will go into effect on October 23, 2018.</p>Discord Terms of Service<p> Last modified: October 16, 2018.</p> <p> IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.</p>INTRODUCTION AND ACCEPTING THE TERMS<p> Welcome to Discord! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://discordapp.com/privacy (“Privacy Policy”), are a legal agreement between Discord Inc. and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your”). By using or accessing the Discord application (the “App”) or the website located at https://discordapp.com (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.</p> <p> The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Discord. If the changes affect your usage of Discord or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.</p>RIGHTS TO USE THE SERVICE<p> The Service provides a chat and social platform. The Service may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, dissemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.</p> <p> The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.</p>YOUR ACCOUNT<p> You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the Service may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.</p>COMMUNICATIONS<p> You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send you messages you don’t want.</p> <p> By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Discord provides to you electronically satisfy any legal requirements that such communications be in writing.</p> <p> You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at support@discordapp.com.</p>INTELLECTUAL PROPERTY RIGHTS<p> All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.</p>YOUR CONTENT<p> Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing abuse@discordapp.com.</p>RULES OF CONDUCT AND USAGE<p> The Service provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in connection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in order to:</p> <ul> <li>post, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;</li> <li>defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;</li> <li>engage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;</li> <li>upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;</li> <li>violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);</li> <li>attempt to obtain passwords or other private information from other members;</li> <li>improperly use support channels or complaint buttons to make false reports to us;</li> <li>develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements. or</li> <li>exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage. violate any applicable laws or regulations. or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.</li> </ul> <p> These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.</p>FEEDBACK<p> We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.</p> <p> By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.</p> <p> All rights in this section are granted without the need for additional compensation of any sort to you.</p>THIRD-PARTY CONTENT<p> We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.</p>USER DISPUTES<p> You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Service.</p>COPYRIGHT<p> <u>Copyright Complaints</u>. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at copyright@discordapp.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro Street #200, San Francisco, CA 94107.To be effective, the notification must be in writing and contain the following information:</p> <ul> <li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;</li> <li>a description of the copyrighted work or other intellectual property that you claim has been infringed;</li> <li>a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;</li> <li>your address, telephone number, and email address;</li> <li>a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;</li> <li>a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.</li> </ul> <p> If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.</p> <p> <u>Counter-Notice</u>. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:</p> <ul> <li>your physical or electronic signature;</li> <li>identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;</li> <li>a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content. and</li> <li>your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.</li> </ul> <p> If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p> <p> <u>Repeat Infringer Policy</u>. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.</p>TERMINATION<p> You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.</p>DISCLAIMER OF WARRANTY<p> THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.</p>LIMITATION OF LIABILITY<p> TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p> <p> You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.</p>INDEMNIFICATION<p> You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service. (ii) your violation of any term of these Terms. (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement. or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password</p>VIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALE<p> We will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services. For additional terms regarding our Nitro subscription service, please see the “Nitro Subscriptions” section below.</p> <p> The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.</p> <p> <u>Product Descriptions</u>. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Discord reserves the right, with or without prior notice, to: change descriptions or references to products and/or services. limit the available quantity of any product or service. honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions. and/or refuse to provide any visitor to, or use of the Service with any product or service.</p> <p> <u>Availability and Pricing</u>. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available and cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely manner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is higher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such cancellation.</p> <p> <u>Payments</u>. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third party app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an order, you authorize Discord, or its designated payment processor, to charge the account you specify for the purchase amount.</p> <p> We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or regulations. (ii) if you use the Service in breach of these Terms. (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment. (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses. or (v) failure to cooperate in an investigation or provide additional information when requested.</p> <p> <u>Refunds</u>. You can find our refund policy here: https://support.discordapp.com/hc/en-us/articles/360012668071</p> <p> <u>Taxes</u>. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.</p> <p> <u>International Orders</u>. You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the products from the United States.</p> <p> <u>Manufacturer EULAs and Other Terms</u>. You may be required to accept an end user license agreement (EULA) or other terms provided by the manufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered.</p>NITRO SUBSCRIPTIONS<p> <u>Recurring Billing</u>. By purchasing a Nitro subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly) basis for the applicable Nitro subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the Nitro subscription service. Your payment to Discord will automatically renew at the end of your applicable subscription period, unless you cancel your subscription before the end of the current subscription period.</p> <p> <u>Price Changes</u>. Discord may change the price for Nitro subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Nitro subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use Nitro after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Nitro prior to the price change going into effect. We don’t want to charge you for something you don’t want, though, so if you cancel within 14 days of any price increases, we’ll provide you a refund.</p> <p> <u>Cancellation</u>. You may cancel your Nitro subscription at any time, and you will continue to have access to Nitro through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. To cancel, go to the "User Settings" screen in the Discord desktop or mobile app and follow the instructions for cancellation.</p>DISPUTE RESOLUTION<p> PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.</p> <p> You and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.</p> <p> Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Discord by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.</p> <p> The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.</p> <p> Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.</p> <p> Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California. Discord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.</p> <p> The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.</p> <p> To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration provision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.</p> <p> If Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator. You or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Discord with advance notice by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.</p> <p> <u>Opt-Out Right</u>. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Discord by email to arbitration-opt-out@discord.com. The notice must be sent within 30 days of this Terms of Service taking effect, or your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.</p> <p> <u>Survival</u>. This Arbitration section shall survive any termination of your account or the Service.</p>CLASS WAIVER<p> PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.</p> <p> Discord and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers.</p> <p> If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California. This Class Action Waiver section shall survive any termination of your account or the Services.</p>INTERNATIONAL USE. EXPORT CONTROLS<p> Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.</p>IOS APPLICATIONS<p> The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):</p> <ul> <li>You acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”).</li> <li>Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.</li> <li>The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.</li> <li>You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.</li> <li>You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.</li> <li>You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.</li> <li>You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).</li> <li>The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.</li> </ul>GENERAL<p> <u>Governing Law</u>. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company.</p> <p> Any claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.</p> <p> <u>Injunctive and Other Equitable Relief</u>. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.</p> <p> <u>Entire Agreement</u>. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.</p> <p> <u>Waiver</u>. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.</p> <p> <u>Severability</u>. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.</p> <p> <u>Course of Conduct/Trade Practice</u>. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.</p> <p> <u>Assignment</u>. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.</p> <p> <u>Documentation of Compliance</u>. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.</p> <p> <u>Interpretation</u>. You agree that these Terms will not be construed against the Company by virtue of having drafted them.</p> <p> <u>Defenses Based on Electronic Form of These Terms</u>. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.</p> <p> <u>Survival</u>. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.</p> <p> <u>Contact</u>. If you have any questions about these Terms, please contact privacy@discord.com.</p> <p> Discord is made possible through the work of other open source software.</p>ProductDownloadBrandingNitroGame DirectoryDevelopersApplicationsDocumentationVerificationRich PresenceResourcesHelp &amp. SupportGuidelinesFeedbackTermsPrivacyStatusCompanyAboutBlogJobsMorePartnersHypeSquadMerch StorePress InquiriesOpen SourceReady to try Discord? It's free!JOIN OVER 150 MILLION PLAYERS TODAYSign Up Now updated_at: - 2018-10-18 16:27:49.170569996 Z - 2018-10-18 16:27:51.523961116 Z
Vincent (Mr. 404): 18/10/18 - 16:27
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Vincent (Mr. 404): 18/10/18 - 16:27
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--- status: - approved - draft updated_at: - 2018-10-16 16:06:59.053237000 Z - 2018-10-18 16:27:04.166083066 Z
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Vincent (Mr. 404): 18/10/18 - 16:25
KMars: 18/10/18 - 13:29
--- id: - - 646 name: - - Apple Media Services Terms and Conditions url: - - https://www.apple.com/legal/internet-services/itunes/us/terms.html xpath: - - '' text: - - " <ul>\n<li> Open Menu Close Menu </li>\n<li> Apple </li>\n<li> Shopping Bag </li>\n</ul> Search apple.com Cancel <ul>\n<li> Apple </li>\n<li> Mac </li>\n<li> iPad </li>\n<li> iPhone </li>\n<li> Watch </li>\n<li> TV </li>\n<li> Music </li>\n<li> Support </li>\n<li>\n</li>\n<li> Shopping Bag </li>\n</ul> Cancel Quick Links <ul>\n<li> Find a Store </li>\n<li> Accessories </li>\n<li> iPod </li>\n<li> iOS </li>\n<li> Gift Cards </li>\n</ul>   Legal Open Menu Close Menu <ul>\n<li> Hardware </li>\n<li> Software </li>\n<li> Sales &amp.\nSupport </li>\n<li> Internet Services </li>\n<li> Intellectual Property </li>\n<li> More Resources </li>\n</ul> Apple Media Services Terms and Conditions <p>\n</p>\n<p>These terms and conditions create a contract between you and Apple (the “Agreement”).\nPlease read the Agreement carefully.\nTo confirm your understanding and acceptance of the Agreement, click “Agree.”</p>\n<p>A.\nINTRODUCTION TO OUR SERVICES</p>\n<p>This Agreement governs your use of Apple’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, apps (“Apps”), and other in-app services (“Content”).\nOur Services are: iTunes Store, App Store, Apple Books, Apple Music, and Apple News.\nOur Services are available for your use in your country of residence (“Home Country”).\nTo use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply).\nOur Services’ performance may be affected by these factors.</p>\n<p>B.\nUSING OUR SERVICES</p>\n<p>PAYMENTS, TAXES, AND REFUNDS</p>\n<p>You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Apple, and/or you and the entity providing the Content on our Services.\nHowever, if you are a customer of Apple Distribution International and you acquire an App or a book, Apple Distribution International is the merchant of record.\nthis means that you acquire the Content from Apple Distribution International, and it is licensed by the App Provider (as defined below) or book publisher.\nWhen you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions.\nIf you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to authenticate all Transactions using facial recognition.\nManage your password settings at any time by following these instructions: https://support.apple.com/en-us/HT204030.\nApple will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes.\nIf we cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information.\nIf you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability).\nIn accordance with local law, Apple may update information regarding your payment method if provided such information by your financial institution.\nFor details about how Transactions are billed, please visit http://support.apple.com/kb/HT5582.\nAll Transactions are final.\nContent prices may change at any time.\nIf technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple.\nFrom time to time, Apple may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Apple to a corresponding counterclaim.\nTerms related to Store Credit and gift cards/codes are available here: https://www.apple.com/legal/internet-services/itunes/giftcards/.</p>\n<p>APPLE ID</p>\n<p>Using our Services and accessing your Content requires an Apple ID.\nAn Apple ID is the account you use across Apple’s ecosystem.\nYour Apple ID is valuable, and you are responsible for maintaining its confidentiality and security.\nApple is not responsible for any losses arising from the unauthorized use of your Apple ID.\nPlease contact Apple if you suspect that your Apple ID has been compromised.</p>\n<p>You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an Apple ID and use our Services.\nApple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution.</p>\n<p>PRIVACY</p>\n<p>Your use of our Services is subject to Apple’s Privacy Policy, which is available at https://www.apple.com/legal/privacy/.</p>\n<p>SERVICES AND CONTENT USAGE RULES</p>\n<p>Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”).\nAny other use of the Services and Content is a material breach of this Agreement.\nApple may monitor your use of the Services and Content to ensure that you are following these Usage Rules.</p>\n<p>All Services:</p>\n<p>- You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the App Store Content section below).</p>\n<p>- Apple’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.</p>\n<p>- You can use Content from up to five different Apple IDs on each device.</p>\n<p>- It is your responsibility not to lose, destroy, or damage Content once downloaded.\nWe encourage you to back up your Content regularly.</p>\n<p>- You may not tamper with or circumvent any security technology included with the Services.</p>\n<p>- You may access our Services only using Apple’s software, and may not modify or use modified versions of such software.</p>\n<p>- Video Content requires an HDCP connection.</p>\n<p>iTunes Store Content:</p>\n<p>- You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices that you own or control.\nDRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers.</p>\n<p>- Content rentals are viewable on a single device at a time, and must be played within 30 days, and completed within 48 hours of the start of play (stopping, pausing or restarting does not extend this period).</p>\n<p>- You may burn an audio playlist to CD for listening purposes up to seven times (this limitation does not apply to DRM-free Content).</p>\n<p>App Store Content:</p>\n<p>- The term “App” includes apps, iMessage and Apple Watch apps, in-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in an app.</p>\n<p>- You can use Apps on any device that you own or control.</p>\n<p>- Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) may download and sync Apps for use by either (i) a single individual on one or more devices owned or controlled by an Enterprise.\nor (ii) multiple individuals on a single shared device owned or controlled by an Enterprise.\nFor the sake of clarity, each device used serially or collectively by multiple users requires a separate license.</p>\n<p>Apple Books Content:</p>\n<p>- You can use DRM-free Content on any compatible device that you own or control.\nDRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers.</p>\n<p>- You may not burn Apple Books Content to disk.</p>\n<p>Apple Music:</p>\n<p>- You can use an Individual Apple Music membership on up to 10 devices (only five of which can be computers).</p>\n<p>- An Individual Apple Music membership allows you to stream on a single device at a time.\na Family membership allows you or your Family members to stream on up to six devices at a time.</p>\n<p>REDOWNLOADS</p>\n<p>You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Apple ID (“Associated Devices”).\nYou can see Content types available for Redownload in your Home Country at https://support.apple.com/en-us/HT204632.\nContent may not be available for Redownload if that Content is no longer offered on our Services.</p>\n<p>Associated Devices Rules: You can have 10 devices (but only a maximum of 5 computers) signed in with your Apple ID at one time.\nEach computer must also be authorized using the same Apple ID (to learn more about authorization of computers, visit https://support.apple.com/en-us/HT201251).\nDevices can be associated with a different Apple ID once every 90 days.</p>\n<p>SUBSCRIPTIONS</p>\n<p>The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”).\nPaid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings.\nWe will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue.\nYou will be charged no more than 24 hours prior to the start of the latest Paid Subscription period.\nIf we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information.\nThis may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period.\nCertain Paid Subscriptions may offer a free trial prior to charging your payment method.\nIf you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.</p>\n<p>CONTENT AND SERVICE AVAILABILITY</p>\n<p>Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you.\nTo see the Content types available to you in your Home Country, go to the Services or visit https://support.apple.com/en-us/HT204411.</p>\n<p>NON-APPLE DEVICES</p>\n<p>If you use our Services on a non-Apple-branded device, you may not be able to access all features or Content types.\nTerms in this Agreement relating to unavailable features or Content types are not applicable to you.\nIf you later choose to access our Services from an Apple-branded device, you agree that all terms of this Agreement will apply to your use on such device.</p>\n<p>C.\nYOUR SUBMISSIONS TO OUR SERVICES</p>\n<p>Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork).\nYour use of such features must comply with the Submissions Guidelines below, which may be updated from time to time.\nIf you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature.\nYou hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and Apple internal purposes.\nApple may monitor and decide to remove or edit any submitted material.</p>\n<p>Submissions Guidelines: You may not use the Services to:</p>\n<p>- post any materials that you do not have permission, right or license to use;</p>\n<p>- post objectionable, offensive, unlawful, deceptive or harmful content;</p>\n<p>- post personal, private or confidential information belonging to others;</p>\n<p>- request personal information from a minor;</p>\n<p>- impersonate or misrepresent your affiliation with another person, or entity;</p>\n<p>- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;</p>\n<p>- plan or engage in any illegal, fraudulent, or manipulative activity.</p>\n<p>D.\nFAMILY SHARING</p>\n<p>The organizer of a Family (“Organizer”) must be 18 years or older and the parent or legal guardian of any Family member under age 13 or the equivalent minimum age in their Home Country (as set forth in the registration process).\nApple devices are required for access to all of the Family Sharing features.</p>\n<p>Purchase Sharing: Family Sharing’s Purchase Sharing feature allows you to share eligible Content with up to six members of a Family.\nThe Organizer invites other members to participate, and agrees to pay for all Transactions initiated by Family members.\nThe Organizer's payment method is used to pay for any Transaction initiated by a Family member (except when the Family member’s account has store credit, which is always used first).\nFamily members are acting as agents for the Organizer when the Organizer’s payment method is used.\nThe Organizer hereby agrees (1) to pay for such Transactions, and (2) that Transactions initiated by Family members are authorized.\nOrganizers are responsible for complying with their payment method contract, and assume all risk related to sharing access to the payment method with Family members.\nA receipt or invoice for any Family member Transaction is sent to the initiating Family member and the Organizer.</p>\n<p>Ask to Buy: Ask to Buy is a convenient feature that allows an Organizer to approve each Transaction initiated by a Family member under age 18 (or the equivalent age of majority in your Home Country).\nThe Organizer must be the parent or legal guardian of any Family member for whom Ask to Buy is activated.\nContent downloaded from Family members or acquired via redemption codes are not subject to Ask to Buy.</p>\n<p>Family Member changes: When a Family member leaves or is removed from the Family, the remaining Family members may no longer be able to access the former member’s Content, including Content acquired with the Organizer’s payment method.</p>\n<p>Family Sharing Rules: You can only belong to one Family at a time, and may join any Family no more than twice per year.\nYou can change the Apple ID you associate with a Family no more than once every 90 days.\nAll Family members must share the same Home Country.\nNot all Content, including In-App Purchases, subscriptions, and some previously acquired Apps, are eligible for Purchase Sharing.</p>\n<p>E.\nRECOMMENDATION FEATURES</p>\n<p>The Services will recommend Content to you based on your downloads, purchases and other activities.\nYou may opt out from receiving such recommendations in your account settings.</p>\n<p>Some recommendation features may require your permission before they are turned on.\nIf you turn on these features, you will be asked to give Apple permission to collect and store certain data, including but not limited to data about your device activity, location, and usage.\nPlease carefully read the information presented when you turn on these features.</p>\n<p>F.\nADDITIONAL ITUNES STORE TERMS</p>\n<p>SEASON PASS AND MULTI-PASS</p>\n<p>A Pass allows you to purchase and receive television Content as it becomes available.\nA Season Pass applies to television Content that has a limited number of episodes per season.\na Multi-Pass applies to television Content that is available on an ongoing basis.\nThe full price of a Season Pass or Multi-Pass is charged at the time of the Transaction.\nSeason Pass or Multi-Pass Content is available for download up to 90 days after the last episode becomes available.\nIf automatic renewal is selected when you obtain a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle.\nYou can turn off automatic renewal prior to the beginning of the next Multi-Pass cycle in your account settings.\nIf a Content provider delivers to Apple fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Apple ID the retail value of the corresponding number of episodes that were not provided to Apple.</p>\n<p>G.\nADDITIONAL APP STORE TERMS</p>\n<p>LICENSE OF APP STORE CONTENT</p>\n<p>App licenses are provided to you by Apple or a third party developer (“App Provider”).\nIf you are a customer of Apple Distribution International, the merchant of record is Apple Distribution International, which means that you acquire the App license from Apple Distribution International, but the App is licensed by the App Provider.\nAn App licensed by Apple is an “Apple App;” an App licensed by an App Provider is a “Third Party App.” Apple acts as an agent for App Providers in providing the App Store and is not a party to the sales contract or user agreement between you and the App Provider.\nAny App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Apple or the App Provider provides an overriding custom license agreement (“Custom EULA”).\nThe App Provider of any Third Party App is solely responsible for its content, warranties, and claims that you may have related to the Third Party App.\nYou acknowledge and agree that Apple is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement.\nCertain Apps, such as stickers and iMessage apps, may not appear on the device springboard but can be accessed and used in the Messages app drawer.</p>\n<p>IN-APP PURCHASES</p>\n<p>Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”).\nIn-App Purchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among devices and can be downloaded only once.\nYou must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or using Touch ID or Face ID.\nYou will be able to make additional In-App Purchases for fifteen minutes without re-authenticating unless you’ve asked us to require a password for every purchase or have enabled Touch ID or Face ID.\nYou can turn off the ability to make In-App Purchases by following these instructions: https://support.apple.com/en-us/HT201304.</p>\n<p>APP MAINTENANCE AND SUPPORT</p>\n<p>Apple is responsible for providing maintenance and support for Apple Apps only, or as required under applicable law.\nApp Providers are responsible for providing maintenance and support for Third Party Apps.</p>\n<p>APP BUNDLES</p>\n<p>Some Apps may be sold together as a bundle (“App Bundle”).\nThe price displayed with an App Bundle is the price you will be charged upon purchasing the App Bundle.\nThe App Bundle price may be reduced to account for Apps you have already purchased or acquired, but may include a minimum charge to complete the App Bundle.</p>\n<p>LICENSED APPLICATION END USER LICENSE AGREEMENT</p>\n<p>Apps made available through the App Store are licensed, not sold, to you.\nYour license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided.\nYour license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App.\nAny App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.</p>\n<p>a.\nScope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules.\nThe terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA.\nExcept as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.\nYou may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so.\nYou may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).</p>\n<p>b.\nConsent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.\nLicensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.</p>\n<p>c.\nTermination.\nThis Standard EULA is effective until terminated by you or Licensor.\nYour rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.</p>\n<p>d.\nExternal Services.\nThe Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, \"External Services\").\nYou agree to use the External Services at your sole risk.\nLicensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.\nData displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.\nYou will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party.\nYou agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use.\nExternal Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location.\nTo the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.\nLicensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.</p>\n<p>e.\nNO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK.\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED \"AS IS\" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.\nNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.\nSHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.</p>\n<p>f.\nLimitation of Liability.\nTO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\nSOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.\nIn no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).\nThe foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</p>\n<p>g.\nYou may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.\nIn particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S.\nTreasury Department's Specially Designated Nationals List or the U.S.\nDepartment of Commerce Denied Persons List or Entity List.\nBy using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list.\nYou also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.</p>\n<p>h.\nThe Licensed Application and related documentation are \"Commercial Items\", as that term is defined at 48 C.F.R.\n§2.101, consisting of \"Commercial Computer Software\" and \"Commercial Computer Software Documentation\", as such terms are used in 48 C.F.R.\n§12.212 or 48 C.F.R.\n§227.7202, as applicable.\nConsistent with 48 C.F.R.\n§12.212 or 48 C.F.R.\n§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S.\nGovernment end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.\nUnpublished-rights reserved under the copyright laws of the United States.</p>\n<p>i.\nExcept to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions.\nYou and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.\nIf (a) you are not a U.S.\ncitizen.\n(b) you do not reside in the U.S..\n(c) you are not accessing the Service from the U.S..\nand (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:</p>\n<p>If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.</p>\n<p>Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.</p>\n<p>H.\nADDITIONAL APPLE BOOKS TERMS</p>\n<p>You acquire Apple Books Content from the third-party provider of such Content (the “Publisher”), not Apple.\nApple acts as an agent for the Publisher in providing Apple Books Content to you, and therefore Apple is not a party to the Transaction between you and the Publisher.\nIf you are a customer of Apple Distribution International, the merchant of record is Apple Distribution International, which means that you acquire a license to use the Content from Apple Distribution International, but the Content is licensed by the Publisher.\nThe Publisher of the Apple Books Content reserves the right to enforce the terms of use relating to such Apple Books Content.\nThe Publisher of the Apple Books Content is solely responsible for such Content, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Content.</p>\n<p>I.\nADDITIONAL APPLE MUSIC TERMS</p>\n<p>APPLE MUSIC MEMBERSHIP</p>\n<p>Apple Music is a subscription music service.\nYour Apple Music membership will automatically renew until you turn off automatic renewal in account settings.\nSee the “Subscriptions” section for more details.\nWhen your Apple Music membership ends, you will lose access to any feature of Apple Music that requires a membership, including but not limited to access to Apple Music songs stored on your device, and iCloud Music Library.\nApple reserves the right to cancel your Apple Music membership if we are unable to successfully charge your payment method to renew your membership.</p>\n<p>Where available, you may be offered an Apple Music membership through your wireless carrier (a “Carrier Membership”).\nIf you purchase a Carrier Membership, your carrier will bill you for the cost of your Apple Music membership.\nYour billing relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership must be directed to your carrier, not Apple.\nBy using Apple Music, you agree that your carrier may exchange your carrier account information, telephone number and subscription information with Apple, and that Apple may use this information to determine the status of your Carrier Membership.</p>\n<p>ICLOUD MUSIC LIBRARY</p>\n<p>iCloud Music Library is an Apple Music feature that allows you to access your matched or uploaded songs, playlists and music videos acquired from Apple Music, the iTunes Store or a third party (“iCloud Music Library Content”) on your Apple Music-enabled devices.\niCloud Music Library is turned on automatically when you set up your Apple Music membership.\niCloud Music Library collects information about your iCloud Music Library Content.\nThis information is associated with your Apple ID, and compared to iCloud Music Library Content currently available on Apple Music.\niCloud Music Library Content that is not matched is uploaded to Apple’s iCloud Music Library servers (in a format determined by Apple).\nYou can upload up to 100,000 songs.\nSongs acquired from the iTunes Store or Apple Music do not count against this limit.\nSongs that do not meet certain criteria (for example, excessively large files) or that are not authorized for your device are not eligible for iCloud Music Library.\nWhen you use iCloud Music Library, Apple logs information such as the tracks you play, stop or skip, the devices you use, and the time and duration of playback.\nYou agree to use iCloud Music Library only for lawfully acquired content.\niCloud Music Library is provided on an “AS IS” basis and could contain errors or inaccuracies.\nYou should back up your data and information prior to using iCloud Music Library.\nIf you are not an Apple Music member, you may purchase an iTunes Match subscription, which is subject to the terms set forth in this section.</p>\n<p>J.\nMISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES</p>\n<p>DEFINITION OF APPLE</p>\n<p>Depending on your Home Country, “Apple” means:</p>\n<p>Apple Inc., located at One Apple Park Way, Cupertino, California, for users in North, Central, and South America (including Canada for use of iTunes Store and Apple Music), as well as United States territories and possessions.\nand French and British possessions in North America, South America, and the Caribbean;</p>\n<p>Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users of App Store and Apple Books in Canada or its territories and possessions;</p>\n<p>iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;</p>\n<p>Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions.\nand</p>\n<p>Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.</p>\n<p>CONTRACT CHANGES</p>\n<p>Apple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services.\nSuch modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement.\nYour continued use of the Services will be deemed acceptance thereof.</p>\n<p>THIRD-PARTY MATERIALS</p>\n<p>Apple is not responsible or liable for third party materials included within or linked from the Content or the Services.</p>\n<p>INTELLECTUAL PROPERTY</p>\n<p>You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.\nYou agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement.\nNo portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement.\nYou agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.</p>\n<p>The Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S.\nand other countries throughout the world.\nYou are granted no right or license with respect to any of the aforesaid trademarks.</p>\n<p>COPYRIGHT NOTICE</p>\n<p>If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Apple at the following locations:</p>\n<p>- iTunes Store: https://www.apple.com/legal/internet-services/itunes/itunesstorenotices/</p>\n<p>- App Store: https://www.apple.com/legal/internet-services/itunes/appstorenotices/</p>\n<p>- Apple Books: https://www.apple.com/legal/internet-services/itunes/applebooksnotices/</p>\n<p>- Apple Music: https://www.apple.com/legal/trademark/claimsofcopyright.html</p>\n<p>TERMINATION AND SUSPENSION OF SERVICES</p>\n<p>If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple may, without notice to you: (i) terminate this Agreement and/or your Apple ID, and you will remain liable for all amounts due under your Apple ID up to and including the date of termination.\nand/or (ii) terminate your license to the software.\nand/or (iii) preclude your access to the Services.</p>\n<p>Apple further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights.</p>\n<p>DISCLAIMER OF WARRANTIES.\nLIABILITY LIMITATION</p>\n<p>APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.</p>\n<p>YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK.\nTHE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED \"AS IS\" AND \"AS AVAILABLE\" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.\nBECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.</p>\n<p>IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.\nBECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.</p>\n<p>APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE APPLE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.</p>\n<p>APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE APPLE FROM ANY LIABILITY RELATING THERETO.\nYOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.</p>\n<p>APPLE IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.</p>\n<p>WAIVER AND INDEMNITY</p>\n<p>BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.\nYOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.\nTHIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.</p>\n<p>STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS</p>\n<p>If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.</p>\n<p>GOVERNING LAW</p>\n<p>Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions.\nYou and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.\nIf (a) you are not a U.S.\ncitizen.\n(b) you do not reside in the U.S..\n(c) you are not accessing the Service from the U.S..\nand (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:</p>\n<p>If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.</p>\n<p>Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.</p>\n<p>OTHER PROVISIONS</p>\n<p>This Agreement constitutes the entire agreement between you and Apple and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Apple.\nYou also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program.\nIf any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.\nApple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.\nApple will not be responsible for failures to fulfill any obligations due to causes beyond its control.</p>\n<p>You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.\nYour use of the Services may also be subject to other laws.\nRisk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient.\nNo Apple employee or agent has the authority to vary this Agreement.</p>\n<p>Apple may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services.\nNotices shall become effective immediately.\nApple may also contact you by email or push notification to send you additional information about the Services.</p>\n<p>You hereby grant Apple the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.\nYou agree that Apple has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).</p>\n<p>Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.</p>\n<p>Last Updated: September 17, 2018</p> Apple Footer  Apple <ol>\n<li> Legal\n</li>\n<li> Internet Services\n</li>\n<li>\nApple Media Services\n</li>\n</ol> Hardware and Software Open Menu Close Menu <ul>\n<li>Hardware Warranties</li>\n<li>Software License Agreements</li>\n<li>RF Exposure</li>\n</ul> More Resources Open Menu Close Menu <ul>\n<li>Overview</li>\n<li>Government Information Requests</li>\n<li>Contact Apple Legal</li>\n<li>Global Trade Compliance</li>\n<li>Supplier Provisions</li>\n<li>Filemaker Legal Information</li>\n</ul> Sales &amp.\nSupport Open Menu Close Menu <ul>\n<li>Overview</li>\n<li>AppleCare</li>\n<li>Repair Terms and Conditions</li>\n<li>Express Replacement Service</li>\n<li>Remote Support Terms and Conditions</li>\n<li>Sales Policies</li>\n<li>Certification Agreements and Policies</li>\n<li>Training Service Terms and Conditions</li>\n<li>Support Communities Terms of Use</li>\n</ul> Internet Services Open Menu Close Menu <ul>\n<li>Overview</li>\n<li>Apple Media Services Terms and Conditions</li>\n<li>iTunes Gift Cards and Codes Terms and Conditions</li>\n<li>Game Center Terms and Conditions</li>\n<li>iCloud Terms of Service</li>\n<li>Privacy Policy</li>\n<li>Website Terms of Use</li>\n<li>iChat Account Terms of Service</li>\n<li>Print Services Sales Policies</li>\n<li>Print Services Terms of Use</li>\n</ul> Intellectual Property Open Menu Close Menu <ul>\n<li>Overview</li>\n<li>Guidelines for Using Apple Trademarks and Copyrights</li>\n<li>Trademarks</li>\n<li>Rights and Permissions</li>\n<li>Piracy Prevention</li>\n<li>Unsolicited Idea Submission Policy</li>\n</ul> Education Open Menu Close Menu <ul>\n<li>Apple School Manager</li>\n</ul> More ways to shop: Visit an Apple Store, call 1-800-MY-APPLE, or find a reseller.\nUnited States Copyright © 2018 Apple Inc.\nAll rights reserved.\nPrivacy Policy Terms of Use Sales and Refunds Legal Site Map " created_at: - - &1 2018-10-18 13:29:11.694123266 Z updated_at: - - *1 service_id: - - 757
KMars: 18/10/18 - 13:28
--- id: - - 757 name: - - Apple Media Services url: - - www.apple.com created_at: - - &1 2018-10-18 13:28:27.764897335 Z updated_at: - - *1 wikipedia: - - ''
eilidhmax: 18/10/18 - 11:39
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--- id: - - 4812 user_id: - - 902 title: - - This service forces users into binding arbitration in the case of disputes source: - - https://discordapp.com/terms status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2018-10-18 11:39:11.491582999 Z updated_at: - - *1 service_id: - - 536 quoteText: - - |- Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California. Discord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.</p> <p> The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.</p> <p> To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration provision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.</p> <p> If Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator. You or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Discord with advance notice by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107. case_id: - - 339 quoteStart: - - 33882 quoteEnd: - - 37304 document_id: - - 645
eilidhmax: 18/10/18 - 11:33
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--- id: - - 4811 user_id: - - 902 title: - - There is a date of the last update of the terms source: - - https://discordapp.com/terms status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2018-10-18 11:33:00.386809886 Z updated_at: - - *1 service_id: - - 536 quoteText: - - 'Last modified: October 16, 2018.' case_id: - - 331 quoteStart: - - 1336 quoteEnd: - - 1368 document_id: - - 645
eilidhmax: 18/10/18 - 11:30
--- id: - - 645 name: - - Terms of Service 16/10/2018 url: - - https://discordapp.com/terms xpath: - - "//div[@class='page-guidelines']" text: - - |- <ul> <li>Download</li> <li>Games<ul> <li>Nitro</li> <li>Game Directory</li> </ul> </li> <li>Jobs</li> <li>Developers<ul> <li>Rich Presence</li> <li>Verification</li> <li>Developer Portal</li> <li>Documentation</li> </ul> </li> <li>Community<ul> <li>Open Source</li> <li>Partners</li> <li>HypeSquad</li> <li>Guidelines</li> </ul> </li> <li>Support<ul> <li>Help &amp. Support</li> <li>Status</li> <li>Parent's Guide</li> <li>Security</li> </ul> </li> </ul> <ul> <li> <li> <li> <li>Login</li> <ul> <li>English, USA</li> <li>繁體中文</li> <li>Français</li> <li>Deutsch</li> <li>Italiano</li> <li>日本語</li> <li>한국어</li> <li>Português do Brasil</li> <li>Русский</li> <li>Español</li> </ul> </ul> <ul> <li>Download</li> <li>Games</li> <li>Jobs</li> <li>Developers</li> <li>Community</li> <li>Support</li> <ul> <li>English, USA</li> <li>繁體中文</li> <li>Français</li> <li>Deutsch</li> <li>Italiano</li> <li>日本語</li> <li>한국어</li> <li>Português do Brasil</li> <li>Русский</li> <li>Español</li> </ul> </ul> <p>Hey there! These are our new Terms of Service that we're putting in place with the launch of the Discord store! If you're signing up for a new account, purchasing a game, downloading a game, or subscribing to Nitro, these Terms apply to you. For everyone else, these Terms will go into effect on October 23, 2018.</p>Discord Terms of Service<p> Last modified: October 16, 2018.</p> <p> IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.</p>INTRODUCTION AND ACCEPTING THE TERMS<p> Welcome to Discord! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://discordapp.com/privacy (“Privacy Policy”), are a legal agreement between Discord Inc. and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your”). By using or accessing the Discord application (the “App”) or the website located at https://discordapp.com (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.</p> <p> The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Discord. If the changes affect your usage of Discord or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.</p>RIGHTS TO USE THE SERVICE<p> The Service provides a chat and social platform. The Service may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, dissemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.</p> <p> The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.</p>YOUR ACCOUNT<p> You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the Service may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.</p>COMMUNICATIONS<p> You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send you messages you don’t want.</p> <p> By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Discord provides to you electronically satisfy any legal requirements that such communications be in writing.</p> <p> You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at support@discordapp.com.</p>INTELLECTUAL PROPERTY RIGHTS<p> All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.</p>YOUR CONTENT<p> Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing abuse@discordapp.com.</p>RULES OF CONDUCT AND USAGE<p> The Service provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in connection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in order to:</p> <ul> <li>post, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;</li> <li>defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;</li> <li>engage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;</li> <li>upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;</li> <li>violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);</li> <li>attempt to obtain passwords or other private information from other members;</li> <li>improperly use support channels or complaint buttons to make false reports to us;</li> <li>develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements. or</li> <li>exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage. violate any applicable laws or regulations. or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.</li> </ul> <p> These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.</p>FEEDBACK<p> We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.</p> <p> By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.</p> <p> All rights in this section are granted without the need for additional compensation of any sort to you.</p>THIRD-PARTY CONTENT<p> We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.</p>USER DISPUTES<p> You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Service.</p>COPYRIGHT<p> <u>Copyright Complaints</u>. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at copyright@discordapp.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro Street #200, San Francisco, CA 94107.To be effective, the notification must be in writing and contain the following information:</p> <ul> <li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;</li> <li>a description of the copyrighted work or other intellectual property that you claim has been infringed;</li> <li>a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;</li> <li>your address, telephone number, and email address;</li> <li>a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;</li> <li>a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.</li> </ul> <p> If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.</p> <p> <u>Counter-Notice</u>. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:</p> <ul> <li>your physical or electronic signature;</li> <li>identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;</li> <li>a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content. and</li> <li>your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.</li> </ul> <p> If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p> <p> <u>Repeat Infringer Policy</u>. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.</p>TERMINATION<p> You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.</p>DISCLAIMER OF WARRANTY<p> THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.</p>LIMITATION OF LIABILITY<p> TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p> <p> You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.</p>INDEMNIFICATION<p> You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service. (ii) your violation of any term of these Terms. (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement. or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password</p>VIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALE<p> We will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services. For additional terms regarding our Nitro subscription service, please see the “Nitro Subscriptions” section below.</p> <p> The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.</p> <p> <u>Product Descriptions</u>. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Discord reserves the right, with or without prior notice, to: change descriptions or references to products and/or services. limit the available quantity of any product or service. honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions. and/or refuse to provide any visitor to, or use of the Service with any product or service.</p> <p> <u>Availability and Pricing</u>. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available and cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely manner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is higher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such cancellation.</p> <p> <u>Payments</u>. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third party app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an order, you authorize Discord, or its designated payment processor, to charge the account you specify for the purchase amount.</p> <p> We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or regulations. (ii) if you use the Service in breach of these Terms. (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment. (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses. or (v) failure to cooperate in an investigation or provide additional information when requested.</p> <p> <u>Refunds</u>. You can find our refund policy here: https://support.discordapp.com/hc/en-us/articles/360012668071</p> <p> <u>Taxes</u>. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.</p> <p> <u>International Orders</u>. You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the products from the United States.</p> <p> <u>Manufacturer EULAs and Other Terms</u>. You may be required to accept an end user license agreement (EULA) or other terms provided by the manufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered.</p>NITRO SUBSCRIPTIONS<p> <u>Recurring Billing</u>. By purchasing a Nitro subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly) basis for the applicable Nitro subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the Nitro subscription service. Your payment to Discord will automatically renew at the end of your applicable subscription period, unless you cancel your subscription before the end of the current subscription period.</p> <p> <u>Price Changes</u>. Discord may change the price for Nitro subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Nitro subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use Nitro after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Nitro prior to the price change going into effect. We don’t want to charge you for something you don’t want, though, so if you cancel within 14 days of any price increases, we’ll provide you a refund.</p> <p> <u>Cancellation</u>. You may cancel your Nitro subscription at any time, and you will continue to have access to Nitro through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. To cancel, go to the "User Settings" screen in the Discord desktop or mobile app and follow the instructions for cancellation.</p>DISPUTE RESOLUTION<p> PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.</p> <p> You and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.</p> <p> Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Discord by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.</p> <p> The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.</p> <p> Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.</p> <p> Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California. Discord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.</p> <p> The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.</p> <p> To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration provision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.</p> <p> If Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator. You or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Discord with advance notice by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.</p> <p> <u>Opt-Out Right</u>. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Discord by email to arbitration-opt-out@discord.com. The notice must be sent within 30 days of this Terms of Service taking effect, or your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.</p> <p> <u>Survival</u>. This Arbitration section shall survive any termination of your account or the Service.</p>CLASS WAIVER<p> PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.</p> <p> Discord and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers.</p> <p> If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California. This Class Action Waiver section shall survive any termination of your account or the Services.</p>INTERNATIONAL USE. EXPORT CONTROLS<p> Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.</p>IOS APPLICATIONS<p> The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):</p> <ul> <li>You acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”).</li> <li>Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.</li> <li>The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.</li> <li>You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.</li> <li>You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.</li> <li>You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.</li> <li>You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).</li> <li>The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.</li> </ul>GENERAL<p> <u>Governing Law</u>. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company.</p> <p> Any claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.</p> <p> <u>Injunctive and Other Equitable Relief</u>. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.</p> <p> <u>Entire Agreement</u>. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.</p> <p> <u>Waiver</u>. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.</p> <p> <u>Severability</u>. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.</p> <p> <u>Course of Conduct/Trade Practice</u>. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.</p> <p> <u>Assignment</u>. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.</p> <p> <u>Documentation of Compliance</u>. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.</p> <p> <u>Interpretation</u>. You agree that these Terms will not be construed against the Company by virtue of having drafted them.</p> <p> <u>Defenses Based on Electronic Form of These Terms</u>. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.</p> <p> <u>Survival</u>. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.</p> <p> <u>Contact</u>. If you have any questions about these Terms, please contact privacy@discord.com.</p> <p> Discord is made possible through the work of other open source software.</p>ProductDownloadBrandingNitroGame DirectoryDevelopersApplicationsDocumentationVerificationRich PresenceResourcesHelp &amp. SupportGuidelinesFeedbackTermsPrivacyStatusCompanyAboutBlogJobsMorePartnersHypeSquadMerch StorePress InquiriesOpen SourceReady to try Discord? It's free!JOIN OVER 150 MILLION PLAYERS TODAYSign Up Now created_at: - - &1 2018-10-18 11:30:21.419311329 Z updated_at: - - *1 service_id: - - 536
Birdie.L: 18/10/18 - 09:17
--- id: - - 644 name: - - Stackoverflow Terms of services url: - - https://www.stackoverflow.com/termsofservice xpath: - - '' created_at: - - &1 2018-10-18 09:17:26.913047046 Z updated_at: - - *1 service_id: - - 312
Drirton: 18/10/18 - 06:58
--- id: - - 643 name: - - Export Control Policy url: - - https://www.privateinternetaccess.com/pages/export-control-policy xpath: - - "/html/body/div[3]/div/div" text: - - |2 Export Control Policy IMPORTANT NOTICE ABOUT PERSONAL LIABILITY FOR PROHIBITED EXPORTS OF THIS SOFTWARE <br> <br> <p>This software contains sophisticated encryption features that make it a federal crime for you to do certain things with it, even inadvertently. Ignorance of these rules does not reduce your personal liability. Therefore please read the following guidelines carefully before accepting this software.</p> <br> <p>You may not 'export' this software to certain countries listed on the Commerce Control List, which currently includes;</p> <ul> <li> <strong>Cuba</strong> </li> <li> <strong>Iran</strong> </li> <li> <strong>Myanmar</strong> </li> <li> <strong>North Korea</strong> </li> <li> <strong>Sudan</strong> </li> <li> <strong>Syria</strong> </li> </ul> <br> Additionally, the Private Internet Access service or software cannot be used by the following people or organisations <ul> <li> <strong>Belarus:</strong> Persons undermining democratic processes or institutions (including President Alexander Lekashenko and other officials).</li> <li> <strong>Democratic Republic of the Congo:</strong> Persons contributing to the conflict in the Democratic Republic of the Congo</li> <li> <strong>Former Yugoslavia:</strong> Persons who threaten international stabilisation in the Western Balkans and some states of the former Yugoslavia.</li> <li> <strong>Iraq:</strong> Specific individuals and entities associated with the former Saddam Hussein regime, as well as persons who have committed, or pose a significant risk of committing acts of violence that threaten the peace or stability of Iraq or the Government of Iraq or undermine efforts to promote economic reconstruction and political reform in Iraq or make it more difficult for humanitarian workers to operate in Iraq.</li> <li> <strong>Lebanon:</strong> Persons who undermine the sovereignty of Lebanon or its democratic processes and institutions</li> <li> <strong>Libya:</strong> Persons associated with former leader Muammar Gaddafi's regime</li> <li> <strong>Russia:</strong> Persons believed to be responsible for the detention, abuse, and death of Sergei Magnitsky and other reported violations of human rights in Russia. Persons who undermine the peace, security, stability, territorial integrity and the democratic processes and institutions of Ukraine. Also persons administering areas of Ukraine without central government consent, also a number of senior Russian Officials close to President Vladimir Putin.</li> <li> <strong>Somalia:</strong> Persons contributing to the conflict in Somalia.</li> <li> <strong>Ukraine:</strong> Persons who undermine the peace, security, stability, territorial integrity and the democratic processes and institutions of Ukraine. Also persons administering areas of Ukraine without central government consent, also a number of senior Russian Officials close to President Vladimir Putin.</li> <li> <strong>Venezuela: </strong>Government officials linked to the 2014–15 Venezuelan protests and those who the US government alleges have committed human rights violations</li> <li> <strong>Yemen:</strong> Persons who threaten peace, security, or stability in Yemen.</li> <li> <strong>Zimbabwe:</strong> Persons who undermine democratic processes or institutions in Zimbabwe, including a number of Government Officials.</li> </ul> <br> <p>This list may change from time to time so please visit http://www.bis.doc.gov/index.php/forms-documents/doc_download/743-740 to get updates. This prohibition on 'exports' means you may not send the software itself to such countries but it also means you may not carry your own personal computer containing this software into or through such countries.</p> <br> <p>Anywhere in the world, even inside the United States, you may not transfer this software (or a computer containing this software) to certain persons or organisations or companies listed on the Denied Parties List. See http://www.bis.doc.gov/index.php/forms-documents/doc_view/452-supplement-no-1-to-part-740-country-groups for the current list. Such a transfer is a "deemed export" subject to federal Export Administration Regulations.</p> <br> <p>Do not deliver or transfer this software or a personal computer containing this software to a national or resident of a foreign country anywhere in the world without first checking the Denied Parties List. If the intended recipient is listed or belongs to a listed organisation or company, you must contact the U.S. Department of Commerce, Information Technology Controls Division at (202) 482-0707 to apply for permission to make the transfer via an Export License. A transfer without the required license is a felony. <br> <br> <strong> <em>By downloading and/or using this Software, you accept full and personal responsibility for the custody of this software and agree to comply with all applicable export control laws and obtain all necessary licenses should you wish to 'export' any copies of the Software.</em> </strong> </p> <br> <b> <i>Last revised November 1, 2016</i> </b> <br> <br> created_at: - - &1 2018-10-18 06:58:59.028588673 Z updated_at: - - *1 service_id: - - 756
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--- id: - - 642 name: - - DMCA Policy url: - - https://www.privateinternetaccess.com/pages/dmca-policy xpath: - - "/html/body/div[3]/div/div" text: - - |2 Digital Millennium Copyright Act <p>PrivateInternetAccess.com does not condone the use of our service to facilitate copyright infringement. We respect and abide by U.S. copyright laws including the requirements of the DMCA and rely on our users to do the same.</p> <br> <p>PrivateInternetAccess.com implements an automated virtual private network (“VPN”) service. Our service is fully automated and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service.</p> <br> <p>As a result, PrivateInternetAccess.com’s VPN service qualifies as a provider of transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our users’ activities in order to protect and respect their privacy, we are unable to identify particular users that may be infringing the lawful copyrights of others.</p> <br> <b>Digital Millennium Copyright Act (“DMCA”) Takedown Notices</b> <p>That being said, PrivateInternetAccess.com will do its best to assist copyright owners and their agents that report copyright infringement by a user that is using our services to the extent we can. However, before investigating any report of copyright infringement, we require the copyright owner or its authorized agent to give us a valid and complete DMCA takedown notices if you wish to report what you believe is infringing activity by a third party using PrivateInternetAccess.com’s VPN service. If you are unsure as to whether content on the PrivateInternetAccess.com network infringes your copyrights, then please first contact an attorney. Please deliver your notices to PrivateInternetAccess.com’s designated DMCA Agent.</p> <br> <p>Pursuant to 17 U.S.C. § 512(c)(3), all of the following items are required for our agent to investigate your notice:</p> <ul> <li>An identification in sufficient detail of the copyrighted work you believe to have been infringed;</li> <li>An identification of the content that is alleged to be infringing (all items should be mentioned separately);</li> <li>Sufficient information to help Privateinernetaccess.com to locate the allegedly infringing content;</li> <li>Sufficient contact information to notify the reporting party of PrivateInternetAccess.com’s response (please include a physical address, telephone number, and email address);</li> <li>The following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.";</li> <li>An identification of the user who may be responsible for the infringing activity;</li> <li>The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";</li> <li>A physical or electronic signature of the owner or their authorized agent. and</li> <li>Send the correspondence to the following address:<br> <br> <ul> Privateinternetaccess.com<br> Attn: DMCA Agent<br> 1333 W. 120th Ave. Suite 219<br> Westminster, CO 80234<br> Fax: 888-317-8582<br> Email: abuse@privateinternetaccess.com<br> </ul> </li> </ul> <br> <p>Upon receipt of your DMCA takedown notice, we will make reasonable attempts to assist you if we can, recognizing that our system is designed to maximize users privacy and that we maintain no logs tracking our users’ activities. If a notice lacks any of the aforementioned necessary elements, it may be deemed an invalid notice and PrivateInternetAccess.com will not attempt to investigate it. </p> <br> <p>Please be aware that pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or that that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.</p> <br> <b>Counter-Notifications</b> <p>If we are able to help you identify a user or other third party that is subject to your notice, be aware that we abide by the DMCA’s counter-notification provision. Specifically, the DMCA provides a means for those reported for copyright infringement using a DMCA notice to provide a response to address the original Complaint. 17 U.S.C. §§ 512(g)(2)-(3).<br> As with DMCA takedown notices, DMCA counter-notifications have certain statutory requirements, which we have listed below. Again, if you are unsure as to whether you should provide a counter-notification, please contact an attorney specializing in intellectual property issues.</p> <ul> <li>Sufficient information to identify you, including name, address, telephone number, email address, and a statement consenting to the Federal jurisdiction where your address is located, and that you agree to receive service of process from the party who provided the original DMCA notice under 17 U.S.C. § 512(c)(1)(C);</li> <li>A physical or electronic signature. </li> <li>An identification of the content that is alleged to be infringing (all items should be mentioned separately) and removed;</li> <li>The following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of [insert file name here] identified above was blocked as a result of a mistake or misidentification of the material to be blocked". and</li> <li>Send the correspondence to the following address:<br> <br> <ul> Privateinternetaccess.com<br> Attn: DMCA Agent<br> 1333 W. 120th Ave. Suite 219<br> Westminster, CO 80234<br> Fax: 888-317-8582<br> Email: abuse@privateinternetaccess.com<br> </ul> </li> </ul> <br> <b> <i>Last revised February 18, 2014</i> </b> <br> <br> created_at: - - &1 2018-10-18 06:58:22.375028443 Z updated_at: - - *1 service_id: - - 756
Drirton: 18/10/18 - 06:57
--- text: - PRIVATE INTERNET ACCESS PRIVACY POLICY - " PRIVATE INTERNET ACCESS PRIVACY POLICY <p> This Website ('PrivateInternetAccess.com'), its owners (collectively, ‘We,’ ‘Us,’ ‘Data Controller’ or 'London Trust Media, Incorporated') and constituents believe that the privacy and security of our visitors and clients information are of utmost importance.\n</p>\n<p> The processing of personal information, such as the e-mail address or payment information of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Private Internet Access.\nBy means of this data protection declaration and privacy policy, we would like to inform the general public of the nature, scope, and purpose of the personal information we collect, use and process.\nFurthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.\n</p>\n<p> As the data controller for personal information, we administer strict policies safeguarding your privacy and security.\nThis document ('Privacy Policy') defines and informs our data subjects of any and all of the instances in which your data and information (collectively, ‘Personal Information') may be saved and how it may be used by London Trust Media, and finally the level of protection we use to safeguard your personal information.\n</p> TABLE OF CONTENTS <br> Personal Information we Collect<br> Uses of Personal Information Collected by Us<br> Website Registration<br> Website Contacts<br> Disclosure and Use of Personal Information<br> Data Retention<br> CalOPPA Statement<br> Name and Address of Data Protection Officer and Name and Address of Data Controller<br> Maintaining the Security of Your Personal Information<br> How We Transfer Information Collected Internationally<br> COPPA Disclosure<br> Rights of the Data Subject<br> Provision of personal information as statutory or contractual requirement<br> Legal Basis for Data Processing<br> Changes to this Privacy Policy<br> PERSONAL INFORMATION WE COLLECT <br> From Clients of our Service <ul>\n<li>E-mail Address for the purposes of account management and protection from abuse.</li>\n<li>Payment Data for the purposes of processing payments as required by our third-party payment processors.\nNote that we do not save your full credit card details.</li>\n<li>Affiliates who use the control panel will receive a temporary cookie to improve delivery of services.</li>\n</ul> From the Website and Email <ul>\n<li>Google analytics data (this data is anonymized).\nGoogle may also store a cookie with your consent.\nYou may opt out here with Google's plugin.</li>\n<li>Internationalisation (i18n)</li>\n<li>Affiliates who opt to use the optional control panel will receive a temporary cookie.</li>\n<li>Information included in any submissions on the 'Contact Us' page.</li>\n<li>The email address of any e-mails we receive.</li>\n</ul> USES OF PERSONAL INFORMATION COLLECTED BY US <ul>\n<li>E-mail address is used to send subscription information, payment confirmations, customer correspondence, and Private Internet Access promotional offers only,</li>\n<li>Payment data is used to manage client signups, payments, and cancellations,</li>\n<li>Google analytics data is used to improve our website and delivery of our content,</li>\n<li>Compliance with valid legal process,</li>\n<li>Contact submissions and e-mails will be used for correspondence, and</li>\n<li>Temporary cookies are used to handle control panel logins.</li>\n</ul> The data controller does not collect or log any traffic or use of its Virtual Private Network (\"VPN\") or Proxy.\nWEBSITE REGISTRATION <p> The data subject has the option to register on the website of the controller with the indication of personal information.\nThe controller requests email data to be transmitted to the controller by the respective input mask (sign-up form) used for the registration.\nThe personal information entered by the data subject is collected and stored exclusively for internal use by the controller, and for its own purposes.\n</p>\n<p> By registering on the website of the controller, the date and time of the registration are also stored.\nThe storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses.\nInsofar, the storage of this data is necessary to secure the controller.\nThis data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.\n</p>\n<p> The registration of the data subject, with the voluntary indication of personal information, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question.\nRegistered persons are free to change the personal information specified during the registration at any time, or to have them completely deleted from the data stock of the controller.\n</p>\n<p> The data controller shall, at any time, provide information upon request to each data subject as to what personal information are stored about the data subject.\nIn addition, the data controller shall correct or erase personal information at the request or indication of the data subject, insofar as there are no statutory storage obligations.\nA Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of the controller’s employees are available to the data subject in this respect as contact persons.\n</p> WEBSITE CONTACTS <p> The Private Internet Access website includes information that enables data subjects to contact the controller via electronic mail (e-mail address).\nIf a data subject contacts the controller by e-mail or via a contact form, the personal information transmitted by the data subject is automatically stored.\nSuch personal information transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject.\nThere is no transfer of this personal information whatsoever to any third parties.\n</p> DISCLOSURE AND USE OF PERSONAL INFORMATION <p> PrivateInternetAccess.com is a business that strives to protect privacy and the privacy rights of our clients.\nAlthough we will comply with all valid subpoena requests, our legal team scrutinizes each and every legal request that we receive for compliance with both the \"spirit\" and letter of the law.\nFor invalid or overly broad subpoenas, we will often question or attempt to narrow the scope of any subject matter sought.\nMoreover, when it is possible and a valid option we will provide the user an opportunity to object to any requested disclosures.\nWe cannot provide information that we do not have.\nPrivateInternetAccess.com will not participate with any request that is unconstitutional.\n</p> DATA RETENTION <p> The data controller retains all account information and data indefinitely unless a data subject requests that their personal information be deleted.\nIn the event of a deletion request, we will anonymize the personal information so it is not associated with a specific individual.\nFrom the moment we receive the request, this process takes up to 30 days to be reflected across all our systems.\n</p> CalOPPA STATEMENT <p> The State of California requires us to post specific language related to our privacy policy.\nBy default, PrivateInternetAccess does not share your private information with any third parties aside from the disclosures already made in this privacy policy.\nHowever, if you wish to inquire into how PrivateInternetAccess does not share our user's private information with third parties for direct marketing purposes, you may contact: </p> NAME AND ADDRESS OF DATA PROTECTION OFFICER AND NAME AND ADDRESS OF CONTROLLER <p>Our current data protection officer can be reached at the following information below.</p> John A.\nArsenault<br> London Trust Media, Incorporated<br> 4643 S Ulster Street<br> Suite 1120<br> Denver, CO 80237<br> United States (347)586-9467 (Ext.\n904)<br> privacy@privateinternetaccess.com MAINTAINING THE SECURITY OF YOUR PRIVATE INFORMATION <p> Your private information is safeguarded by privateinternetaccess.com.\nOnly some employees are granted access to the servers and information where private information is maintained.\nPrivate information is maintained in an encrypted form.\n</p> HOW WE TRANSFER INFORMATION COLLECTED INTERNATIONALLY <p> We collect information globally and primarily store that information in the United States.\nIf We transfer your information from the United States, We will request your consent.\n</p> COPPA DISCLOSURE - About Children’s Online Privacy <p> The Children’s Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used.\nThe law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13.  Our online services are not directed to children under the age of 13, nor is information knowingly collected from them.  For additional information on COPPA protections, please see the FTC website at: https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online </p> RIGHTS OF THE DATA SUBJECT <u>Right of Confirmation.</u>\n<p> Each data subject has the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal information concerning him or her are being processed.\nIf a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.\n</p>\n<u>Right of Access.</u>\n<p> Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal information stored at any time and a copy of this information.\nFurthermore, the European directives and regulations grant the data subject access to the following information: </p>\n<ol>\n<li>the purposes of the processing;</li>\n<li>the categories of personal information concerned;</li>\n<li>the recipients or categories of recipients to whom the personal information have been or will be disclosed, in particular recipients in third countries or international organizations;</li>\n<li>where possible, the envisaged period for which the personal information will be stored, or, if not possible, the criteria used to determine that period;</li>\n<li>the existence of the right to request from the controller rectification or erasure of personal information, or restriction of processing of personal information concerning the data subject, or to object to such processing;</li>\n<li>the existence of the right to lodge a complaint with a supervisory authority;</li>\n<li>where the personal information are not collected from the data subject, any available information as to their source;</li>\n<li>the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.</li>\n</ol>\n<p> Moreover, the data subject has the right to obtain information as to whether personal information are transferred to a third country or to an international organization.\nWhere this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.\n</p>\n<p> If a data subject wishes to exercise this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.\n</p>\n<u>Right to Rectify.</u>\n<p> Each data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal information concerning him or her.\nTaking into account the purposes of the processing, the data subject shall have the right to have incomplete personal information completed, including by means of providing a supplementary statement.\n</p>\n<p> If a data subject wishes to exercise this right to rectification, they may, at any time, contact our Data Protection Officer or another employee of the controller.\n</p>\n<u>Right to Erasure.</u>\n<p> Each data subject has the right granted by the European legislator to obtain from the controller the erasure of personal information concerning him or her without undue delay, and the controller shall have the obligation to erase personal information without undue delay where one of the following grounds applies, as long as the processing is not necessary: </p>\n<ol>\n<li>The personal information are no longer necessary in relation to the purposes for which they were collected or otherwise processed.</li>\n<li>The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.</li>\n<li>The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.</li>\n<li>The personal information has been unlawfully processed.</li>\n<li>The personal information must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.</li>\n<li>The personal information has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.</li>\n</ol>\n<p> If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal information stored by the Controller, he or she may at any time contact our Data Protection Officer or another employee of the controller.\nThe Data Protection Officer of Controller or another employee shall promptly ensure that the erasure request is complied with immediately.\n</p>\n<u>Right of restriction of processing.</u>\n<p> Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: The accuracy of the personal information is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal information.\nThe processing is unlawful and the data subject opposes the erasure of the personal information and requests instead the restriction of their use instead.\nThe controller no longer needs the personal information for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.\nThe data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.\n</p>\n<u>Right to Portability.</u>\n<p> Each data subject shall have the right granted by the European legislator, to receive the personal information concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format.\nHe or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal information has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.\n</p>\n<p> Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal information transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.\n</p>\n<p> In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Company or another employee.\n</p>\n<u>Right to Object.</u>\n<p> Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal information concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.\nThis also applies to profiling based on these provisions.\n</p>\n<p> This data controller shall no longer process the personal information in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.\n</p>\n<u>Right to withdraw data protection consent.</u>\n<p> Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal information at any time.\n</p>\n<p> If the data subject wishes to exercise the right to withdraw consent, he or she may at any time directly contact our Data Protection Officer or another employee of the controller.\n</p>\n<b>Provision of personal information as statutory or contractual requirement.\nRequirement necessary to enter into a contract.\nObligation of the data subject to provide the personal information.\npossible consequences of failure to provide such data</b>\n<p> We clarify that the provision of personal information is partly required by law (e.g.\ntax regulations) or can also result from contractual provisions (e.g.\ninformation on the contractual partner).\nSometimes it may be necessary to conclude a contract that the data subject provides us with personal information, which must subsequently be processed by us.\nThe data subject is, for example, obliged to provide us with some personal information when our company signs a contract with him or her.\nThe non-provision of the personal information would have the consequence that the contract with the data subject could not be concluded.\nBefore personal information is provided by the data subject, <u>\n<b>in this circumstance</b>\n</u> the data subject must contact our Data Protection Officer.\nOur Data Protection Officer clarifies to the data subject whether the provision of the personal information is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal information and the consequences of non-provision of the personal information.\n</p>\n<b>Legal Basis for Data Processing</b>\n<p> Art.\n6(1) lit.\na GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.\nIf the processing of personal information is necessary for the performance of a contract to which the information subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit.\nb GDPR.\nThe same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services.\nIf our company is subject to a legal obligation by which processing of personal information is required, such as for the fulfillment of tax obligations, the processing is based on Art.\n6(1) lit.\nc GDPR.\nIn rare cases, the processing of personal information may be necessary to protect the vital interests of the data subject or of another natural person.\nThen the processing would be based on Art.\n6(1) lit.\nd GDPR.\nFinally, processing operations could be based on Article 6(1) lit.\nf GDPR.\nThis legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal information.\nSuch processing operations are particularly permissible because they have been specifically mentioned by the European legislator.\nHe considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).\n</p> CHANGES TO THIS PRIVACY POLICY <p> BY USING THIS WEBSITE AND/OR SERVICES, YOU AGREE THAT YOU AS THE DATA SUBJECT CONSENT TO THIS PRIVACY POLICY.\nYOU AGREE THAT PRIVATEINTERNETACCESS.COM MAY MAKE CHANGES TO THIS PRIVACY POLICY AT ANY TIME WITHOUT ANY GIVEN NOTICE AT ITS DISCRETION.\n</p>\n<p> Private Internet Access does not share a data subject’s personal information with third parties for direct marketing purposes.\nPlease contact privacy@privateinternetaccess.com for further information.\n</p>\n<p> For all civil or law enforcement requests, please contact legal@privateinternetaccess.com.\nIf you have a request that requires mailing or courier, please use the information below: </p> London Trust Media Incorporated<br> d/b/a Private Internet Access<br> Attn: Legal Department<br> 4643 S.\nUlster St.<br> Suite 1120<br> Denver, CO 80237<br> United States<br>\n<p> While Private Internet Access agrees to accept service of law enforcement requests based on the above method listed above, Private Internet Access does NOT waive any legal rights based on this accommodation.\n</p>\n<i>Last revised</i> May 30th, 2018 " updated_at: - 2018-10-18 06:57:17.447015857 Z - 2018-10-18 06:57:20.873518141 Z
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--- id: - - 640 name: - - Terms and Conditions url: - - https://www.privateinternetaccess.com/pages/terms-of-service/ xpath: - - "/html/body/div[3]/div/div/div" text: - - " London Trust Media Incorporated through PrivateInternetAccess (\"PrivateInternetAccess\") provides virtual private networking (\"VPN\")/Private Internet Services, Wifi Security/Authentication, Encryption Services and Anonymous internet protocol (\"IP\") addresses to its clients.\nYou (\"Client\" or \"Subscriber\") (PrivateInternetAccess and Subscriber collectively known as \"Parties\") acknowledge that PrivateInternetAccess and/or any of its parent companies or constituents will not be held liable for any and all liability arising from your use of its services and website.\nThis document is an agreement that you agree to by accessing the Private Internet Access VPN service.\nNOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN \"BINDING INDIVIDUAL ARBITRATION\" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY \"DISPUTE\" (AS DEFINED BELOW) BETWEEN YOU AND PRIVATEINTERNETACCESS, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, \"PIA ENTITIES\").\nYOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN \"BINDING INDIVIDUAL ARBITRATION\" SECTION.\nThis is a legal agreement that includes clauses that gives you the right to settle a dispute out of court.\nSubscriber affirms that they are either more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.\nIf you are not an adult you must receive permission from a parent or legal guardian.\nIf you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you.\nIf you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services.\n<b>ACCEPTANCE</b> By using and/or visiting the PrivateInternetAccess service and website (collectively, including but not limited to all services and webpages available through PrivateInternetAccess, the website) subscriber agrees in full to the terms and conditions provided herein and the terms and conditions of PrivateInternetAccess's Privacy Policy found on this website, Digital Millennium Copyright Act (“DMCA”) policy, in addition to all future amendments and modifications (collectively referred to as the \"Agreement\").\nBy entering this website and/or subscribing to the services, subscriber agrees to be bound by these terms and conditions.\nIf subscriber does not agree to be bound to the terms and conditions contained herein, then access to the PrivateInternetAccess website and/or its services is prohibited.\nEither you agree to these terms… Or if you don’t, you can’t use the website or service.\n<b>LICENSE</b> PrivateInternetAccess grants you a limited, non-exclusive license to subscribe to an account to which you have access for your personal, private, commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you.\nAll intellectual property rights on PrivateInternetAccess are owned by London Trust Media, Inc.\nand are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.\nYou may not copy or download any Content from the PrivateInternetAccess website unless you are expressly authorized to do so.\nYou agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to PrivateInternetAccess Content.\nYour rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to PrivateInternetAccess.\nNew or future services that may be offered by PrivateInternetAccess will require a separate subscription or agreement.\nSubscriber understands that this Agreement is limited to VPN services only and do not include any other services herein.\nYou are buying a license that gives you the right to use our service.\n<b>CHANGES TO THIS AGREEMENT</b> Client understands that the present Terms of Service are subject to changes made by PrivateInternetAccess at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions.\nYou understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.\nThese messages might change! The terms and conditions herein apply to all users of PrivateInternetAccess whether a 'visitor,' 'commercial user,' a 'subscriber,' or a 'client' and you are only authorized to use PrivateInternetAccess if you agree to abide by all applicable federal and state laws and be legally bound by the terms and conditions of this Agreement.\n<b>CONDUCT</b> You agree to comply with all applicable laws and regulations in connection with use of this service.\nYou must also agree that you nor any other user that you have provided access to will not engage in any of the following activities: Please be considerate of the Internet.\n<ul>\n<li>Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, \"junk mail,\" \"spam,\" \"chain letters,\" or \"pyramid schemes\";</li>\n<li>Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;</li>\n<li>Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the copyright owner;</li>\n<li>Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;</li>\n<li>Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;</li>\n<li>Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to PrivateInternetAccess;</li>\n<li>Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;</li>\n<li>Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals.\nor</li>\n<li>Accessing the service to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside.</li>\n</ul>\n<b>EXPORT CONTROLS</b> The PrivateInternetAccess service offered as part of this Agreement is subject to all relevant United States export control laws and regulations.\nCompany makes no representation that this Site is appropriate or available for use in other locations outside the United States.\nBy using this Site, you represent and warrant that: (i) you are not listed on the U.S.\nCommerce Department's Table of Denial Orders, the U.S.\nTreasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services.\n(ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan).\n(iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles.\nand (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No.\n1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).\nPay attention to import/export rules.\n<b>BREACH</b> PrivateInternetAccess abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions.\nWe can disable your account if you break our rules.\nAlong with the ZERO TOLERANCE policy, Clients who materially breach the terms and conditions will have their account or a subscription removed without any refund.\nAdditionally, Client understands that PrivateInternetAccess expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges.\nSubscriber understands that PrivateInternetAccess reserves the right in its sole discretion to enforce breaches of this Agreement.\nFailure to comply with the present Terms of Service constitutes a material breach of the Agreement, and may result in one or more of these following actions: <li>Issuance of a warning;</li>\n<li>Immediate, temporary, or permanent revocation of access to PrivateInternetAccess with no refund;</li>\n<li>Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;</li>\n<li>Independent legal action by PrivateInternetAccess as a result of a breach.\nor</li>\n<li>Disclosure of such information to law enforcement authorities as deemed reasonably necessary.</li> PrivateInternetAccess reserves the right to take any other actions deemed necessary to enforce and protect its rights.\nIf you find that your PrivateInternetAccess account or subscription has been suspended, then you may contact: helpdesk@privateinternetaccess.com <b>SERVICE LEVEL AGREEMENT</b> Service coverage, speeds, locations and quality are not guaranteed.\nWhile PrivateInternetAccess will make every attempt to maintain the Service availability at all times, the Service may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons.\nPrivateInternetAccess does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.\nSometimes hardware malfunctions - we will do our best to have 100% uptime.\nAdditionally, we may impose usage limits to our services, suspend or block services, or cancel any and all services at our sole discretion at any time.\nFinally, we do not guarantee the accuracy and timeliness of any data received.\nWe make no guarantee that this service will be accessible at any time.\nHowever, we will do our best to keep the service up and running for our beloved clients.\n<b>CLIENT RESPONSIBILITIES</b> As a client of PrivateInternetAccess, you are responsible for: <li>Maintaining the confidentiality and security of the account you are provided.</li>\n<li>Ensuring that subscriber connections to the PrivateInternetAccess network are limited to no more than five (5) simultaneous connections.</li>\n<li>Providing valid and accurate identifying information related to the user account.</li>\n<li>Liability for any use and/or abuse which occurs while you or any third-party is logged into the PrivateInternetAccess service with your account credentials.</li> Please - Try and stay secure.\n<b>FEES</b> You acknowledge that PrivateInternetAccess reserves the right to create a subscription service through one or more third party merchants.\nWith each account you may have only one active subscription at a time.\nPayments will be charged on the day you sign up for service and will cover use of that service for the duration of one (1) month, six (6) months, one (1) year, or two (2) years depending on the service level plan.\nA subscription plan is an automatic payment recurring based on the service plan.\nAll accounts are offered as is at the time of purchase.\nFuture services offered by PrivateInternetAccess and London Trust Media, Inc.\nmay not be included with the account.\nYou may cancel the account subscription at anytime.\nthe account will remain active for the remainder of your billing cycle.\nThis is a subscription service.\nPrivateInternetAccess reserves the right to change the fees at anytime at its discretion.\nSubscriber understands that PrivateInternetAccess is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates.\nSubscriber also understands that any gift-card based transactions for service are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.\n<b>CANCELLATION</b> You understand and agree that PrivateInternetAccess shall maintain your email address after your subscription ends.\nYou may access the Client Control Panel to reactivate your subscription at any time.\n<b>REFUND POLICY</b> If you are less than 100% satisfied with the PrivateInternetAccess VPN service, we will gladly refund your payment if the refund is requested within seven (7) days from the date of the purchase.\nRequests made later than the 7 day purchase date window will be denied.\nIf you have initiated the refund process under this Section, and you fail to provide requested information related to any request for additional information from PrivateInternetAccess sent to your account e-mail address within fourteen (14) days from the date of the request sent by PrivateInternetAccess, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section.\nYou understand that if you purchase a new account within three months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the seven (7) day period.\nThis does not apply to instances of account subscription renewal payments or billing processor errors, only new purchases.\nIf you are any less than 100% satisfied, we will refund you within 7 days of your purchase.\nIf you are seeking a refund after paying for the Services via a cryptocurrency, then you must provide to PrivateInternetAccess a Wallet address for the refund to be credited.\nYou understand that by paying for PrivateInternetAccess using cryptocurrency as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time.\nThe parties agree that any refunds for transactions using a specific cryptocurrency will be assessed on the cryptocurrency’s exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request.\n<b>OUR RIGHTS</b> PrivateInternetAccess reserves the right to close your account at any given time without any given notice.\nWhile PrivateInternetAccess will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.\nWe are allowed to notify you if we’re scaling back or shutting down.\nSubscriber understands that PrivateInternetAccess also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the PrivateInternetAccess network.\nSubscriber also understands that Privateinternetacces for reasons beyond its control may shut down and terminate services.\nIf PrivateInternetAccess ceases operations, subscribers will be notified with at least thirty (30) days advance notice.\nSubscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.\n<b>WARRANTIES</b> Subscriber represents and warrants that all of the identifying information provided to PrivateInternetAccess to use the PrivateInternetAccess website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.\nYou promise you aren’t lying to enter this agreement and you will respect our privacy policy.\nAs a condition to using the PrivateInternetAccess website or its services, you must agree to the terms of PrivateInternetAccess's privacy policy, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or updates.\nYou acknowledge and agree that the technical processing and transmission of the Website may involve transmissions over various networks.\nand changes to conform and adapt to technical requirements of connecting networks or devices.\nYou further acknowledge and agree that other data collected and maintained by PrivateInternetAccess with regard to its users may be disclosed in accordance with the PrivateInternetAccess Privacy Policy.\n<b>WARRANTY DISCLAIMER</b> SUBSCRIBER UNDERSTANDS THAT THE PRIVATEINTERNETACCESS WEBSITE AND SERVICE IS PROVIDED AS-IS.\nSUBSCRIBER AGREES THAT USE OF THE PRIVATEINTERNETACCESS WEBSITE SHALL BE AT YOUR SOLE RISK.\nTO THE FULLEST EXTENT PERMITTED BY LAW, PRIVATEINTERNETACCESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.\nPRIVATEINTERNETACCESS MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: <li>ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,</li>\n<li>PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,</li>\n<li>ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,</li>\n<li>ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,</li>\n<li>ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRIVATEINTERNETACCESS.COM WEBSITE.</li> PRIVATEINTERNETACCESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRIVATEINTERNETACCESS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRIVATEINTERNETACCESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.\nAS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.\nTHE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.\nYOU SPECIFICALLY ACKNOWLEDGE THAT PRIVATEINTERNETACCESS.COM SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.\n<b>LIMITATION OF LIABILITY</b> IN NO EVENT SHALL PRIVATEINTERNETACCESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE PRIVATEINTENETACCESS SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRIVATEINTERNETACCESS.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n<br> THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.\nYOU SPECIFICALLY ACKNOWLEDGE THAT PRIVATEINTERNETACCESS.COM SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.\n<b>INDEMNITY</b> Subscriber agrees to defend, indemnify and hold harmless PrivateInternetAccess, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: <li>your use of and access to the PrivateInternetAccess Website and/or Service;</li>\n<li>your material breach of any term of these Terms of Service;</li>\n<li>your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right.\nor</li>\n<li>Any claim that your use caused damage or injury to any third party.</li> This defense and indemnification obligation will survive these Terms of Service and your use of the PrivateInternetAccess Website.\nWe are not paying your third party fees.\n<b>ARBITRATION</b> Purpose.\nThe term \"Dispute\" means any dispute, claim, or controversy between you and Private Internet Access regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this \"BINDING INDIVIDUAL ARBITRATION\" Section (with the exception of the enforceability of the Class Action Waiver clause below).\n\"Dispute\" is to be given the broadest possible meaning that will be enforced.\nIf you have a Dispute with Private Internet Access, Inc.\nor any company, subsidiary, parent, vendor associated with Private Internet Access, Inc.\nthat cannot be resolved through negotiation within the time frame described in the \"Notice of Dispute\" clause below, you and Private Internet Access that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause.\nArbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.\nDisputes may be settled outside of court.\nExclusions from Arbitration.\nYOU AND PRIVATEINTERNETACCESS AGREE THAT ANY CLAIM FILED BY YOU OR BY PRIVATEINTERNETACCESS IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.\nRIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.\nIF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFYPRIVATEINTERNETACCESS.COM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.\nYOUR WRITTEN NOTIFICATION MUST BE MAILED TO 4643 S ULSTER STREET, SUITE 1120, DENVER, CO 80237, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PRIVATEINTERNETACCESS.COM ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH PRIVATEINTERNETACCESS.COM THROUGH ARBITRATION.\nNotice of Dispute.\nIF YOU HAVE A DISPUTE WITH ANY PRIVATEINTERNETACCESS SERVICE, YOU MUST SEND WRITTEN NOTICE TO 4643 S ULSTER STREET, SUITE 1120, DENVER, CO 80237, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: PRIVATEINTERNETACCESS.COM: DISPUTE RESOLUTION\" TO GIVE PRIVATEINTERNETACCESS.COM THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.\nYou agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute.\nIf PrivateInternetAccess does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or PrivateInternetAccess may pursue your claim in arbitration pursuant to the terms in this Section.\" No class action lawsuits.\nClass Action Waiver.\nANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND PRIVATEINTERNETACCESS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.\nTHIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.\nTHIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.\nInitiation of Arbitration Proceeding/Selection of Arbitrator.\nIf you or PrivateInternetAccess elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (\"AAA\"), www.adr.org, or JAMS www.jamsadr.com.\nThe terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.\nArbitration Procedures.\nBecause the software and/or service provided to you by Private Internet Access, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act (\"FAA\") governs the arbitrability of all Disputes.\nHowever, applicable federal or state law may also apply to the substance of any Disputes.\nFor claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes (\"Supplementary Procedures\") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures.\nfor claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply.\nThe AAA rules are available at www.adr.org or by calling 1-800-778-7879.\nFurther, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Private Internet Access as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to PrivateInternetAccess.\nThe arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.\nSuch award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.\nLocation of Arbitration.\nYou or Private Internet Access may initiate arbitration in either Los Angeles County, California or the United States county in which you reside.\nIn the event that you select the county of your United States residence, PrivateInternetAccess may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.\n<b>ASSIGNMENT</b> The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PrivateInternetAccess without restriction.\nWe can pass this agreement on but you can’t.\n<b>SEVERANCE</b> If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.\nJust because one part of the agreement is found to not apply, doesn’t mean the rest won’t.\n<b>CHOICE OF LAW</b> This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, county of Hamilton, without regard to conflicts of law principles.\nThe sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Indiana, county of Hamilton.\nYou hereby submit to the jurisdiction and venue of said Courts.\nYou consent to service of process in any legal proceeding.\nWe choose the state of Indiana for choice of law.\nIf Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the PrivateInternetAccess VPN service.\n<br>\n<b>\n<i>Last revised July 2, 2018</i>\n</b> " created_at: - - &1 2018-10-18 06:55:20.387504293 Z updated_at: - - *1 service_id: - - 756
Drirton: 18/10/18 - 06:53
--- id: - - 756 name: - - Private Internet Access url: - - https://www.privateinternetaccess.com created_at: - - &1 2018-10-18 06:53:34.402683591 Z updated_at: - - *1 wikipedia: - - https://en.wikipedia.org/wiki/Private_Internet_Access
Snappyapple632: 18/10/18 - 06:21
created
--- id: - - 4810 user_id: - - 895 title: - - You waive your right to a class action. source: - - Terms of Service status: - - pending analysis: - - The latest update adds an arbitration clause, of which users can opt out of up to 30 days after Oct. 16, 2018. created_at: - - &1 2018-10-18 06:21:10.469699143 Z updated_at: - - *1 service_id: - - 536 case_id: - - 117
Snappyapple632: 18/10/18 - 06:14
--- id: - - 639 name: - - Terms of Service url: - - https://discordapp.com/terms xpath: - - '' created_at: - - &1 2018-10-18 06:14:49.674200919 Z updated_at: - - *1 service_id: - - 536
Snappyapple632: 18/10/18 - 06:14
--- id: - - 638 name: - - Terms of Service url: - - https://discordapp.com/terms xpath: - - '' created_at: - - &1 2018-10-18 06:14:49.623956521 Z updated_at: - - *1 service_id: - - 536
Photon: 18/10/18 - 01:56
updated
--- status: - pending - approved updated_at: - 2018-10-18 01:45:28.539984000 Z - 2018-10-18 01:56:51.936267011 Z