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<p>Mushroom Terms of Use </p>
<p>Last Updated: 3/21/2022</p>
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<p>Welcome to Mushroom.gg.
Please read this Terms of Use agreement (the “Terms of Use”) carefully.
This website, its subdomains, and the Mushroom Discord Bot (collectively, the “Site”), the information on the Site, and the services and resources available or enabled via the Site (each a “Service” and collectively, the “Services”), are controlled by The Base Holding Company dba Mushroom (“Mushroom”, “we”, or “us”).
These Terms of Use, along with all supplemental terms that may be presented to you for your review and acceptance (collectively, the “Agreement”), govern your access to and use of the Services.
By completing the registration process or otherwise accessing or using any of the Services, you represent that (1) you have read, understand, and agree to be bound by the Agreement, (2) you are of legal age to form a binding contract with Mushroom, and (3) you have the authority to enter into the Agreement.
The term “you” refers to the individual identified during the registration process.
If you do not agree to be bound by the Agreement, you may not access or use any of the Services.</p>
<p>PLEASE BE AWARE THAT SECTION 16 (DISPUTE RESOLUTION) OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED.
IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
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<p>Please be aware that Section 1.3 (Mushroom Communications) of the Agreement below contains your opt-in consent to receive communications from us, including, as applicable, via email, Discord, and push notification.</p>
<p>Please note that the Agreement is subject to change by Mushroom in its sole discretion at any time. When changes are made, Mushroom will make a copy of the updated Agreement available through the Services and update the “Last Updated” date at the top of these Terms of Use. If we make any material changes to the Agreement, we will provide notice of such material changes on the Site and attempt to notify you by sending an email to the email address provided in your account registration.
Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for existing Registered Users (as defined below) upon the earlier of (a) thirty (30) days after the “Last Updated” date at the top of these Terms of Use, or (b) your consent to and acceptance of the updated Agreement if Mushroom provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which Mushroom may require before further use of the Services is permitted. If you do not agree to the updated Agreement, you must stop using all Services upon the effective date of the updated Agreement.
Otherwise, your continued use of any of the Services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement.
Please regularly check the Site to view the then-current Agreement.
You agree that Mushroom’s continued provision of the Services is adequate consideration for the changes in the updated Agreement.
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<ol>
<li>USE OF THE SERVICES.
The Services, and the information and content available on them, are protected by applicable intellectual property laws.
Unless subject to a separate license between you and Mushroom, your right to use any and all Services is subject to the Agreement.
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<li>Updates.
You understand that the Services are evolving.
You acknowledge and agree that Mushroom may update the Services with or without notifying you.
You may need to update third-party software from time to time in order to use the Services.</li>
<li>Certain Restrictions.
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services.
(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form).
(c) you shall not use any metatags or other “hidden text” using Mushroom’s name or trademarks.
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law.
(e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
(f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services.
Any future release, update or other addition to the Services shall be subject to the Agreement.
Mushroom, its suppliers and service providers reserve all rights not granted in the Agreement.
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<li>Mushroom Communications.
By entering into the Agreement or using the Services, you agree to receive communications from us, including via push notification through your Discord Account (defined below) and/or your mobile device.
Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account (defined below) or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Mushroom and industry developments.
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<ol>
<li>REGISTRATION</li>
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<ol>
<li>Registering Your Account.
In order to access certain features of the Services, you may be required to become a Registered User.
For purposes of the Agreement, a “Registered User” is a user who has registered an account with Mushroom through the Services (“Account”) and has a valid account on Discord through which the user has connected to the Services (“Discord Account”).
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<li>Access Through Discord and Other Third-Party Accounts.
If you access the Services through Discord, Twitch, Xbox, PlayStation, or another third-party service as part of the functionality of the Services (“Third-Party Account”), you allow Mushroom to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern the use of your Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Mushroom and/or grant Mushroom access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Third-Party Account and without obligating Mushroom to pay any fees or making Mushroom subject to any usage limitations imposed by such third-party service providers.
By granting Mushroom access to any Third-Party Accounts, you understand that Mushroom may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Services (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through Services via your Account.
Unless otherwise specified in the Agreement, all Third-Party Account Content shall be considered to be Your Content (as defined in Section 3.1 (Types of Content)) for all purposes of the Agreement.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable, or Mushroom’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content will no longer be available on and through the Services.
You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Profile” section of the site, with the exception of your Discord account.
If you would like to disable the connection between your Account and your Discord account, you must delete your account and create a new one using a different Discord account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND MUSHROOM DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
Mushroom makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Mushroom is not responsible for any Third-Party Account Content.</li>
<li>Registration Data.
In registering for an Account, you represent that you are (i) at least thirteen (13) years old.
(ii) of legal age to form a binding contract.
and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.
You are responsible for all activities that occur under your Account.
You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use.
You may not share your Account login or password with anyone, and you agree to (y) notify Mushroom immediately of any unauthorized use of your password or any other breach of security.
and (z) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Mushroom has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Mushroom has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
You agree not to create an Account using a false identity or information, on behalf of someone other than yourself, or with someone else’s Discord account.
You agree that you shall not have more than one Account at any given time.
Mushroom reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
You agree not to create an Account or use the Services if you have been previously removed by Mushroom, or if you have been previously banned from any of the Services.</li>
<li>Your Account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Mushroom.
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<li>Account Use by Minor Child.
You may be permitted to create an Account for or grant access to your Account to any child (i) that is under the age of eighteen (18).
and (ii) to whom you are a parent or other legal guardian, in each case in accordance with the then-current policies and functionality of the Services.
You are solely responsible for monitoring such child’s access to and use of the Services.
Mushroom shall have no liability to you in connection with any use of the Services by a child using your Account.</li>
<li>Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computer or mobile device that is suitable to connect with and use the Site.
You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
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<li>RESPONSIBILITY FOR CONTENT</li>
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<ol>
<li>Types of Content.
You acknowledge that all Content, including the Services, is the sole responsibility of the party from whom such Content originated.
This means that you, and not Mushroom, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Services (“Your Content”), and that you and other Registered Users of the Services, and not Mushroom, are similarly responsible for all Content that you and they make available through the Services (“User Content”).</li>
<li>No Obligation to Pre-Screen Content. You acknowledge that Mushroom has no obligation to pre-screen User Content, although Mushroom reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content.
By entering into the Agreement, you hereby provide your irrevocable consent to Mushroom’s monitoring of Your Content.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat or text communications.
In the event that Mushroom pre-screens, refuses, or removes any of Your Content, you acknowledge that Mushroom will do so for Mushroom’s benefit, not yours.
Without limiting the foregoing, Mushroom shall have the right to remove any of Your Content that violates the Agreement or is otherwise objectionable.</li>
<li>Storage.
Mushroom has no obligation to store any of Your Content.
Mushroom has no responsibility or liability for the deletion or accuracy of any User Content, including Your Content.
the failure to store, transmit or receive transmission of any User Content.
or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
Certain Services may enable you to specify the level at which such Services restrict access to Your Content.
You are solely responsible for choosing the appropriate level of access to Your Content, in cases where the Service supports customizing access levels.
If you do not so choose, the Services may default to the most permissive setting.
You agree that Mushroom retains the right to create reasonable limits on Mushroom’s use and storage of User Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by Mushroom in its sole discretion.
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<li>OWNERSHIP</li>
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<li>Services.
Except with respect to Your Content and other User Content, you agree that Mushroom and its suppliers own all rights, title and interest in the Services (including but not limited to, any computer code, themes, objects, concepts, characters, character names, stories, dialogue, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Mushroom software).
You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.</li>
<li>Trademarks.
Mushroom’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of Mushroom and may not be used without permission in connection with your, or any third-party, products or services.
Third-party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.</li>
<li>Your Content.
Mushroom does not claim ownership of Your Content.
However, when you as a Registered User post or publish Your Content on or through the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.</li>
<li>License to Your Content.
Subject to any applicable account settings that you select, you grant Mushroom a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Registered Users.
Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You agree that you, not Mushroom, are responsible for all of Your Content that you post or otherwise make available on or through the Services.
Any Content posted by you may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Mushroom in its sole discretion.
You may not post or submit for print services a photograph of another person without that person’s permission.</li>
<li>Username.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit Mushroom to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.</li>
<li>Feedback.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Mushroom through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Mushroom has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
You represent and warrant that you have all rights necessary to submit the Feedback.
You hereby grant to Mushroom a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Mushroom’s business.</li>
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<li>USER CONDUCT. As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by this Agreement or by applicable law.
You shall not (and shall not permit any third party) either (a) take any action or (b) make available any Content on or through the Services that: (i) infringes, misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy or other right of any person or entity.
(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane.
(iii) constitutes unauthorized or unsolicited advertising, junk or bulk email.
(iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Mushroom’s prior written consent.
(v) impersonates any person or entity, including any employee or representative of Mushroom.
(vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement.
(vii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
or (viii) violates the Mushroom Community Guidelines.</li>
<li>INTERACTIONS WITH OTHER USERS</li>
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<ol>
<li>The Services Are a Public Forum.
The Services offer public forums and other interactive communications.
Please be aware that these features are public or may be subject to public access.
You acknowledge that public forums offered on the Services are for public and not private communications. You are responsible for any Content you post and the consequences of posting such Content, as well as your interactions with third parties through our Services.
Your use of or reliance on User Content is at your own risk, and we are not responsible for it.
We reserve the right to remove without notice any Content for any reason, but we have no obligation to delete Content that you may find objectionable or offensive.
Information and opinions expressed in public forums or other interactive communications by others are not necessarily ours.
Mushroom does not approve, endorse, or make any representations or warranties with respect to User Content.</li>
<li>User Responsibility.
You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact.
provided, however, that Mushroom reserves the right, but has no obligation, to intercede in such disputes.
Such dealings are solely between you and such third parties.
Please use respect when you interact with others through our Services.
We urge you to be cautious about these interactions.
You agree that Mushroom will not be responsible for any liability incurred as the result of such interactions.
You use all User Content and interact with other Registered Users at your own risk.</li>
</ol>
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<li>VIRTUAL REWARDS</li>
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<ol>
<li>Coins.
By using the Services, you may be eligible to receive virtual rewards points (“Coins”) which may be spent solely through the Services for digital tags, portraits, other virtual items, or features within the Services for use within the Services and Discord (“Pets” or “Items”).
Coins may be earned by granting Mushroom access to your “Game Activity” through your settings in Discord or by selling Pets to other Registered Users within the Services or by other mechanisms.
Coins possess no cash or monetary value, may not be redeemed outside the Services, and may not be purchased from Mushroom or any third party for real currency.
You acknowledge that Coins are purely promotional and are provided without payment of anything of value by you.
Mushroom reserves the right to terminate, cancel, temporarily suspend, change, modify, or amend the Coins system at any time with or without notice to you.
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<li>Pets/Items.
For purposes of the Agreement, Pets and/or Items are Your Content.
Pets and Items may be created, uploaded, and licensed for use by other Registered Users of the Services for Coins only.
You agree that you are solely responsible for setting the Coin price of any Pet or Item you list through the Services.
By uploading a Pet or Item for license through the Services, you hereby grant Mushroom a fully-paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to list such Pet or Item for license to other Registered Users on the public portions of the Services.
You further hereby grant any Registered User who licenses such Pet or Item a fully-paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, and re-format such Pet or Item for personal use through the Services and Discord.</li>
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<li>INDEMNIFICATION. You agree to indemnify and hold Mushroom, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Mushroom Party” and collectively, the “Mushroom Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content.
(b) your use of any Service in violation of the Agreement.
(c) your violation of any rights of another party, including any Registered Users.
or (d) your violation of any applicable laws, rules or regulations.
Mushroom reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Mushroom in asserting any available defenses.
This provision does not require you to indemnify any of the Mushroom Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder.
You agree that the provisions in this Section 7 will survive any termination of your Account, the Agreement, and/or your access to the Services.</li>
<li>DISCLAIMER OF WARRANTIES AND CONDITIONS</li>
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<li>As Is.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
MUSHROOM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
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<li>MUSHROOM MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS.
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.</li>
<li>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUSHROOM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</li>
<li>FROM TIME TO TIME, MUSHROOM MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.
SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MUSHROOM’S SOLE DISCRETION.
THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.</li>
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<ol>
<li>No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT MUSHROOM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MUSHROOM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.</li>
<li>Third-Party Materials.
As a part of the Services, you may have access to links, content, or materials that are hosted by another party.
You agree that it is impossible for Mushroom to monitor such materials and that you access these materials at your own risk.</li>
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<li>LIMITATION OF LIABILITY</li>
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<ol>
<li>Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MUSHROOM PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT MUSHROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A MUSHROOM PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A MUSHROOM PARTY’S NEGLIGENCE.
OR FOR (ii) ANY INJURY CAUSED BY A MUSHROOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
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<li>Cap on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, MUSHROOM PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED U.S.
DOLLARS ($100); OR THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MUSHROOM PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A MUSHROOM PARTY’S GROSS NEGLIGENCE.
OR FOR (ii) ANY INJURY CAUSED BY A MUSHROOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.</li>
<li>User Content.
EXCEPT FOR MUSHROOM’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE MUSHROOM’S PRIVACY POLICY, MUSHROOM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT) OR USER COMMUNICATIONS.</li>
<li>Exclusion of Damages.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.</li>
<li>Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUSHROOM AND YOU.</li>
</ol>
<ol>
<li>RESPECTING COPYRIGHT</li>
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<ol>
<li>Procedure for Making Claims of Copyright Infringement.
Mushroom respects the intellectual property rights of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
It is Mushroom’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Mushroom by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) a description of the copyrighted work that you claim has been infringed.
(c) a description of the location on the Services of the material that you claim is infringing, such as a URL.
(d) your address, telephone number and email address.
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Mushroom’s Copyright Agent for notice of claims of copyright infringement is as follows:</li>
</ol>
<p>Copyright Manager</p>
<p>The Base Holding Company</p>
<p>3470 Middlefield Road</p>
<p>Palo Alto, CA 94306</p>
<p>Phone: 2035702236</p>
<p>Email: dmca@mushroom.gg</p>
<p>
</p>
<ol>
<li>Mushroom’s Actions Upon Receipt of Notifications of Claimed Infringement.
If Mushroom receives a complete notification from a rights holder or someone acting on their behalf claiming that content on a channel infringes the rights holder’s copyright, Mushroom generally notifies the applicable Registered User.
At the same time, we will generally remove or disable access to recorded or other content containing the claimed infringing material.
We may suspend an Account if the claimed infringement is continuing at the time we receive the rights holder’s notification.</li>
<li>Mushroom’s Actions Upon Receipt of Counter-Notifications.
If Mushroom receives a complete counter-notification from the applicable Registered User, Mushroom generally notifies the claimant who submitted the original notification.
At the same time, we may restore recorded content containing the claimed infringing material.
Disputed notifications generally will not qualify for a strike under our Repeat Infringer Policy (discussed in more detail below), unless and until the dispute has been resolved by the applicable Registered User and the rights holder.
Please note that Mushroom may not be able to reinstate certain material or access to it due to factors such as the passage of time or the format in which the material was broadcast or stored.</li>
<li>Mushroom’s Actions Upon Receipt of Retractions.
If Mushroom receives a retraction from a rights holder or someone acting on their behalf, we may restore recorded content containing the claimed infringing material and the disputed notification will not qualify for a strike under our Repeat Infringer Policy (as provided by Section 11.7 (Repeat Infringer Policy)).
Please note that Mushroom may not be able to reinstate certain material or access to it due to factors such as the passage of time or the format in which the material was broadcast or stored.</li>
<li>How to Submit a Counter-Notification.
If you are a Registered User and a notification of claimed infringement has been submitted against Your Content, we encourage you to review the details we have provided and consider your options.
If you believe that the notification, and any action Mushroom has taken as a result, was sent due to a mistake (for example, you believe your actions qualify as fair use under U.S.
law) or misidentification, then you may send us a counter-notification.
To send a counter-notification, please provide all of the following information: (a) URL(s) where the material that was the subject of the notification of claimed infringement appeared before it was identified, removed, or access to it was disabled.
(b) name of the claimant who submitted the notification.
(c) your Mushroom username, if any.
(d) your full legal name.
(e) your email address.
(f) your full postal address.
(g) your phone number.
and (h) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you have a good faith belief that the material identified in the notification was identified, removed, and/or disabled as a result of mistake or misidentification.
You also have the option to explain why you believe there was a mistake or misidentification.
Counter-notifications that include all of the information above should be sent to Mushroom’s Copyright Agent as identified in Section 11.1 (Procedure for Making Claims of Copyright Infringement).
Keep in mind that failure to provide this information could result in Mushroom being unable to take action in response to your counter-notification.</li>
<li>How to Submit a Retraction.
If you are a Registered User who has received a notification of claimed infringement, you can seek a retraction by reaching out to the rights holder or agent who sent the notification directly.
Mushroom will honor retractions of notifications from the party that originally submitted the notifications.
If you are a rights holder or agent who submitted a notification that you wish to retract, please contact Mushroom’s Copyright Agent as identified in Section 11.1 (Procedure for Making Claims of Copyright Infringement) with the following information: (a) the date of your original notification.
(b) the copyrighted work(s) allegedly infringed.
(c) the URL(s) where the allegedly infringing material could be found.
and (d) a signature.</li>
<li>Repeat Infringer Policy.
Mushroom will terminate a Registered User’s access to the Services if such Registered User is determined by Mushroom to be a “repeat infringer” of copyrighted works on the Services.
Under our policy, a Registered User will be considered a repeat infringer if they accrue three copyright strikes.
Furthermore, we may in appropriate cases and at our sole discretion, limit access to the Services and/or terminate the Accounts of any Registered User who blatantly and egregiously infringes the intellectual property rights of others, whether or not repeat infringement has occurred.
Registered Users generally earn a strike when Mushroom receives a complete notification of infringement and does not receive a complete counter-notification regarding the alleged infringement or a retraction of the notification.
Strikes are not permanent, but rather are associated with an Account for enough time for Mushroom to determine whether the Registered User is engaging in repeated infringement such that termination is necessary under this policy.
When determining whether Registered Users are repeat infringers under this policy, we take into consideration complete notifications of claimed infringement from rights holders, complete counter-notifications from Registered Users, retractions from rights holders, and other relevant factors and circumstances.
Mushroom may also ask the complainant and/or Registered User for more information where we think it’s necessary to fairly apply our Repeat Infringer Policy.
If a relevant court rules that a Registered User is an “infringer” or “repeat infringer” on Mushroom, we will take that ruling as conclusive under our Repeat Infringer Policy.
To provide judicial determinations showing that a Registered User is an infringer, or a repeat infringer, on the Services, please forward it to our Mushroom’s Copyright Agent as identified in Section 11.1 (Procedure for Making Claims of Copyright Infringement) with “court ruling regarding infringer/repeat infringer” in the subject line.
Mushroom personnel will review the submission and may contact the complainant and/or Registered User to verify the court ruling and understand its scope.</li>
</ol>
<ol>
<li>MONITORING AND ENFORCEMENT.
Mushroom reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion.
(b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Mushroom.
(c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
and/or (d) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.</li>
</ol>
<p>If Mushroom becomes aware of any possible violations by you of the Agreement, Mushroom reserves the right to investigate such violations.
If, as a result of the investigation, Mushroom believes that criminal activity has occurred, Mushroom reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.
Mushroom is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Mushroom’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process, or governmental request.
(ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Mushroom, its Registered Users or the public, and all enforcement or other government officials, as Mushroom in its sole discretion believes to be necessary or appropriate. </p>
<ol>
<li>TERM AND TERMINATION</li>
</ol>
<ol>
<li>Term.
The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.</li>
<li>Termination of Services by Mushroom. Mushroom has the right to, immediately and without notice, suspend or terminate any Services provided to you.
You agree that all terminations for cause shall be made in Mushroom’s sole discretion and that Mushroom shall not be liable to you or any third party for any termination of your Account.</li>
<li>Termination of Services by You. If you want to terminate the Services provided by Mushroom, you may do so by (a) notifying Mushroom at any time and (b) closing your Account for all of the Services that you use.
Your notice should be sent to Mushroom’s email address set forth below.
</li>
<li>Effect of Termination.
Termination of any Service includes removal of access to such Service and barring of further use of the Service.
Termination of all Services also includes deletion of all information, files, and Content associated with or inside your Account (or any part thereof), including Your Content.
Upon termination of any Service, your right to use such Service will automatically terminate immediately.
You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.
Mushroom will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.</li>
<li>No Subsequent Registration.
If your registration(s) with, or ability to access, the Services or any other Mushroom community, is discontinued by Mushroom due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Mushroom community through use of a different email address or otherwise.
In the event that you violate the immediately preceding sentence, Mushroom reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.</li>
</ol>
<ol>
<li>INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.
These references do not imply that Mushroom intends to announce such Services or Content in your country.
The Services are controlled and offered by Mushroom from its facilities in the United States of America.
Mushroom makes no representations that the Services are appropriate or available for use in other locations.
Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.</li>
<li>DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.
It requires U.S.
users to arbitrate disputes with Mushroom and limits the manner in which you can seek relief from us.</li>
</ol>
<ol>
<li>Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Mushroom, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify, and (b) you or Mushroom may seek equitable relief in court for infringement or other misuse of intellectual property rights.
This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
</li>
<li>Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent, Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.
Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/.
all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.
JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Mushroom will pay them for you.
In addition, Mushroom will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
</li>
</ol>
<p>You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
</p>
<ol>
<li>Authority of Arbitrator.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.
The arbitration will decide the rights and liabilities, if any, of you and Mushroom.
The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement).
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and us.
</li>
<li>Waiver of Jury Trial.
YOU AND MUSHROOM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Mushroom are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 (Applicability of Arbitration Agreement) above.
An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.
However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
</li>
<li>Waiver of Class or Other Non-Individualized Relief.
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California.
All other disputes, claims, or requests for relief shall be arbitrated.
</li>
<li>30-Day Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: playon@mushroom.gg, within thirty (30) days after first becoming subject to this Arbitration Agreement.
Your notice must include your name and address, your Mushroom username (if any), the email address you used to set up your Mushroom Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.
Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.</li>
<li>Severability.
Except as provided in Section 15.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.</li>
<li>Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with Mushroom.</li>
<li>Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Mushroom makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Mushroom at the address provided in Section 16.8 (Notice).</li>
</ol>
<ol>
<li>GENERAL PROVISIONS</li>
</ol>
<ol>
<li>Governing Law.
Any dispute, claim or request for relief relating in any way to your use of the services will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
</li>
<li>Exclusive Venue.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Mushroom agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Santa Clara County, California.</li>
<li>Electronic Communications.
The communications between you and Mushroom may take place via electronic means, whether you visit the Services or send Mushroom emails, or whether Mushroom posts notices on the Services or communicates with you via email.
For contractual purposes, you (a) consent to receive communications from Mushroom in an electronic form.
and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mushroom provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C.
§7001 et seq.
</li>
<li>Assignment.
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mushroom’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.</li>
<li>Force Majeure.
Mushroom shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
</li>
<li>Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to the Services, please contact us at: playon@mushroom.gg.
We will do our best to address your concerns.
If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.</li>
<li>Choice of Language.
It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
</li>
<li>Notice.
Where Mushroom requires that you provide an email address, you are responsible for providing Mushroom with your most current email address.
In the event that the last email address you provided to Mushroom is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Mushroom’s dispatch of the email containing such notice will nonetheless constitute effective notice.
You may give notice to Mushroom at the following address: 3470 Middlefield Road, Palo Alto, CA 94306.
Such notice shall be deemed given when received by Mushroom by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.</li>
<li>Waiver.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.</li>
<li>Severability.
If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.</li>
<li>Export Control.
You may not use, export, import, or transfer any Services except as authorized by U.S.
law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S.
Department of Commerce’s Denied Person’s List or Entity List.
By using the Services, 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 also will not use the Services for any purpose prohibited by U.S.
law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
You acknowledge and agree that products, services or technology provided by Mushroom are subject to the export control laws and regulations of the United States.
You shall comply with these laws and regulations and shall not, without prior U.S.
government authorization, export, re-export, or transfer Mushroom products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.</li>
<li>Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.</li>
<li>Entire Agreement.
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.</li>
</ol>
<p>
</p>
<p>.</p>
<p>
</p> Privacy PolicyLast updated: November 5, 2020The Base Holding Company ("us", "we", or "our") operates the Mushroom.gg Discord bot and website (the "Service").This page informs you of our policies regarding the collection, use, and disclosure of Personal Information when you use our Service.We will not use or share your information with anyone except as described in this Privacy Policy.We use your Personal Information for providing and improving the Service.
By using the Service, you agree to the collection and use of information in accordance with this policy.
Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.Information Collection And UseWhile using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.
Personally identifiable information may include, but is not limited to, your name, email address, and Discord account ("Personal Information").Log DataWe collect information that your browser sends whenever you visit our Service ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.In addition, we may use third party services such as Mixpanel, Google Analytics, and Amazon AWS that collect, monitor, and analyze this type of information in order to increase our Service's functionality.
These third party service providers have their own privacy policies addressing how they use such information.When you access the Service by or through a mobile device or PC, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.When you access the Service through the Discord bot, we may collect certain information automatically, including, but not limited to, the Discord account you use to interact with the Service and other information provided by Discord.
Data provided by Discord is automatically deleted after 90 days.Service ProvidersWe may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.In the event where these third parties have access to your Personal Information it is only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.Business TransactionIf The Base Holding Company is involved in a merger, acquisition or asset sale, your Personal Information may be transferred.
We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.SecurityThe security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure.
While we strive to use commercially acceptable means to protect your Personal Information, such as using hashed passwords and encrypting all communication sent over the internet, we cannot guarantee its absolute security.International TransferYour information, including Personal Information, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.If you are located outside the United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to the United States and process it there.Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.Links To Other SitesOur Service may contain links to other sites that are not operated by us.
If you click on a third party link, you will be directed to that third party's site.
We strongly advise you to review the Privacy Policy of every site you visit.We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.Children's PrivacyOur Service does not address anyone under the age of 13 ("Children").We do not knowingly collect personally identifiable information from children under 13.
If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us.
If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.Changes To This Privacy PolicyWe may update our Privacy Policy from time to time.
We will notify you of any changes by posting the new Privacy Policy on this page.You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.Contact UsIf you have any questions about this Privacy Policy, please contact us.