These Terms of Service (the “Terms”), which include and hereby incorporate the Privacy Policy at https://dougley.com/discord/privacy (the “Privacy Policy”), are a legal agreement between Dougley (“us”, “we”) and you. By using any of the services we offer (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.

We reserve the right, in our 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 immediately upon posting, and your continued use of the Service after any changes or modifications to these Terms are posted 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.

Rights to use the Service

Subject to compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

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 us or its licensors, except for the permissions and rights expressly granted in these Terms.

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We reserve to refuse any user access to the Service without notice for any reason, including but not limited to a violation of the Terms.

If you violate these Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend your acccess to the Service. You agree that we need not provide you notice before terminating or suspending your access to the Service, but it may do so.

Governing law

By using the service you agree that the laws of the Kingdom of the Netherlands, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us.

Intellectual Property Rights

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 Data, collectively referred to as the “Service Materials”, are, as between Dougley and you, owned by Dougley and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials.

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 us, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by us and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

Your Data

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Data.” You represent and warrant that Your Data 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 us incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Data is your sole responsibility and we are not responsible for any material that you upload, post, or otherwise make available.

By uploading, distributing, transmitting or otherwise using Your Data with the Service, you grant to us a nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use Your Data, subject to our Privacy Policy.

We do 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 we 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.

We reserve the right to remove and permanently delete Your Data from the Service with or without notice for any reason or no reason. You may notify us of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing [email protected]

Rules of Conduct and Usage

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 as well as any additional restrictions set forth in the Service.

Additionally, you agree to not:

  • upload content to the Service which is obscene, indecent, vulgar, pornographic, illicit, unsavory, sexual, or otherwise objectionable;
  • upload content to the Service that aims to defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
  • upload content to the Service that aims to violate the contractual, personal, intellectual property or other rights of any party in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • use the Service to facilitate unsavory practices, including but not limited to spam, phishing, distributing malware, etc;
  • 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.

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 or improper use of the Service and to take action including exclusion from further participation in the Service.

Feedback

Feedback concerning any of the outlined Services is appreciated. However, you agree that upon submission of feedback, you forego any rights to the content, title, or intent of the provided feedback. Additionally, the feedback you provide may be used in any way.

Fees & Charges

Some parts of the Service might require additional payment. In exchange for your use of these parts of the Service, you agree to pay the specified price for the chosen registration period. Refunds will not be issued once payment has been remitted and your plan has been activated.

Lifetime subscription plans

For the purpose of plan provisioning, “lifetime” refers to the life of the service.

Termination

These terms can be terminated at any time by removing the Service from your Discord servers, additionally you may revoke authorization of the Service in your “Authorized Apps” menu on Discord.

Limitation of Liability

IN NO EVENT WILL WE, 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN 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. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE.

The foregoing exclusions and limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Dougley shall not be liable for user content, including without limitation Your Data, 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.