Terms of service
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This version was published at Sunday, December 19, 2021 3:46 PM
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the https://sincerelybot.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Company", "Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
You agree that by accessing the Website and Services, you have read, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Website and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Website and Services. You may not use the Website and Services in a way that would biolate the Gramm-Leach-Billey Act (GLBA).
The Website and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website and Services.
We also want to make it very clear that we are a private entity, as such freedom of speech is not applicable to the Website and Services. Freedom of speech protects you from being prosecuted by a government for your speech, keep in mind that there are also limitations on freedom of speech.
We may provide a summary of a section to help understand the document better, however these summaries provide no rights. If a the summary conflicts with the full description, then the full description will be used.
1. Account and membership
1. Account and membership
Summary: You must be at least 13 years old to use SincerelyBot, you are responsible for your account and are not allowed to provide false information. Furthermore we reserve the right to suspend, disable or delete your account (or any part thereof).
You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age.
If you create an account on the Website or Discord Bot, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) without limiting any other provision of these terms of use, at our sole discretion and without notice or liability. For any reason or no reason at all. Including but not limited to having violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your userID and Internet protocol address to prevent further registration.
2. User content
2. User content
Summary: We do not own any Content that you sumbit to SincerelyBot. You are solely responsible and liable for your Content. You allow us to process the Content (See full description). We reserve the right to remove your Content.
We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you.
You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
3. Adult content
3. Adult content
Summary: We try to make sure that SincerelyBot doesn't contain adult content. It's however possible that users find a work arround. We try to make keep this in check.
While we try to prevent any adult or mature content in SincerelyBot, there might be cases where users find ways to slip in Adult content. Such as inappropiate names in the User Card. If you see inappropiate content please report it to a member of the Moderation Team.
If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Website and Services may not be available to children under 18 under any circumstances.
4. Backups
4. Backups
Summary: We backup the Website and its Content, but you are responsible for maintaining your own backups. We do not guarantee backups.
We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data.
We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
5. Links to other resources
5. Links to other resources
Summary: We are not responsible for links to other resources, you are responsible for making sure the resources are safe and review their policies.
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
6. Prohibited used
6. Prohibited used
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
- For any unlawful purpose
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimate, or discriminated based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the internet
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.
- Use of any information obtained from the Website and Services in order to harass, abuse, or harm another person.
- Interfere with, disrupt, or create an undue burden on the Website and Services or the networks or services connected to the Website and Services.
- Attempt to impersonate another user or person or use the username of another user.
- Copy or adapt the Website and Services software, including but not limited to CSS, HTML, JavaScript, or other code.
- Sell or otherwise transfer your profile.
- Engage in automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
7. Intellectual property rights
7. Intellectual property rights
Summary: We remain the sole owner of intellectual property owned by SincerelyBot. This agreement doesn't transfer any intellectual property rights to you.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors.
Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
8. Infrigment on Intellectual property rights
8. Infrigment on Intellectual property rights
Summary: If you believe content is infringing on your intellectual property rights, contact us on Discord AnxySlender#1337.
If you believe any content on our Website and Services are infringing on your Intellectual property rights, please contact us at Discord AnxySlender#1337 and we will remove the content as soon as possible and contact you about any further steps.
Our users are solely responsible for any content that is found to be infringing on your Intellectual property rights, we do our best to prevent infringing content to appear on our Website and Services within reason. We however take no liability for content that was found to be infringing on Intellectual property rights.
9. Submissions
9. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website and Services ("Submissions") provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intelectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. Disclaimer
10. Disclaimer
The Website and Services are provided on an as-is and as-available basis. You agree that your use of the Website and Services will be at your sole risk. To the fullest extend permitted by law, we disclaim all warranties, express, or implied, in connection with the Website and Services and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infrigment.
We make no warranties or representations about the accuracy or completeness of the Website and Services content or the content of any websites linked to the Website And Service, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, throjan horses, or the like which may be transmitted to or through the Website and Services by any third party, and/or (6) any errors or omission in any content and materials or for 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 Website and Services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website and Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers or products or services. As 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.
11. Availability of service
11. Availability of service
Summary: We make no warranties for the availability. We reserve the right to discontinue SincerelyBot at any point.
We make no warranties for the availability of the Website and Services. And reserve the right to terminate our Website and Services at any point, without prior notice and for any reason or no reason at all. We make no guarantees that our service will remain online, and make no guarantee of availability of our Website and Services.
We also reserve the right to change, modify, or remove the contents of the Website and Services at any time for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website and Services. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website and Services.
We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Website and Services at any time or for any reason without notice to you.
Nothing in this Agreement will be construed to obligate us to maintain and support the Website and Services to supply any corrections, updates, or releases in connection therewith.
12. Limitation of liability
12. Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
13. Indemnification
13. Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
14. Severability
14. Severability
Summary: If one part of this Agreement is invalidated, it only invalidates that specific part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
15. Dispute resolution
15. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Netherlands without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Netherlands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Netherlands, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
16. Privacy policy
16. Privacy policy
We deeply care and value your privacy, as such we recommend you read our Privacy policy at https://sincerelybot.com/privacy.
17. Changes and amendments
17. Changes and amendments
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send a Discord message to AnxySlender#1337