Yuki Sora - Terms of Service
Welcome to Weebs Kingdom!
Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of
an
entity
(“you”) and Noah Till, doing business as YukiSora ("YukiSora", “we”, “us”, or “our”), concerning your access to
and
use
of the YukiSora Bot as well as any other media form, website, media channel, mobile website or mobile
application
related, linked, or otherwise connected thereto (collectively, the “Bot”). You agree that by accessing the Bot,
you
have
read, understood, and agree 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 BOT AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby
expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications
to
these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of
these
Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you
check
the
applicable Terms every time you use our Bot so that you understand which Terms apply. You will be subject to,
and
will
be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your
continued
use
of the Bot after the date such revised Terms of Use are posted.
The information provided on the Bot is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject
us
to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to
access
the
Bot from other locations do so on their own initiative and are solely responsible for compliance with local
laws, if
and
to the extent local laws are applicable.
The Bot is 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 Bot. You may not use the Bot in a way that would violate the Gramm-Leach-Bliley
Act
(GLBA).
The Bot is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in
which
they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their
parent
or
guardian to use the Bot. If you are a minor, you must have your parent or guardian read and agree to these Terms
of
Use
prior to you using the Bot.
Intellectual Property Rights
Unless otherwise indicated, the Bot is our proprietary property and all source code, databases, functionality,
software,
website designs, audio, video, text, photographs, and graphics on the Bot (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed
to
us,
and are protected by copyright and trademark laws and various other intellectual property rights and unfair
competition
laws of the United States, international copyright laws, and international conventions. The Content and the
Marks
are
provided on the Bot “AS IS” for your information and personal use only. Except as expressly provided in these
Terms
of
Use, no part of the Bot and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Bot, you are granted a limited license to access and use the Bot and
to
download or print a copy of any portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Bot, the Content
and
the
Marks.
User Representations
By using the Bot, you represent and warrant that: (1) you have the legal capacity and you agree to comply with
these
Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you
reside,
or
if a minor, you have received parental permission to use the Bot; (4) you will not access the Discord Bot
through
automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Bot for any
illegal
or unauthorized purpose; and (6) your use of the Bot will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or
terminate your account and refuse any and all current or future use of the Bot (or any portion thereof).
Prohibited Activities
You may not access or use the Bot for any purpose other than that for which we make the Bot available. The Bot
may
not
be used in connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Bot, you agree not to:
- Systematically retrieve data or other content from the Bot to create or compile, directly or indirectly,
a
collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information
such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Bot, including
features
that
prevent or restrict the use or copying of any Content or enforce limitations on the use of the Bot
and/or
the
Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Bot
- Use any information obtained from the Bot in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Bot in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes
with
any
party’s uninterrupted use and enjoyment of the Bot or modifies, impairs, disrupts, alters, or interferes
with
the use, features, functions, operation, or maintenance of the Bot.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using
any
data
mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or
“passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Bot or the networks or services connected to
the
Bot.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of
the
Bot to you.
- Attempt to bypass any measures of the Bot designed to prevent or restrict access to the Bot, or any
portion
of
the Bot.
- Copy or adapt the Bot’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software
comprising or in any way making up a part of the Bot.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop,
or
distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or
offline reader that accesses the website, or using or launching any unauthorized script or other
software.
- Use a buying agent or purchasing agent to make purchases on the website.
- Make any unauthorized use of the Bot, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated
means or under false pretenses.
- Use the Bot as part of any effort to compete with us or otherwise use the Bot and/or the Content for any
revenue-generating endeavor or commercial enterprise.
- Exchange virtual currency for real value in any way.
- Initiate illegitimate chargebacks.
- Use any type of unauthorized automation within Discord.
- Use the bot for unauthorized advertisements.
Contribution License
You and the Bot agree that we may access, store, process, and use any information and personal data that you
provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Bot, you agree that we can use and share such feedback
for
any
purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions
and
any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable
for
any
statements or representations in your Contributions provided by you in any area on the Bot. You are solely
responsible
for your Contributions to the Bot and you expressly agree to exonerate us from any and all responsibility and to
refrain
from any legal action against us regarding your Contributions.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding
the
Bot ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual 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.
Third-Party Websites and Content
The Bot may contain (or you may be sent via the Bot) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software,
and
other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party
Websites
and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness
by
us, and we are not responsible for any Third-Party Websites accessed through the Bot or any Third-Party Content
posted
on, available through, or installed from the Bot, including the content, accuracy, offensiveness, opinions,
reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion
of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content
does
not
imply approval or endorsement thereof by us. If you decide to leave the Bot and access the Third-Party Websites
or
to
use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use
no
longer
govern. You should review the applicable terms and policies, including privacy and data gathering practices, of
any
website to which you navigate from the Bot or relating to any applications you use or install from the Bot. Any
purchases you make through Third-Party Websites will be through other websites and from other companies, and we
take
no
responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable
third
party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites
and
you
shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you
shall
hold
us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
Bot Management
We reserve the right, but not the obligation, to: (1) monitor the Bot for violations of these Terms of Use; (2)
take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,
including
without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible)
any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Bot or otherwise disable all files and content that are excessive in size or are
in
any
way burdensome to our systems; and (5) otherwise manage the Bot in a manner designed to protect our rights and
property
and to facilitate the proper functioning of the Bot.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://weebskingdom.com/privacy. By
using
the
Bot, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised
the
Bot is hosted in Germany. If you access the Bot from any other region of the world with laws or other
requirements
governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through
your
continued use of the Bot, you are transferring your data to Germany, and you agree to have your data transferred
to
and
processed in Germany. Further, we do not knowingly accept, request, or solicit information from children or
knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive
actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite
and
verifiable parental consent, we will delete that information from the Bot as quickly as is reasonably practical.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Bot. WITHOUT LIMITING ANY OTHER
PROVISION
OF
THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO
AND
USE OF THE BOT (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF
ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your access for any reason, you are prohibited from using a new account under your
name,
a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action,
including
without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the bot at any time or for any reason at our
sole
discretion without notice. However, we have no obligation to update any information on our bot. We also reserve
the
right to modify or discontinue all or part of the bot 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 bot.
We cannot guarantee the bot will be available at all times. We may experience hardware, software, or other
problems
or
need to perform maintenance related to the bot, resulting in interruptions, delays, or errors. We reserve the
right
to
change, revise, update, suspend, discontinue, or otherwise modify the bot at any time or for any reason without
notice
to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability
to access or use the bot during any downtime or discontinuance of the bot. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the bot or to supply any corrections, updates, or releases in
connection therewith.
Governing Law
These conditions are governed by and interpreted following the laws of Germany, and the use of the United
Nations
Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is
in
the
EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of
the
law
of your country of residence. Noah Till and yourself both agree to submit to the non-exclusive jurisdiction
of the courts of Hesse, which means that you may make a claim to defend your consumer protection rights in
regards
to
these Conditions of Use in Germany, or in the EU country in which you reside.
Corrections
There may be information on the bot that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the bot at any time, without prior notice.
Disclaimer
THE BOT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES
WILL BE
AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION
WITH THE BOT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS
OF THE BOT’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE BOT 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 BOT, (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 WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE BOT BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS 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 BOT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BOT, 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 OF 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.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BOT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US
STATE
LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY
HAVE
ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Bot;
(2)
breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of
Use;
(4)
your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)
any
overt harmful act toward any other user of the Bot with whom you connected via the Bot. Notwithstanding the
foregoing,
we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you
are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will
use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification
upon
becoming aware of it.
User Data
We will maintain certain data that you transmit to the Bot for the purpose of managing the performance of the
Bot,
as
well as data relating to your use of the Bot. Although we perform regular routine backups of data, you are
solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the Bot.
You
agree
that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any
right
of
action against us arising from any such loss or corruption of such data.
Electric Communications, Transactions and Signatures
Using the Bot, visiting the website, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Bot, satisfy any
legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR
COMPLETED BY US OR VIA THE BOT. You hereby waive any rights or requirements under any statutes, regulations,
rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division
of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the website or in respect to the Bot
constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision
of
these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the
fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall
not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable,
that
provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity
and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship
created between you and us as a result of these Terms of Use or use of the Bot. You agree that these Terms of
Use
will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have
based
on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these
Terms of
Use.