Last updated: Feb 4, 2023

These Terms of Service ("Terms") apply to your access and use of Soundboard Bot and our website (collectively, the "Service"). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Service.

Please read these Terms of Service carefully before you start to use the Service. By using any of the foregoing or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or Privacy Policy, you must not access or use the Service in whole or in part.

User Representations

By using the Service, you represent and warrant that:

• You have the legal capacity to, and you agree to comply with these Terms; and
• You are not under 13 years of age

Access

We may withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service.

You are responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.

Intellectual Property Rights

The Service and its entire contents, features, and functionality, including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available on the Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages for your own personal, noncommercial use and not for further reproduction, publication, or distribution;
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications;
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Service.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

You must not access or use for any commercial purposes any part of the Service or any of our services or materials available through the Service. If you wish to make any use of material on the Service other than that set out in these Terms, please contact us.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation, including without limitation any laws regarding the export of data or software to and from the US or other countries.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

If you use the Service to commit or attempt any criminal offense, including without limitation any violation of any applicable federal, state, local, or international law or regulation, we may do one or more of the following:

• Disclose information about you, including your identity and other personal data, to law enforcement authorities; and
• Immediately terminate your right to use the Service.

Additionally, you agree not to:

• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Impersonate or attempt to impersonate us, any of our employees, another user, or any other person, including without limitation by using email addresses or screen names associated with any of the foregoing.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other user’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material available on or through the Service.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, any server on which the Service or any part thereof is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

User Contributions

Our Service allows you and other users to upload, post, link and otherwise make available content (collectively, “User Contributions”).

When you upload, post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. 

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or any other protected classification.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.
• Violate the legal rights, including without limitation the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms or our Privacy Policy.
• Be likely to deceive any person.
• Advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any person.
• Impersonate or misrepresent your identity or affiliation with any person.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Imply that they emanate from or are endorsed by us or any other person if they do not or are not.

Monitoring and Enforcement of User Contributions

We may:

• Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion if we believe that such User Contribution violates these Terms, including without limitation the Content Standards, infringes any intellectual property right or other right of any person, threatens the personal safety of users of the Service or the public, or could create liability for us.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any violation of these Terms.

Without limiting the foregoing, we may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Digital Millennium Copyright Act

We respect the intellectual property of others and require that you do the same. In accordance with the Digital Millennium Copyright Act (the “DMCA”), the text of which may be found at https://www.copyright.gov/legislation/pl105-304.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below.

• We will terminate the user accounts of repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our designated Copyright Agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Our designated Copyright Agent to receive notifications of claimed infringement is: [email protected].
• You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid. We may give notice to users of any infringement notice by one or more of the following means:
• A general notice on the service;
• E-mail to a user’s e-mail address in our records; or
• Written communication sent by first-class mail to a user’s physical address in our records.
• If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or under the law, to post and use the content in your User Contribution, you may send a counter-notice containing the following information to our Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a federal District Court for the judicial district in which your physical address is located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.

The Service includes content provided by third parties, including materials provided by other users. All statements, including without limitation opinions, expressed in such content, and all responses to such statements and other third party content, other than materials provided by us, are solely the responsibility of the person providing them. Such third party content does not necessarily reflect our opinion. We are not liable or responsible to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Service

The content on the Service is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Privacy Policy

All information we collect through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your personal data in compliance with the Privacy Policy.

Links to Other Websites

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including without limitation banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.

Geographic Restrictions

We are based in the United States and provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE OR ON ANY WEBSITE LINKED TO THE SERVICE.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, ITS CONTENT, OR BOTH.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER OR SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law and does not apply to liability resulting from gross negligence or willful misconduct.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including without limitation reasonable attorneys’ fees, arising out of or relating to one of more of the following:

• Your violation of these Terms or your use of the Service, including without limitation your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms, and
• Your use of any information obtained through the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including without limitation non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Oregon without regard to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to the Service or these Terms will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon (in each case located in the City of Portland and County of Multnomah). You waive all objections to the exercise of jurisdiction over you by and to venue in such courts.

Class Action Waiver

Any lawsuit arising from these Terms or access to or use of the Service will take place exclusively on an individual basis. YOU AND WE AGREE THAT CLAIMS AGAINST THE OTHER MAY BE BROUGHT ONLY IN A PARTY’S RESPECTIVE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver

No waiver by us of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

Servability

If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service immediately and without notice to you. 

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Changes to These Terms

Please periodically review these Terms for any changes, as we may update them from time to time. We will update the “Last updated” date at the top of these Terms and notify you of any such change by a prominent notice on the Service, by email, or with a message in Discord, before the change becomes effective. Changes to these Terms are effective when they are posted on this page; however, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this page. Your continued use of the Service in whole or in part following the posting of revised Terms means that you accept and agree to the changes.

Contact Us

Questions about the Terms can be sent to [email protected].