Terms of Use

Terms and conditions of use of the Bits N Bones Website (website) and the Bits N Bones Discord Server (server)

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our Bits N Bones website (website) or Discord server (server), you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you submit any official material or use any of our services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website and server; by using our website or server you are agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2. Credit

2.1 This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/website-terms-and-conditions).

3. Copyright notice

3.1 Copyright (c) 2023 Bits N Bones Gaming.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Permission to use website and Discord server

4.1 You may:

(a) view pages from our website or use our server in a web browser or with the official Discord app;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website or server for your own personal and non-commercial use;

(d) stream audio and video files from our website or server; 

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or server or save any such material to your computer.

4.3 You may only use our website and server for your own personal purposes, you must not use our website for any other purposes without official written consent.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website or server (including republication on another website or social media platform);

(b) sell, rent or sub-license material from our website or server;

(c) show any material from our website or server in public;

(d) exploit material from our website or server for a commercial purpose; or

(e) redistribute material from our website or server.

4.6 Notwithstanding Section 4.5, you may redistribute our webhooks in the server in electronic form to the public.

4.7 We reserve the right to suspend or restrict access to our website or server, to areas of our website or server and/or to functionality upon our website or server. We may, for example, suspend access to the website or server during server maintenance or when we update the website or server. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website or server.

5. Misuse of website or server

5.1 You must not:

(a) use our website or server in any way or take any action that causes, or may cause, damage to the website or server or impairment of the performance, availability, accessibility, integrity or security of the website or server;

(b) use our website or server in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website or server;

(d) probe, scan or test the vulnerability of our website or server without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website or server;

(f) use our website or server to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website or server resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website or server without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or server without our express written consent;

(j) access or otherwise interact with our website or server using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website or server except by means of our public interfaces or appropriate applications;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website or server for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website or server.

5.2 You must not use data collected from our website or server to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website or server, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts for server

6.1 You may register for an account with our server by joining the server with an appropriate Discord invite and then reading (and therefore accepting) the rules. You will be sent a conformation automatically with which you may verify your account and then be granted access.

6.2 You must not allow any other person to use your account to access the server.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person's account to access the server.

7. User login details for server

7.1 You must keep your password confidential.

7.2 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.3 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account for server

8.1 We may:

(a) suspend your account;

(b) cancel your account; 

at any time in our sole discretion with or without notice to you.

8.2 We will usually cancel an account if it remains unused for a continuous period of 24 months.

8.3 You reserve the right to leave the server and thus cancel your account with Bits N Bones at any time.

9. Our rights to use your content

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website or server for storage or publication on, processing by, or transmission via, our website or our server.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You may edit your content to the extent permitted using the editing functionality made available on our website or server.

9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Rules about your content

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be in breach of official secrets legislation;

(j) be in breach of any contractual obligation owed to any person;

(k) depict violence in an explicit, graphic or gratuitous manner;

(l) be pornographic, lewd, suggestive or sexually explicit;

(m) be untrue, false, inaccurate or misleading;

(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(o) constitute spam;

(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; 

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website or server;

(b) that the material on the website or server is up to date;

(c) that the website or server will operate without fault; or

(d) that the website or the server or any services will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website or server services, and to stop publishing our website or server, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or server, or if we stop publishing the website or server.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, server and the use of either or both.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: 

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database, or software.

12.7 We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website or server;

(c) permanently prohibit you from accessing our website or server;

(d) block computers using your IP address from accessing our website or server;

(e) contact any or all of your internet service providers and request that they block your access to our website or server;

(f) commence legal action against you, whether for breach of contract or otherwise; 

13.2 Where we suspend or prohibit or block your access to our website or server or a part of our website or server, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation [creating and/or using a different account.

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website or server from the date of publication of the revised terms and conditions on the website or server, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the server, and you must stop using the server.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms, and conditions, together with our privacy policy and server use rules shall constitute the entire agreement between you and us in relation to your use of our website and server and shall supersede all previous agreements between you and us in relation to your use of our website or server.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with laws of the United States of America.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United States of America.

20. Our details

20.1 This website is owned and operated by Bits N Bones Gaming.

20.2 You can contact us:

(a) by using email to support@bitsnbonesgaming.com;