Terms of Service

Terms of service These Terms of Service ("Terms") govern your access to and use of Dbots’s website (www.top.gg), products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy policy. 1. Using Dbots a. Who can use Dbots You may use our Products only if you can form a binding contract with Dbots, and only in compliance with these Terms and all applicable laws. When you create your Dbots account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. b. Our license to you Subject to these Terms and our policies (including our Community guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. c. Commercial use of Dbots Unless otherwise expressly authorized herein or by us, you agree not to display, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Dbots service. 2. Your content a. Posting content Dbots allows you to submit your bot, including it's profile picture, username and discriminator, ID and avatar hash. Anything you submit or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you submit to Dbots. b. How Dbots and other users can use your content You grant Dbots and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Dbots solely for the purposes of operating, developing, providing, and using the Dbots Products. Nothing in these Terms shall restrict other legal rights Dbots may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. Copies of content shared with others may remain even after you delete the content from your account. c. How long we keep your content Following termination or deactivation of your account, or if you remove any User Content from Dbots, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Dbots and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Dbots. d. Feedback you provide We value hearing from our users, and are always interested in learning about ways we can make Dbots more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Dbots does not waive any rights to use similar or related Feedback previously known to Dbots, or developed by its employees, or obtained from sources other than you. 3. Security We care about the security of our users. While we work to protect the security of your content and account, Dbots cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. 4. Third-party links, sites, and services Our Products may contain (back)links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Dbots. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Dbots, you do so at your own risk and you agree that Dbots will have no liability arising from your use of or access to any third-party website, service, or content. 5. Termination Dbots may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-11 of these Terms. We reserve the right to refuse service to anyone. 6. Indemnity You agree to indemnify and hold harmless Dbots and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms. 7. Disclaimers The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. DBOTS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Dbots takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Unfortunately, people post bad stuff on user-generated content sites like Dbots. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us. 8. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, DBOTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DBOTS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED EURO (€100). 9. Dispute Resolution For any dispute you have with Dbots, you agree to first contact us and attempt to resolve the dispute with us informally. If Dbots has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms under the exclusive jurisdiction of the Courts in Amsterdam, The Netherlands. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. 10. Governing law and jurisdiction These Terms shall be governed by the laws of The Netherlands and are subject to the exclusive jurisdiction of the courts of Amsterdam. 11. DonateBot Usage By using DonateBot, you are fully responsibly for handling VAT, sales tax, and any other sort of applicable tax that may apply to your transaction. You fully indemnify Dbots B.V. against any and all liability with regards to any payment duties you, as the seller have, for handling taxes in the countries you operate in. DonateBot does not process payments - it is an integration so that you can accept payments to your Paypal in Discord. 12. General terms Notification procedures and changes to these Terms Dbots reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dbots without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Entire agreement/severability These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with Dbots in connection with the Products, shall constitute the entire agreement between you and Dbots concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dbots's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Parties Dbots is a worldwide service and our reference to Dbots in these Terms includes Dbots BV and all of its worldwide subsidiaries. These Terms are a contract between you and and Dbots BV, with it’s office registered at Gooimeer 8, 1411DD Naarden, The Netherlands. Effective February 1st 2018