Gradient's Terms of Service

Effective: February 1, 2025

Last Updated: January 6, 2025

Introduction

This Terms of Service Agreement (the "Agreement") is entered into between Jeremy L. ("Service Owner", "we", "us", "our") and the user ("User") of the Gradient Discord bot (the "Service").

By using the Service, the User agrees to be bound by the terms of this Agreement. If the User does not agree to the terms of this Agreement, they shall immediately discontinue use of the Service.

Supplemental terms and conditions or documents that may be posted on the Service 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 Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. 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 Service by your continued use of the Service after the date such revised Terms of Service are posted.

Prohibited Use

The User may not use the Service in any way that violates applicable laws, rules, or regulations or infringes upon the rights of any third party. The User may not use the Service for any commercial purposes without the express written consent of the Service Owner.

Prohibited use-cases include, but are not limited to, the following:

  1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Use the Service to advertise or offer to sell goods and services.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
  4. Engage in unauthorized framing of or linking to the Service.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. 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 (Excluding the use of our API(s)).
  8. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
  9. Attempt to impersonate another user or person or use the username of another user.
  10. Sell or otherwise transfer any of your accounts created with the Service.
  11. Use any information obtained from the Service in order to harass, abuse, or harm another person.
  12. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
  15. Delete the copyright or other proprietary rights notice from any part of the Service.
  16. Copy or adapt the Service's software.
  17. 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 Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
  18. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
  19. Use the Service in a manner inconsistent with any applicable laws or regulations.
  20. Use the Service in a manner that does not comply with the Discord Terms of Service, found at https://discord.com/terms

Service Management

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, 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 contributions to the Service; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service 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 Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Limitation of Liability

The Service Owner shall not be liable for any damages arising out of the use or inability to use the Service, including but not limited to, damages for loss of profits, loss of data, or other intangible losses.

Modifications to the Service

The Service Owner may modify or discontinue the Service at any time without notice. The User agrees that the Service Owner shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Service.

Intellectual Property

The Service and all intellectual property rights therein are and shall remain the property of the Service Owner. The User agrees not to copy, modify, or distribute the Service or any portion thereof without the express written consent of the Service Owner.

Indemnification

The User agrees to indemnify and hold harmless the Service Owner, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses, including but not limited to reasonable attorneys' fees, arising out of a) the User's use of the Service, or b) a breach of the Agreement.

Termination

This Agreement may be terminated by either party at any time for any reason. Upon termination, the User must immediately cease all use of the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Alberta, Canada.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, whether written or oral, relating to the Service. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.

By using the Service, the User acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions.

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