Using PixxieBot is at-will and can be terminated at any time by either us or you for any reason. By using PixxieBot, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorised to use the Site or the Bot. These TOU are a legal contract between you and PixxieBot and govern your access to and use of the Bot.
The purpose of PixxieBot is to provide Discord channels with fun and factual commands, helping you build activity on your Discord server and create a community.
The information supplied by PixxieBot is provided for entertainment and informational purposes only. You agree that you will only use PixxieBot, or data/information provided by it, for its intended purposes, and not for other commercial ventures without first seeking approval from PixxieBot.
By using PixxieBot, you may need to interact with other users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. PixxieBot is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through interactions with the bot by another user or through PixxieBot's own Discord server.
PixxieBot hereby grants you a revocable and nonexclusive right and license to use PixxieBot's Site (including any underlying software) and Bot in a manner that is consistent with the other terms in these TOU and PixxieBot's intended purposes. PixxieBot reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TOU.
PixxieBot does not warrant or guarantee the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the information and data contained on the Site or distributed by the Bot. In no event shall PixxieBot be liable to you or anyone else for any decision made or action taken by you in reliance of any information or data found on the Site or through the Bot.
You also agree to allow us to distribute messages to your Discord server(s) as we deem necessary, without limitation. This includes the ability to associate a sponsored message (promoting either PixxieBot or a third party) alongside the message. Any attempt to remove or block sponsored messages from your Discord server(s) will result in a temporary or permanent ban of your Discord server(s) from the PixxieBot service at the discretion of PixxieBot.
PixxieBot reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s). PixxieBot does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site and Bot is done at your own risk.
Some content on the Site and distributed by the Bot remains property of the 3rd parties where they are obtained.
Other than the exceptions referenced in these TOU or noted elsewhere, the major exception being UGC uploaded/posted by users which remains the property of the users, all other content on the Site and Bot is the property of PixxieBot including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “PixxieBot Content”).
Certain elements of PixxieBot, including but not limited to, text, graphics, photos, images, video, audio, colour selections, organisation and layout, are copyright protected under Irish and international copyright laws and treaty provisions. Any PixxieBot Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission. No right, title, or interest in any PixxieBot Content is transferred to you as a result of you accessing, downloading, or printing such content. Any use of PixxieBot Content must display the appropriate copyright, trademark, and other proprietary notices.
You acknowledge that you have no right, title, or interest in or to PixxieBot and/or PixxieBot Content.
PixxieBot and the PixxieBot logo are marks of Pixxies Design LTD. Other marks, names, and logos on the Site or in the Bot are the property of their respective owners.
There may be other content located on the Site or in the Bot not owned by PixxieBot, and you should respect those property rights as well. All rights not expressly granted herein are reserved to PixxieBot.
The Site and Bot contain links to external sites not controlled by and/or affiliated with PixxieBot. If you use these links, you will leave the Site or Discord. PixxieBot provides these links to you only as a convenience. PixxieBot is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
In connection with your access and/or use of the Site or any Site services, you agree not to:
- Violate any international, federal, state, or local laws or regulations.
- Upload/post anything that imposes an unreasonable or disproportionately large strain on PixxieBot's network or computer infrastructure.
- Engage in any behaviour that is designed to hack into or gain unauthorised access to protected areas of the Site and/or PixxieBot's computers, servers or networks, and/or any computers or systems used by other users of the Site or Bot.
- Upload/post anything that could destroy, damage, or impair any portion of the Site or Bot or any computers, systems, hardware, or software used by PixxieBot or other users.
- Make unauthorised attempts to modify any information stored on the Site or in the Bot's data servers.
- Make attempts to defeat or circumvent security features, or to utilise the Site or Bot for any other purpose other than its intended purposes.
- Discuss, incite, or promote illegal activity.
- Upload/post any unsolicited or unauthorised advertising, promotional materials, spam messages, chain letters, pyramid schemes, or any other form of such solicitations.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site or within the Bot.
- Use the Site or Bot to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. PixxieBot reserves the right to terminate your access to the Bot, Site or any Site services for any reason. PixxieBot reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that PixxieBot determines is inappropriate or disruptive to the Bot, Site or to any other users.
PixxieBot is under no duty to, and does not represent it will, monitor and/or remove any UGC.
By accepting these TOU, you waive and hold harmless PixxieBot from any claims resulting from any action taken by PixxieBot during or as a result of PixxieBot's investigation and/or from any actions taken as a consequence of investigations by either PixxieBot or law enforcement related to your use of the Site or Bot.
You agree to indemnify, defend and hold harmless PixxieBot, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defence, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) PixxieBot or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Bot and/or Site and/or any Site goods or services, your breach of these TOU, the use of the Bot or Site by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
PIXXIEBOT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR BOT OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE OR BOT. PIXXIEBOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, THE BOT, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE OR BOT. PIXXIEBOT DOES NOT WARRANT THAT THE SITE OR BOT FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. PIXXIEBOT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR BOT. PIXXIEBOT DOES NOT WARRANT THAT THE SITE, THE BOT AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE OR THE BOT WILL BE CORRECTED, OR THAT THE SITE/BOT/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE, THE BOT AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE OR BOT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, THE BOT OR ANY PIXXIEBOT GOODS OR SERVICES. PIXXIEBOT MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR THE BOT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
IN NO EVENT WILL PIXXIEBOT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PIXXIEBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF:
- 1.THE USE OR INABILITY TO USE THE SITE, THE BOT OR ANY PIXXIEBOT GOODS OR SERVICES
- 2.ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR THE BOT
- 3.ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE OR BOT
- 4.ANY OTHER MATTER RELATING TO THE SITE, THE BOT OR ANY GOOD OR SERVICE OFFERED BY PIXXIEBOT
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PIXXIEBOT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF €100.00 OR THE AMOUNT YOU PAID TO PIXXIEBOT FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TOU, THE SITE, THE BOT, OR ANY GOOD OR SERVICE OFFERED BY PIXXIEBOT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PIXXIEBOT'S OFFERINGS.
GIVEN THAT SOME LOCATIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW.
PixxieBot operates from its headquarters in Ireland, hosting its web services through a third party provider in France. If you use the Site or the Bot outside Ireland or France, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site or Bot violates any of those local laws. By using the Site and Bot, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored Ireland and/or France.
You acknowledge that the opinions and recommendations contained on the Site or in the Bot are not necessarily those of PixxieBot nor endorsed by PixxieBot. Any reliance on any opinions or recommendations offered on the Site or through the Bot is done at your risk. PixxieBot does not guarantee or promise that any opinions and/or recommendations on the Site or in the Bot are accurate or will be helpful to any issue you may have. You agree that PixxieBot is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site or through the Bot.
Any and all disputes relating to these TOU, the Site, the Bot, and/or any goods or services offered by PixxieBot, are governed by, and will be interpreted in accordance with, the laws of Ireland, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Ireland for any litigation arising out of or relating to the use of the Site or Bot, waive any objection to the venue of any such litigation in Irish courts, and agree not to plead or claim in any Irish court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and Bot and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and PixxieBot, with respect to the Site, the Bot or any goods and services provided by PixxieBot.
If you violate any portion of these TOU, PixxieBot reserves the right, without an obligation to do so, to deny you access to the Site, the Bot, and/or remove any UGC you may have posted/uploaded on the Site. If PixxieBot terminates your access to the Site or theBot, PixxieBot may also delete your Site and Bot profiles. PixxieBot has the right to terminate any PixxieBot profile for any reason.
PixxieBot's failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.
PixxieBot reserves the right, without notice and reason, to take down or terminate the Site, the Bot, or otherwise revoke any and all access granted to you related to the Site or the Bot. You agree that PixxieBot is not liable to you or any other third party for this action.
PixxieBot does not assume any liability or responsibility for your use of the Internet, the Site, or the Bot, including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site or using the Bot.
You are free to text link to the Site, PixxieBot support server, or Bot invitation page so long as there is nothing deceptive or infringing about the link. PixxieBot may revoke this linking permission at any time and for any reason.
Certain software elements of the Site, the Bot, and related PixxieBot services may be subject to Irish export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under an Irish embargo or that would otherwise violate Irish law or regulations.