Benedict 99-40 - Terms of Service

Effective: January 1st, 2020.

Layer 7 Solutions, LLC ("Layer 7 Solutions", "Layer7.Solutions", "us", "we", or "our") operates Benedict-9940.com (the "Website") and the "Benedict 99-40" Discord bot (the "Bot").

By logging into the Website or employing the Bot on your Discord guild ("Guild", "Guilds"), you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Term of Service apply to all users of the Website and all Guilds that employ our Bot.

Please read these Terms of Service carefully before accessing or using our Service. By using our Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not use the Service.

This is an example of a summary. These summaries are not legally binding, but they give you a short version of the terms. Summaries may appear highlighted throughout our Terms of service.

Responsibilities

Don't do bad stuff. Be responsible and use common sense.

You're responsible for your conduct; we take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any behavior or actions of any user of our Service or the misusage of the Service. We may review your conduct for compliance with our Terms of Service. With that said, we have no obligation to do so.

In your use of our website and Service, you must comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

Acceptable Use Policy

You agree not to misuse our Service or help anyone else to do so. For example, you must not even try to do any of the following in connection with our Service:

  • attempt to or do anything that is in violation of the Discord Terms of Service or any other Discord legal policies that Discord users must follow;
  • using our Service to purposefully attempt to interfere with the operations of Discord Inc. or Layer 7 Solutions, LLC.;
  • release, distribute, publish, or make available the personally identifiable information of any Discord User without their explicit permission;
  • access, tamper with, or use non-public areas or parts of our Service;
  • probe, scan, or test the vulnerability of any system or network of our Service;
  • attempt to sell our Service unless specifically authorized to do so;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • violate or threaten to violate the privacy or infringe the rights of others;
  • violate the law in any way.

API Usage

We provide a public API that you may for any purposed provided that you abide by our Terms of Service.

We currently do not have any API limits but we reserve the right to set limits on our API and terminate specific user's access to our API with or without notice. Use our API responsibly and do not attempt to overload our API with too many requests.

Users may generate an API Key for our Service at their User Preferences page. By generating an API key you expressly relieve Layer 7 Solutions from any and all liability arising from your API key being compromised or obtained by people other than yourself.

The Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Layer 7 Solutions from any and all liability arising from your use of any third-party website.

Usage of our Bot

If you or any other staff member on your Discord Guild added the Bot accidentally or without consulting the rest of your Guild's staff team, then that's your problem.

By employing our Bot on your Discord Guild, that is to invite our Bot to your Guild with any "staff" permissions, you must be the Guild Owner of that Discord Guild or you must have the consent of the Guild Owner. By employing our Bot, the Guild Owner of the Discord Guild is entered into binding contract with us through these Terms of Service until the contract is ended by either us terminating your usage of our Service or by you removing the Bot from your Discord Guild; should our Bot be removed from a Guild and later re-employed to that same Guild, then the contract would be restarted. This contract is not between us and Discord Inc. but rather between us and the Guild Owner of the Discord Guild. By the "Warranty and Condition Disclaimer" and "Limitation of Liability" sections of these Terms, we accept no responsibility or liability, and we provide no warranty, should you invite our Bot to your Discord Guild without the consent of the Guild Owner.

You can't use our Bot if your Guild has users under the age of 13. But the Discord Terms of Service has a clause that forbids any user from creating a Discord account if they're under the age of 13 so (as long as you're not purposefully trying to get under age 13 users on your server) you can just assume that your Guild doesn't have any users under that age because legally it's Discord's problem to enforce their Terms of Service, not yours.

Our Service may not be used by any Discord Guild with users under the age of 13.

Termination

We can disable our Service or any aspect of our Service. Although we don't have to give any advance notices, we typically will. The purpose of this section is mostly in case if we run out of funds to run our service.

We reserve the right to suspend or terminate our Service, or any aspect of the Service, for any or no reason, and at any time without prior notice or liability; giving an advance notice or warning does not constitute a waiver of this right. Users may be given but are not guaranteed any sort of prior notice or reasonable explanation.

We reserve the right to discontinue any aspect of our Service at any time with or without advance notice.

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

Beta Service

Beta Service might break, so you should keep that in mind

We may sometimes release products, modules or features that we are still testing and evaluating. Those Service have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as our other service, so please keep that in mind.

Some Legalities

Warranty and Condition Disclaimer

We do our best to make sure our Service work as expected, but stuff happens.

YOU AGREE THAT YOUR USE OF Layer7.Solutions SERVICES SHALL BE AT YOUR SOLE RISK. Layer7.Solutions AND ITS SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Layer7.Solutions, ITS STAFF, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, INTERNS AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE SERVICES AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE.

Layer7.Solutions MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Layer7.Solutions SERVICES.

Layer7.Solutions EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. Layer7.Solutions DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Layer7.Solutions SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Layer7.Solutions WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

Limitation of Liability

We're not liable if anything goes wrong or if our Service breaks.

IN NO EVENT SHALL Layer7.Solutions, ITS STAFF, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, INTERNS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Layer7.Solutions SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Layer7.Solutions SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service are operated by Layer7.Solutions from its facilities in the United States of America. Layer7.Solutions makes no representations that the Layer7.Solutions Service is appropriate or available for use in other locations. Those who access or use the Layer7.Solutions Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You will not hold us legally liable for any of your content or actions that infringe the law or the rights of a third party or person in any way.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Layer7.Solutions, its staff, officers, directors, employees, agents, volunteers, interns, and third party service providers, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to Layer7.Solutions Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your usage of our Service caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Layer7.Solutions Service.

Ability to Accept Terms of Service

You must be at least 13 years old to use our Service.

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as Layer 7 Solutions and its Service are not directed at people under the age of 13.

More Legalities

Governing Law

Any disputes with us must be resolved in Austin under Texas law.

You agree that: (i) the Layer7.Solutions Service shall be deemed solely based in Texas; and (ii) the Layer7.Solutions Website shall be deemed a passive website that does not give rise to personal jurisdiction over Layer7.Solutions, either specific or general, in jurisdictions other than Texas. (iii) Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and Layer7.Solutions that arises in whole or in part from Layer7.Solutions Service shall be decided exclusively by a court of competent jurisdiction located in Austin, Texas, and you agree to waive any objection to the laying of venue there.

Severability and Enforcement

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Layer7.Solutions's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND Layer7.Solutions AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Layer7.Solutions SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Layer7.Solutions without restriction.

Modifications

We can change our Terms of Service at any time, but we'll tell you if there any changes you'd be worried about.

Layer7.Solutions reserves the right to amend these Terms of Service at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Layer7.Solutions website. Your use of any Layer7.Solutions Service following any amendment or change to these Terms of Service will signify your assent to and acceptance of its revised terms.

Entire Agreement

These terms are the final word on our policies.

These Terms of Service, together with the Privacy Notice at beta.benedict-9940.com/privacy and any other legal documents and notices found in the sidebar section "LEGAL DOCUMENTS AND NOTICES" of this page, shall constitute the entire agreement between you and Layer7.Solutions concerning Layer7.Solutions Service. It supersedes all prior or contemporaneous agreements between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Us

If you have any questions about these Terms of Service, please contact us. You can find a link to our support Discord server in the footer of this page.