Termos de Serviço & Privacidade
Para que eu possa funcionar bem, eu preciso de algumas informações de você e de outros usuários no Discord, para isto, eu tenho termos de serviço, para que você possa ver o que eu peço de você e, é claro, tudo que eu posso fazer!
Resumidamente: Você assume responsabilidade por qualquer imagem/vídeo/áudio/mídia enviada para mim, tentar abusar de bugs/usar bots/trapaças são proibídos e você poderá perder o acesso a todas as minhas funcionalidades (e de outros serviços), nós iremos coletar informações como seu ID, username, email, IP, avatar, servidores, mensagens, mídia e outras coisas (mas nós não iremos distrubir tais informações para terceiros), você não irá difamar/prejudicar a imagem da Loritta, PerfectDreams, MrPowerGamerBR ou de qualquer outro serviço do PerfectDreams, você poderá ser suspenso de usar a Loritta ou qualquer outro serviço por quaisquer motivo, que você não poderá recuperar dados caso sejam perdidos, e que você está de acordo tudo que está nos termos de uso.
Terms of Service & Privacy
Last modified: April 17, 2018.
Introduction and Accepting the Terms
These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at loritta.website/privacy (“Privacy Policy”), are a legal agreement between PerfectDreams and its related companies (“Loritta”, “MrPowerGamerBR” or "us") and you ("you"). By using Loritta (the “Bot”) or the website located at https://loritta.website (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.
The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective seven (7) days following posting on the Service, and your continued use of the Service after the effective date will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
PerfectDreams has developed multiple applications (such as: PerfectDreams Network, Loritta, and others) for use with other aplications (such as: Minecraft, Discord online and mobile chat platform ("Discord")). This document applies to Loritta (“LorittaBot”, “bot”, “our bot”).
By using our bots, you agree to be bound by this Agreement. You are expected to have read and understood this Agreement. PerfectDreams is not responsible for any damage done to servers by our bot so long as no developers are at fault.
Rights to use the service
The Service provides a extension to the social online and mobile chat platform Discord via the Discord App and related Internet services. The Service may allow you to utilize messaging features to communicate with other users of the Service. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.
You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.
Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms.
If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service and reserves the right to also terminate or suspend other accounts in other services. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
Fees
We will not charge you a fee to use the basic functionality of the Service. However, you may have to pay a fee to use certain features of the Service or to obtain Virtual Currency or Virtual Goods (as defined and discussed further below).
The price for utilizing these features or obtaining such Virtual Currency or Virtual Goods will be displayed on the App or within the Bot. We may also require you to pay any amounts due via a third party payment service. Payments of such fees will be governed by your app store’s or such third party’s terms applicable to in-app purchases. You agree to comply with all such terms and other requirements of your app store or such third party.
You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Your Content
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available.
By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service.
The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content.
The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason.
Virtual Currency and Virtual Goods
The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
On the occasion of a chargeback, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service and reserves the right to also terminate or suspend other accounts in other services.
Data Controller
All data can only be accessed by Leonardo (MrPowerGamerBR#4185 — https://mrpowergamerbr.com), which agreed to not share/sell/distribute any of the stored data with third parties.
Types of data collected
1.1a User Data. User Data includes but is not limited to User IDs, User IPs, User emails, profile pictures, user names, and user tags (“discriminator”). PerfectDreams uses Customer Data is a means to customize the Licensee's experience and help the Licensee in any way possible. Usage may include but is not limited to debugging information for commands such as "suggest" or "support" information to identify a user, use within message embeds, logging about the user and command usage.
1.1b Guild Data. Guild Data includes but is not limited to Guild IDs, Guild icons, Guild names, Member count, Roles, Channels, and Roles possessed by a Member. Guild Data is a means to customize the Licensee's experience even further and help the Licensee in any way that the User Data is not helpful for. Usage may include but is not limited to debugging information for commands such as "suggest" or "support" information to identify a guild, use within message embeds, and logging about command usage. Furthermore, the developers use may use Guild Data in any way they need so long as they do not use it for any malicious purposes. Developers reserve the right to generate an invite to a guild in order to provide support or determine if the guild has been abusing any of our bots.
1.2 Usage and Storage of User Data and Guild Data. PerfectDreams reserves the right to use and store Customer Data and Guild Data in any way necessary for the functionality of our bots. PerfectDreams will not use Customer Data or Guild Data for any malicious purposes, but will only use them when they are required for specific commands or features of our bots. Customer Data and Guild will only be stored in specific situations in which they are needed for a feature to persist. This includes but is not limited to user currency, event logging, blacklisting, and access to specific perks.
Bot Usage
2.1 Bot & Guilds. PerfectDreams reserve the right to remove Loritta from any guild at any time. We may remove Loritta from a server for any reason, such as: (a) Guild is abusing of the bot, causing issues with it. (b) Guild is slandering Loritta's, PerfectDreams's, MrPowerGamerBR's or any of the project contributors' reputation. (c) We do not want our services to be associated with the server.
2.2 Official Server Bans. If you are banned from any PerfectDreams, Loritta and/or MrPowerGamerBR related guild for any reason, we may apply a ban and be blacklisted on any of our other servers and services.
2.3 Spam and Bot Abuse. If you spam commands or abuse any of our services in any way, you will be blacklisted and banned from any of our services. We will also add you to both Discord banlists and warn other bot developers about you and, if it was a serious violation (such as: raiding, harrasment and other violations), you may be banned from every server Loritta is in.
Disclaimer of Warranty
THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100.. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, 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.
Acknowledgement
Usage of any of our services affirms that the Licensee has read this Agreement, understands it, and agrees to be bound by its contents.