Type of website: Discord bot, server and template advertising service

Effective date: 11th day of November, 2024

Preliminary provisions

discordextremelist.xyz (the "Site" or "We") is owned and operated by Carolina Mitchell, Advaith Jagathesan, and John Burke (collectively "Discord Extreme List"). For the avoidance of doubt, where applicable, Discord Extreme List is also to be taken to include any staff part of our organisation.

For concerns regarding the Site and our terms and policies, contact Discord Extreme List at [email protected].

By using our Site you agree that you have read and understand these Terms and Conditions and agree to abide by them at all times.

These Terms and Conditions are governed by the laws of Aotearoa New Zealand.

Intellectual property

All content published and made available on our Site is the property of Discord Exteme List. This includes, but is not limited to images, text, logos, documents, downloadable files an anything that contributes to the composition of our Site.

This does not include any content that falls under any of our open-source projects, which are subject to separate intellectual property licensing terms as indicated on their appropriate project repository.

Age restriction

The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years of age.

If a user is a minor in their jurisdiction, by using this Site they agree that, if legally required, they have received the consent of a parent or guardian to use this Site.

We do not assume any responsibility for false statements of age or consent to use the Site, whether explicit or implicit through the continued use of the Site.

Acceptable use

As a user of our Site, you agree to follow our Website Guidelines at all times, and to use the Site legally and not for any illegal purposes, and not to:

1. Harass, abuse, harm, mistreat, or violate the rights of other users of our Site; or
2. Violate the intellectual property rights of the Site or any third party to the Site; or
3. Access the account of another user of the Site without their permission; or
4. Act in any way that could be considered bad faith, dishonest or fraudulent; or
5. Post, upload or otherwise submit any material that may be deemed inappropriate, offensive, or objectionable; or
6. 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; or
7. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); or
8. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein; or
9. Trick, defraud, or mislead us and other users; or
10. Delete thee copyright or other proprietary rights notice from any content; or
11. Attempt to impersonate another user or person or use the username of another user; or
12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; or
13. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
14. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; or
15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; or
16. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; or
17. Make improper use of our support services or submit false reports of abuse or misconduct.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We may also take any of the aforementioned action if you breach any rules prescribed on services associated with the Site such as our Discord server, or take such action at will.

User contributions

Users may post the following information on our Site:

• Profile information, such as bio, links to other social media profiles or online websites, and other profile information; and
• A user's bot, server, or template (the "item") information, such as descriptions of the item, links related to the item, and other information relating to the item and its advertisement; and
• Any other contribution not listed that a user may post on the Site.

By posting on our Site, you agree not to act illegally or violate these Terms and Conditions. Furthermore, you agree that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Services; and
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Services; and
4. Your Contributions are not false, inaccurate, or misleading; and
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; and
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); and
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; and
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another; and
9. Your Contributions do not violate the privacy or publicity rights of any third party; and
10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner; and
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; and
12. Your Contributions do not include any offensive comments that are connected to sex characteristics, gender identity, gender expression, marital status, religious or ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, or sexual orientation; and
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Services, or any applicable law or regulation; and
14. Your Contributions do not breach any Website Guidelines or rules we may externally prescribe elsewhere on the Site or on our Discord server from time to time.

Contribution licence

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing.

The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have no obligation to monitor your Contributions.

We have the right, in our sole and absolute discretion,

1. to edit, redact, or otherwise change any Contributions; and
2. to re-categorize any Contributions to place them in more appropriate locations on the Site; and
3. to pre-screen or delete any Contributions at any time and for any reason, without notice.

Accounts

When you create an account on our Site through your Discord account, you agree to the following:

1. That you are solely responsible for your account on our Site and the security and privacy of your account, including the security of your Discord account, and sensitive information attached to your account on the Site (such as bot tokens); and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes (where applicable).

Links to other websites

Our Site contains links to third party websites or services that we do not own or control. It is your responsibility to read the terms and conditions and privacy policies of the respective third party websites or services before using those sites.

We are not responsible for the content, policies, or practices of any of those third party website or services that may be linked on our Site.

Indemnity and Limitation of Liability

Except where prohibited by law, by using this site you indemnify and hold harmless Discord Extreme List and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Discord Extreme List and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Discord Extreme List are unable to resolve any dispute through informal discussion, then you and Discord Extreme List agree to submit the issue first before a non-binding mediator an to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Discord Extreme List. The costs of any mediation or arbitration will be shared equally between you and Discord Extreme List.

Notwithstanding any other provision in these Terms and Conditions, you and Discord Extreme List agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

As these Terms and Conditions are governed by the laws of Aotearoa New Zealand, any claim or dispute resolution is to be held in Wellington, Aotearoa New Zealand.

Modifications and Severability

These Terms and Conditions may be amended from time to time to maintain compliance with the law an reflect any changes to the operation of our Site and the way we expect users to behave on our Site. When we amend these Terms and Conditions, we will update the "Effective Date" at the top of the Terms and Conditions.

It is the responsibility of the user to periodically review the Terms and Conditions to ensure they are up-to-date with the latest Terms and Conditions. Users are bound by any amendments to the Terms and Conditions if they fail to discontinue use.

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void an removed from these Terms and Conditions. All other provisions will not be affected by the removal of the offending provision and the rest of these Terms and Conditions will remain valid.