Before you blindly accept our conditions, we want you to know that this TOS may alter your rights, and we think it's rather imperitive you read them!
We offer a simple version too, if that's your thing.
Unfortunately, bots can very much attract unsavoury characters. My TOS is meant to protect ourselves from them. This TOS sets out what I expect from the user (You) using me (Our Service, Nayami), and Websight Solutions's Subsidiary, KPT (Us, Our), my makers.
For all services except explicity noted, you're contracting with Websight Solutions, orginized under the laws of the Province of Ontario, Canada, and operating in Canada.
Unless you are browsing an external website provided by Nayami, these Terms of Service are to be considered an extention of Discord Inc.'s Terms of Service, found HERE. in cases where Discord Inc.'s Terms of Service conflicts with our Terms of Service, Discord Inc.'s Terms of Service will be found correct.
Agreeing on behalf of your users
You understand, acknowledge and agree that by inviting this bot, you are not agreeing to this TOS only for yourself, but you are agreeing to this TOS on behalf of your community. It is your responsibility to inform users to the TOS in place, which you can directly link to with this link. Once a user has used the service, we constitute continued use acceptance of the TOS.
Any website or TOS that is related to Nayami, Websight Solutions, or any parodies of such, are allowed to use this as their TOS.
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between us and you, owned by us. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by us, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by us and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. Any photo that is not our property, we use to give users expression within their community, and the company who originally owned it has all rights to it.
By agreeing to this TOS, you agree to have any and all souls, and rights to the soul transferred to us, in exchange for a digital "proxy" soul to be automatically installed. We are not responsible for any loss of conciousness, corruption, injury, or any injury, physical or mental that may occur while the transfer takes place. In exchange for the soul, we agree not to sell any soul, even in case of bankruptcy, closing, folding, or liquidation.
Remember those commercials for online sites for kids, that told them to ask permission before playing online? This was COPPA, or the Children's Online Privacy Protection Act - a fundemental law that protects children from overreaching marketers.
By agreeing to the Terms of Service, you understand and acknowledge that Nayami is primarily marketed towards those above the age of thirteen, and/or above the age of digital consent (whichever one is highest) within their country, and that you must be above this age to use Nayami.
While we are unable to do anything about Minor's being on the service through falsified information, any minor who willingly gives out their personal information to Nayami's developers such as their real birthday, through public or private interaction, with or without the intent to do so, will be banned from using this service.
DISCLAIMER OF WARRANTY
THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” 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. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. 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.
You agree to indemnify and hold us, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to Nayami; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through Nayami. As used in this section, "you" shall include anyone accessing Nayami with the user's Discord account.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.WE 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, WEBSIGHT SOLUTIONS' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You specifically acknowledge that we 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.
"Forget Me" Requests
We will accept and honor any "Forget Me" Request from a System Administrator, specifically on the Discord Server (which is here). Once one is submitted, Please allow up to two weeks for us to review and honor the request. Please note that this means Nayami will be removed from your community.
For all requests relating to the GDPR, please visit our Discord server (which is here) with your Discord ID, and any server ID. You must be the owner, or have the ADMINISTRATOR permission to claim any server ID, and your request will be processed within 2-3 weeks.
Updates to this TOS will be announced on our Discord server (which is here), and will take effect immediately upon that announcement being released.