TheCloudKingdom Terms of use

Last modified: April 21st, 2020.

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW.
PLEASE READ CAREFULLY.

INTRODUCTION AND ACCEPTING THE TERMS

Welcome to TheCloudKingdom! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://thecloudkingdom.net/rules (“Privacy Policy”), are a legal agreement between TheCloudKingdom and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your”). By using or accessing TheCloudKingdom Discord Inc Application Server (the “App”) or the website located at https://discordapp.com (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.

TheCloudKingdom reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Discord. If the changes affect your usage of Discord or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.

RIGHTS TO USE THE SERVICE

The Service provides a chat and social program. The Service may allow you to participate in public and private chat rooms and 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, unless we agree to your commercial use in writing. 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;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. 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.

TheCloudKingdom 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 and used on our Services. You agree that TheCloudKingdom need not provide you notice before or after terminating or suspending your Account(s), but it may do so, questions about termination of access use limits can be sent to "Support@GamercraftStudios.net".

YOUR ACCOUNT

You are responsible for your log-in credentials and any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on TheCloudKingdom. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent the use of a username in our sole discretion, a username may be changed to "Change name or use an alt", and without any liability to you. You understand and agree that other users of the Service may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account.

COMMUNICATIONS

You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, marketing messages are currently not available from TheCloudKingdom and never will be sent privately or directly to a user, and also make it easy for you to opt-out — we don’t want to send you messages you don’t want. To opt-out due to not agreeing with terms of usage please leave TheCloudKingdom Discord Inc Services Server.

By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service and that all agreements, notices, disclosures, and other communications that Discord and/or TheCloudKingdom may provide to you electronically satisfy any legal requirements that such communications be in writing.

You may use TheCloudKingdom Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam, DM Advertising, etc). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at "Support@GamercraftStudios.net".

INTELLECTUAL PROPERTY RIGHTS

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 Discord Company and you, owned by Discord Inc and/or its third-party licensors(i.e. AWS Servers, GCloud Services). 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 the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

YOUR CONTENT

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to TheCloudKingdom 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 TheCloudKingdom 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 TheCloudKingdom 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. TheCloudKingdom 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 TheCloudKingdom 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. TheCloudKingdom reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify TheCloudKingdom of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing abuse@gamercraftstudios.net.

RULES OF CONDUCT AND USAGE

TheCloudKingdom provides communication channels such as #🏠home🏠, #👋introductions👋, and other chat areas ("Communication Channels") designed to enable you to communicate with other users of TheCloudKingdom. TheCloudKingdom will monitor these communication channels. TheCloudKingdom may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason that may violate TheCloudKingdoms, GamercraftStudios, or Discord Inc policies. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. TheCloudKingdom will not under any circumstances be liable for any activity within Communication Channels. TheCloudKingdom is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use outlined in these Terms and our Rules as well as any additional restrictions or rules (such as channel-specific rules) outlined in the Service.
As an example, you agree not to use the Service to:

• post, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;

• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;

• engage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;

• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;

• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

• attempt to obtain passwords or other private information from other members;

• improperly use support channels or complaint buttons to make false reports to us;

• develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements; or

• exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Rules or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.

FEEDBACK

We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, concerning the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against TheCloudKingdom and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.

All rights in this section are granted without the need for additional compensation of any sort to you.

THIRD-PARTY CONTENT

We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.

USER DISPUTES

You are solely responsible for your interaction with other users of TheCloudKingdom and other parties that you come in contact with through the Service. TheCloudKingdom hereby disclaims any liability to you or any third party relating to your use of the Service. TheCloudKingdom reserves the right, but has no obligation, to manage disputes between you and other users of the Service. If you are being harassed by a user you always have the block function. As well, please report it to an active staff member.

COPYRIGHT

Copyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at "copyright@gamercraftstudios.net" (Subject line: “DMCA Takedown Request”)., the notification must contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.

Counter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

PUNISHMENTS

You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application or leaving TheCloudKingdom. TheCloudKingdom may terminate your Account and/or your access to TheCloudKingdom (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning before any such termination. You may, as the result of the termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.

TheCloudKingdom Rules

We at TheCloudKingdom are all about being kind, freedom of speech, and building connections. That is and will always be TheCloudKingdoms driving motivation to keep running. The relationships, memories, and laughs we experience from connecting are what drives us to create this Discord Inc server thousands of people use.

To further this philosophy, we've developed the community rules below.

The following is awesome:

• Playing games with your friends.

• Hanging out in communities of peoples.

• Making connections and having fun.

The following is not tolerated. We will remove content and issue a warning. Subsequent misconduct and cases of extreme severity will result in your account being banned:

• Organizing and participating in raids or any other form of harassment. Do not engage in or post content encouraging the harassment of individuals or our community. If someone is harassing you, be proactive and block them immediately, and then report it to TheCloudKingdom staff as soon as possible.

• Circumventing tools that enable users to protect themselves and/or repeatedly targeting a user with unwanted friend requests or messages. Do not create spam accounts for the sake of annoying users with requests or other tactics. Do not disguise yourself in attempt to contact someone who has blocked you. Show respect to other people's desire for space.

• Sharing illustrated or digitally altered pornography which depicts minors (such as lolicon, shotacon, or cub).

• Sharing content that violates another person's contractual, personal, intellectual property or other rights. Do not share or post links that violate the Digital Millennium Copyright Act (DMCA). We respond to DMCA requests as described in our Terms of Service.

• Sharing content glorifying or promoting, in general, self-harm or suicide. This includes any content that encourages others to; cut or injure themselves; embrace anorexia, bulimia, or other eating disorders; or commit suicide rather than, for example, seeking counseling or treatment. Our community has the power to lift people up from dark places, - from expierence I Skyy know this, - be the kind of person who lifts up others. If you notice that someone is in need of urgent help, please contact the staff with any information you may have.

• Posting NSFW outside of NSFW marked channels. Some content just isn't appropriate for kids under 18, so let's do the right thing in our community and post in the correct sections. This will add an age-gate to the channel, protecting those who wish not to see.

• Sharing images of gore and/or animal cruelty. Do not share or post graphic images for sadistic pleasure, glorification, or celebration of violence.

Violating these rules will not only result in a punishment issued on TheCloudKingdom, but may result in an account termination from Discord Inc. Services.

The following is completely unacceptable and will result in immediate content removal and account deletion:

• haring content that is directly threatening someone's physical or financial state. Do not threaten to harm another person or someone related to another person in any capacity. Do not tell other people you will hurt or kill them. Do not dox people. Do not share or threaten to share personal information of another user - this includes but is not limited to home address, phone number, email, social security number, and photos. Respect other people's desire for privacy.

• Doing anything illegal on Discord Inc. Services are directly a violation of Discords Terms of Service. We will take immediate action if you: violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of pirated software, or cheats or hacks for our or another company or person's Service.

• Sharing or linking to content with the intent to shame or degrade another individual. Do not share sexually explicit content of other people without their consent. Do not share or promote the sharing of revenge pornography.

• Distributing viruses. Do not engage in or promote phishing activities. Do not threaten another user with digital harm including but not limited to viruses, hacking, and spying.

• Attempting to steal another user’s account or information.

If you have an issue on TheCloudKingdom or any have questions don't hesitate to contact: Support@TheCloudKingdom.net