DISCORDBASE TERMS AND CONDITIONS

(Last updated May 7, 2020)

  1. Introduction

    Welcome to Giga Consulting, LLC Website. This terms of service has been created to Comply with the European Union General Data Protection Regulation (Gdpr) and the California Consumer Privacy Act Ccpa, And the new law on data protection that will be enforced henceforth,

    PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, DOWNLOAD OR USE THE APPLICATION.

    These Terms of Use (“Terms“) apply to your access to, and use of, the services at DiscordBase.com (hereinafter referred to as “DiscordBase“), including www.DiscordBase.com, or other online products or services provided by Giga Consulting, LLC (collectively, the “Services“). These Terms do not alter in any way the terms or conditions of any other agreement you may have with DiscordBase for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to DiscordBase if you violate these Terms.

    1. Introduction
    2. General Terms
    3. The Services
    4. User Data
    5. Registration
    6. Updates to Terms
    7. Privacy and Data Protection
    8. Applicability
    9. Mobile Services and Applications
    10. Data License
    11. Vat
    12. Premium Features
    13. Cancellation
    14. Our Refunds Policy
    15. Legal Age
    16. Your Use of Our Material
    17. Monitoring
    18. Acceptable Use Policy
    19. Messaging and Calling Services
    20. Open Source
    21. Repeat Infringer Policy
    22. Copyright Complaints
    23. Intellectual Property
    24. Accounts Suspension
    25. Integrations
    26. Chat Options
    27. Cookies Notice
    28. DiscordBase is Not an Emergency Services
    29. Third party Links
    30. System Abuse; Bulk Messaging
    31. No Warranty
    32. Indemnification
    33. User Content Responsibilities
    34. Disclaimer
    35. Limitation of Liability
    36. User Feedback
    37. Modifications to the Services
    38. Electronic Communications
    39. Children’s Privacy Policy
    40. No Reliance
    41. Reporting Violations
    42. Binding Arbitration of All Disputes; No Class Relief.
    43. No Representative Actions
    44. Arbitration of Disputes
    45. Our GDPR Obligations
    46. Governing Law and Jurisdiction
    47. Termination
    48. Severability
    49. Copyright License
    50. Contact us

  2. General Terms

    DiscordBase Terms of Use (Terms) presented in this document are the basic rights and obligations that users and DiscordBase (Giga Consulting, LLC) have and agree on when using DiscordBase application. This Terms constitute a binding agreement between DiscordBase and you as a user. When you use the Website, you agree to the Terms and they affect your rights and obligations. If you do not accept any or one of the terms and policy herein please kindly stop using our website and services immediately.

    DiscordBase reserves the right at any time and in our sole discretion to change or modify these Terms, or any policy or guideline of the site and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the website and service. If you do not agree to the amended terms, you must stop using the Services immediately.

    By registering, creating accounts and using DiscordBase Website, you consent and accept DiscordBase Terms of Use (Terms) and Privacy Policy. If you don’t accept any article, term or condition, then you are requested to stop using our Website.

  3. The Services

    DiscordBase facilitates the connection of people through calling, and text chat system. The site provides a chat and social platform where users are allow to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other content that is available to purchase from Giga Consulting, LLC (DiscordBase). Subject to your compliance with these Terms, Giga Consulting, LLC 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.

  4. User Data

    When a User (including you) submits content or information to the Services, such as messages or files (“User Data”), the user retains ownership of any intellectual property rights in that content. When a User uploads or otherwise submits content to our Services, he gives DiscordBase a worldwide license to use, host, store, reproduce, modify, create derivative works (e.g. as translations, adaptations or other changes we make so that the content in question works better with the Services), communicate, publish, perform, display and distribute such content. The rights a User grants in this license are for the limited purpose of operating and improving the Services, and to develop new ones. (For a more thorough description of the limited purposes we use a User’s personal data, please refer to our Privacy Policy.)

  5. Registration

    To access the DiscordBase services, users will need to sign up and register for an account by providing personal information including

    • Names,
    • Contact details,
    • email address,
    • gender

    and other information we may require for accessing or using the DiscordBase service. You agree and accept that you will use our Services for yourself only and will not act as an intermediary or broker for any other person, third party, or entity. Unless expressly authorized by DiscordBase, you are not allowed to have more than one account and cannot sell, share, borrow or otherwise make available your account details to people or entities other than yourself.

    When you create an account with DiscordBase, you consent to receive updates, news or newsletter from us. You may unsubscribe from our mailing service at any time by clicking on the unsubscribe link included in the e-mails you receive from us.

    You agree to provide accurate, current, and complete information. Maintaining the security and confidentiality of your account is your responsibility, and we are not responsible for any unlawful or unauthorized access to your account or any loss or damage in connection to that. You must notify us promptly if you think your login information has been compromised or no longer confidential. You shall not impersonate any user or unlawfully access anyone’s account.

  6. Updates to Terms

    We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to our updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.

  7. Privacy and Data Protection

    Our Privacy policy explains how we treat your personal data. By using the Services, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and benefitting from DiscordBase's Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy policy to learn more about personalization.

  8. Applicability

    These terms and conditions apply to every user that place an order for a DiscordBase subscription service. Prior to the conclusion of a subscription, the text of these general terms and conditions will be made available to the user.

  9. Mobile Services and Applications

    Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the Application and application which allows you to access and use the DiscordBase Service on mobile that you own or control. You may use those copies of the Mobile App solely for your own personal, non-commercial use. We reserve all rights in the desktop and Mobile App not expressly granted to you by these Terms of Service.

  10. Data License

    You grant DiscordBase a perpetual, irrevocable, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information collected by DiscordBase or provided by you in connection with your use of the Services in order to provide, operate, develop, improve, and/or optimize any of our Services, and otherwise as permitted by our Privacy Policy.

  11. Vat

    DiscordBase may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of DiscordBase Premium Plan or at the time you use DiscordBase room service.

  12. Premium Features

    Certain features of the Service, such as upgrading to one of our premium plan, may require you to pay a fee in order to use them. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in US Dollars. The premium subscriptions is divided into 3 parts namely:

    • Free Subscriptions: Users on the free gets 1 bump point every 8 hours, they log in to bump their server.
    • Mid Subscription: Users who subscribe for the Mid Sub get 2 bump points every time they log in to bump their server
    • High Subscription: Users who subscribe for the High Sub get 4 bump points every time they log in to bump their server

    If you choose to purchase any of these packages, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee.

  13. Cancellation

    You may cancel your subscription at any time, and you will continue to have access to your DiscordBase through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members ("bump points"). To cancel your subscription, contact our support team and state your reason for cancellation, and we will do as you demanded.

  14. Our Refunds Policy

    Except as provided by law, all purchases are final and non-refundable. If you believe that DiscordBase has charged you in error, you must contact DiscordBase support channels within 7 days of such charge.

    Users are not entitled to claim any refund, except where believed and confirmed that DiscordBase has charged the user in error. DiscordBase reserves the right to refuse a refund request if it reasonably believes or suspects

    1. that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature;
    2. that you are in breach of the terms of this License;
    3. that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently; or
    4. that you purchased DiscordBase Premium Subscription through a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.

  15. Legal Age

    You must be at least 13 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

  16. Your Use of Our Material

    Your right to make use of the DiscordBase Service and Material or other content appearing on our site is subject to your compliance with these Terms. You may not modify, or use the Material or any other content related to our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by us.

    You may access and display Material and all other content displayed on our site for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by DiscordBase. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or the Services.

  17. Monitoring

    We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

  18. Acceptable Use Policy

    The following sets forth DiscordBase “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content

    1. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    2. that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
    3. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    4. that is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
    5. that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or
    6. that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

  19. Messaging, and calling Services

    As part of our Service, we provide you a platform to call and message your friends who use DiscordBase, through our Service, (you can only message or call using your data plan unless connected to Wifi).

  20. Open Source

    The Site may rely on the usage of certain open source libraries and utilities from time to time. You registering or using the Services constitutes your acknowledgement of having read and understood the terms of the open source libraries. DiscordBase disclaims all liabilities for any breach of the terms and conditions of such open source libraries

  21. Repeat Infringer Policy

    In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, DiscordBase has adopted a policy of terminating, in appropriate circumstances and in DiscordBase’ sole discretion, subscribers who are deemed to be repeat infringers. DiscordBase may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  22. Copyright Complaints

    If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

    For the requirements of a proper notification
    Name of Designated Agent:
    Address:
    Telephone Number:
    Fax Number:
    E-Mail Address:

    You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  23. Intellectual Property

    Giga Consulting, LLC and DiscordBase retains all right, title and interest in the platform, the Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”) Usage Information, and any derivative works thereof. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our website must appear on all copies you print. Other non-Giga Consulting, LLC and DiscordBase product, service, or Giga Consulting, LLC and DiscordBase designations on our website belong to those respective third parties and may be mentioned in our website for identification purposes only. You should contact the appropriate vendor (store owners) for more complete information regarding such information and their product description. Your use of and access to our website does not grant you any license or right to use any of the marks included on our website.

  24. Accounts Suspension

    DiscordBase reserves the right, without any obligation, to remove or refuse to deliver any User Content on Website, to suspend or terminate users, and to block participants of DiscordBase website without liability to us, including where such User Content, in our sole discretion, violates our Code of Conduct or any Terms or policies or Guidelines or any additional terms, or that we otherwise find objectionable.

  25. Integrations

    We may make available functionality allowing you to integrate other services (“Integration Service”) into DiscordBase. Usage of such services will be governed by the Terms applicable for the Integration Service used.

    When using the Service or third-party integrations to the Service, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by DiscordBase of the contents of such third party websites. DiscordBase excludes any responsibility for the content of linked third party websites

  26. [Chat] Option

    DiscordBase allows users to follow Public Chats conducted on the Service. Public Chats are messages sent by any user to anonymous users through search feature, or messages posted in groups or public and or private Huddles of users who have a common interest or affiliation, and are chatting amongst themselves. In such and other cases, DiscordBase does not undertake to monitor Public Chats or other Groups or Huddles, and the content posted via [CHAT] option is not the responsibility of DiscordBase.

  27. Cookies Notice

    Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.

    Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.

  28. DiscordBase is Not an Emergency Services

    DiscordBase is not a replacement for your ordinary mobile phone service, and is not used to communicate with emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls when required.

  29. Third Party links

    DiscordBase may provide third party links on the Services and may provide links to web pages and content of third parties (collectively the “Third Party links”) as a service to those interested in this information. DiscordBase does not control, endorse or adopt any Third Party links and makes no representation or warranties of any kind regarding the Third Party links, including without limitation regarding its accuracy or completeness. You acknowledge and agree that DiscordBase is not responsible or liable in any manner for any Third Party links and undertakes no responsibility to update or review any Third Party links. Users use such Third Party links at their own risk.

  30. System Abuse; Bulk Messaging

    Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes) In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by DiscordBase, or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service.

    You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Service

  31. No Warranty

    DiscordBase services & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, DiscordBase expressly disclaims all warranties, whether express, implied or statutory, regarding our website or contents including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, DiscordBase makes no warranty or representation that access to or operating our website or contents will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from DiscordBase website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

  32. Indemnification

    You agree to defend, indemnify and hold harmless DiscordBase, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

  33. User Content Responsibilities

    1. Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
    2. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
    3. The Services may contain links or connections to third party websites or services that are not owned or controlled by DiscordBase. When you access third party websites or use third party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
    4. DiscordBase has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DiscordBase will not and cannot monitor, verify, censor or edit the content of any third party site or service.
    5. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
    6. If there is a dispute solely between participants on this site, or solely between users and a third party, you agree that DiscordBase is under no obligation to become involved.

  34. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY DISCORDBase, THE SERVICES AND DISCORDBase MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DISCORDBase DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. DISCORDBase DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR DISCORDBase MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE DISCORDBase ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, DISCORDBase CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
    WITHOUT LIMITING THE FOREGOING, DISCORDBase DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.

  35. Limitation of Liability

    In No Event Shall DiscordBase, Or Our Directors, Members, Employees Or Agents Be Liable For Any Direct, Special, Indirect Or Consequential Damages, Or Any Other Damages Of Any Kind, Including But Not Limited To Loss Of Use, Loss Of Profits Or Loss Of Data, Whether In An Action In Contract, Tort (Including But Not Limited To Negligence) Or Otherwise, Arising Out Of Or In Any Way Connected With The Use Of Or Inability To Use The Services Or The DiscordBase Materials, Including Without Limitation Any Damages Caused By Or Resulting From Reliance On Any Information Obtained Through The Services, Or That Result From Mistakes, Omissions, Interruptions, Deletion Of Files Or Email, Errors, Defects, Viruses, Delays In Operation Or Transmission Or Any Failure Of Performance, Whether Or Not Resulting From Acts Of God, Communications Failure, Theft, Destruction Or Unauthorized Access To DiscordBase’ Records, Programs Or Services. In No Event Shall The Aggregate Liability Of DiscordBase, Whether In Contract, Warranty, Tort (Including Negligence, Whether Active, Passive Or Imputed), Product Liability, Strict Liability Or Other Theory, Arising Out Of Or Relating To The Use Of Or Inability To Use The Services Or To These Terms Exceed Any Compensation You Pay, If Any, To DiscordBase For Access To Or Use Of The Services. Some Jurisdictions Do Not Allow The Limitation Of Liability In Contracts With Consumers, So Some Or All Of These Limitations Of Liability May Not Apply To You.

  36. User Feedback

    DiscordBase enables you to generate ratings and reviews, photos, videos or other content about DiscordBase platform ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the platform. Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms.

    1. DiscordBase is legally obliged to remove the Feedback, e.g. due to a court ruling
    2. the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements
    3. the Feedback contains personal data, e.g. name, address, telephone number and/or e-mail-address
    4. the Feedback contains inappropriate links or scripts, e.g. with harmful content
    5. the Feedback contains inappropriate advertising for third parties

  37. Modifications to the Services

    DiscordBase reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that DiscordBase will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.

  38. Electronic Communications

    For contractual purposes, you (1) consent to receive communications from DiscordBase in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DiscordBase provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

  39. Children’s Privacy Policy

    DiscordBase respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide DiscordBase services to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian.

  40. No Reliance

    You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.

  41. Local Regulations

    We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from U.S. or the country you reside in.

  42. Reporting Violations

    While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

  43. Binding Arbitration of All Disputes; No Class Relief

    Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Giga Consulting, LLC and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

  44. No Representative Actions

    You and Giga Consulting, LLC agree that any dispute arising out of or related to these Terms or our Services is personal to you and Giga Consulting, LLC and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  45. Arbitration of Disputes

    Except for small claims disputes in which you or Giga Consulting, LLC seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Giga Consulting, LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Giga Consulting, LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Giga Consulting, LLC or relating in any way to the Services, you agree to first contact Giga Consulting, LLC and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Giga Consulting, LLC by email at [email protected] The Notice must

    1. Include your name, residence address, email address, and telephone number;
    2. Describe the nature and basis of the claim; and
    3. Set forth the specific relief sought.

    Our notice to you will be similar in form to that described above. If you and Giga Consulting, LLC cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportDiscordBase to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

    You and Giga Consulting, LLC agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

    The arbitrator, Giga Consulting, LLC, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

    Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Giga Consulting, LLC will not have the right to assert the claim.

    You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.

    If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.

  46. Our GDPR Obligations

    We Undertake To:

    • Process the personal data within the services specified in this terms only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
    • Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
    • Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
    • Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights;
    • Assist You In Ensuring Compliance With The Obligations Pursuant To Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;
    • At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data;
    • Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.

  47. Governing Law and Jurisdiction

    This Agreement shall be governed and construed in all respects by the laws of the United States Districts Courts and the South Carolina Supreme Court and the required European Union GDPR regulation and every state we aim to do business. You agree that any claim or dispute you may have against must be resolved by arbitration. You and DiscordBase both agree to submit to the non-exclusive jurisdiction of the South Carolina Supreme Court; for claims falling within the jurisdiction of a U.S. Region, you and DiscordBase both agree to submit to the jurisdiction of the South Carolina Courts of Appeal.

    Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.

  48. Termination

    DiscordBase reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

  49. Severability

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  50. Copyright License

    Copyright (c) 2020(s) of first publication Website. Subject to the express provisions of these terms and conditions:

    • We, together with our licensors, own and control all the copyright and other intellectual property rights in DiscordBase website and the material on our website; and
    • All the copyright and other intellectual property rights in DiscordBase website and the material on our website are reserved.

  51. Contact Us

    If you have any questions about these Terms & condition, please contact us

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