Terms of Service
Last updated: June 1, 2022
When we use the term "Services" in this document, we mean all products and services created, maintained, and operated by the Company, including, but not limited to Company website located at https://goodknightbot.com, The Good Knight bot, applications, code, data, images, information, links, sounds, text, documentation, videos, and other content or materials made available by Rarefied Studios, LLC. When we use the terms "you" and "your" in this document, we mean you as a User of the Services.
These Terms govern the use of the Services, and any other related Agreement or legal relationship with the Owners in a legally binding way.
THESE TERMS OF SERVICE FORM A LEGALLY BINDING AGREEMENT, SO PLEASE READ THEM CAREFULLY.
If you breach or violate these Terms of Service, we may terminate your access to the Services.
If you use the Services, you accept and agree to these Terms of Service mentioned on this page and any terms that may be added in the future. If you use the Services on behalf of a business or other legal entity, you must have the authority to bind that entity to these Terms of Service, in which case the terms "you" or "your" are referring to that entity. If you do not have the authority necessary to bind such an entity to these Terms of Service, you shall not use the Services on behalf of such entity. It is possible for us to change these Terms of Service at any time or add new ones, so we kindly ask you to check this page from time to time to be aware of any new terms that have been added or modified. If you do not accept or agree with any of these Terms of Service, you shall not use the Services.
In order to use the Services, you must be of legal age in your jurisdiction or you must have permission from your parent or legal guardian if you are younger than the legal age. You must only use the Services in compliance with these Terms of Service and all applicable federal, state, and local laws and regulations. If you use the Services, you represent and warrant to us that these things are true.
The Owner holds and reserves all intellectual property rights for all Services unless stated otherwise. All intellectual property rights, including but not limited to design rights, trademark rights, copyright, naming convention, look and feel of the Services are the exclusive property of the Company. You shall not acquire any ownership interest in or to the Services by accessing, downloading, or using the Services.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for the non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
We hereby grant you a revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable personal worldwide license to use the Good Knight bot and/or any other technical means embedded in the Service for the sole purpose of enabling you to enjoy the benefit of the Services, subject to these Terms of Service. Unless you have our written permission, you shall not (i) modify, reverse engineer, deobfuscate the Services, or (ii) assign, copy, distribute, lease, redistribute, reproduce, rent, resell, sell, sublicense, transfer, or otherwise exploit or make the Services available to any third party. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement, and you shall have no further right to access and use the Services.
User Feedback is important to us. We welcome and often incorporate Feedback and feature requests to improve our Service. If you provide any suggestions, comments, ideas, recommendations, or feature requests ("Feedback") to the Company, you hereby assign all rights, title, and interest in and to such Feedback to the Company without charge. You acknowledge and agree that we shall be free to implement, commercialize, exploit, share, and use any Feedback you provide to us in any way. We shall not be liable to anyone for any disclosure, exploitation, implementation, or use of any Feedback. You shall not give us any Feedback that is subject to any license.
By creating and distributing any Materials with the Services, you grant the Company an assignable, non-exclusive, perpetual, royalty-free, transferable, unrestricted, and worldwide license and right to adapt, communicate, copy, display, distribute, host, modify (in whole or in part), perform, process, publish, reproduce, store, sublicense, translate, transmit, use, and create derivative works of such Materials using any means, mediums, or methods now known or later developed for the sole purpose of operating and providing the Services. In addition, by making any Materials available to users of the Services, you grant those users a non-exclusive license to access and use those Materials in connection with the Services.
Users acknowledge and accept that by providing their own content on this Website and through the Good Knight bot they grant the Owner a non-exclusive, fully paid-up, and royalty-free license to process such content for the operation, maintenance, and improvement of the Service.
This Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to the Service, terminating user access to the Service, reporting any misconduct performed through this Website or the Service to the competent authorities, such as judicial or administrative authorities, whenever Users engage or are suspected to engage in any of the following activities:
- Violation of any applicable law, ordinance or legal rights of others in any way.
- Copyright infringement.
- Misappropriation of any account in use by another User.
- Damage, disrupt, or otherwise negative impact on the operation of the Services.
- Use of Service or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: to distribute malware or spyware).
- Exploitation, harm, or theft.
- Creation and distribution of materials that contain violence, discrimination, hate, pornography or threats of any kind.
- Security compromises of any kind.
- Adoption of any automated process to extract, harvest, or scrape information, data, and/or content from this Website and all the digital properties thereto related unless where explicitly allowed to do so by the Owner.
- Dissemination of content that is unlawful, illegitimate, hateful, violent, or inappropriate.
- Dissemination of any content that is false or may create unjustified alarm; disruption, interruption, or any other violations of the integrity of this Website or another User's experience including, but not limited to spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.
- You are responsible for all activity that occurs under your account.
- You are responsible for maintaining the security of your account and password. For this reason, you are responsible for selecting passwords that meet the highest security standards. You are also advised to change your password regularly to minimize risks.
- We advise that you immediately inform us via the contact details indicated in this document, if you think your personal information has been compromised.
- The Company shall not be liable for any damage or loss from your failure to comply with this provision.
- Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to the Service are held by the Owner and/or its licensors.
- Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.
- This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
- All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Our basic security Services will always be free, however in the future we may implement certain features for a premium fee. We reserve the right to make any features premium, in which case you will be notified accordingly via the Good Knight Support Server announcements at least 30 days prior to the effective date.
- We provide the Services on an "as is", "as available", and "with all faults" basis and without any promises, or warranties whatsoever. While we develop Services in good faith, we urge you to use the Services at your own risk. We reserve the right at any time to change and discontinue (temporarily or permanently) any part of the Services at any time with or without notice to you. Additionally, we reserve the right to add, change, or remove features and functionality from the Services with or without notice to you.
- We fully disclaim any and all warranties of any kind, including, but not limited to, warranties of accuracy, performance, availability, fitness for a particular purpose, functionality, merchantability, non-infringement, quality, reliability, title, usefulness, and any other warranty that might arise under any law.
- Without limiting the foregoing, we make no promises that the Services will be: (i) available or permitted in your jurisdiction; (ii) compliant with all applicable laws in your jurisdiction; (iii) error-free, harm-free, and uninterrupted; and (iv) meet your business or professional needs.
- We do not assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service.
- No information shared or advice given, whether oral or written, obtained by user from owner or anyone else on the Good Knight Team or through the Service will create any warranty not expressly stated herein.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:
- any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.
- any damage, loss, or injury resulting from phishing, social engineering, hacking, raiding, scamming, tampering, or other unauthorized access or use of the Service or User account or the information contained therein.
- any errors, mistakes, or inaccuracies of content.
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service.
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein.
- any interruption or cessation of transmission to or from the Service.
- any bugs, viruses, or the like that may be transmitted to or through the Service.
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
- User’s use of and access to the Service, including any data or content transmitted or received by User.
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms.
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights.
- User’s violation of any statutory law, rule, or regulation.
- Any content that is submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.
- We use third party vendors to provide the necessary technology required to host and run the Services. Our use of any third party vendor does not indicate that we endorse that third party vendor. We shall not be liable or responsible for the actions or inactions of any third party vendor.
- The Services may link to third party content and third party websites, some of which may use Materials under license from the Company. We do not endorse or support these third party websites.
- You acknowledge that these Terms of Service are between the Company and you only.
- These Terms of Service begin on the date of electronic acceptance or on the date you first access or use the Services, whichever comes first.
- If you breach these Terms of Service, we may terminate your access to the Services immediately, with or without advance notice. If we disable, suspend, or terminate your access to the Services, or if we deactivate or delete your account, you shall not attempt to access the Services or create a new account without our express written consent and permission to do so.
- In the event of any expiration or termination of these Terms of Service, the following sections shall survive: Section 4 (Licenses Granted by US), Section 5 (Licenses Granted by Users), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Privacy), Section 14 (Third Parties), Section 21 (Dispute Resolution), Section 22 (Rights and Remedies), and Section 23 (Miscellaneous Provisions).
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. infrastructural breakdowns, blackouts, etc.)
You shall not assign or transfer these Terms of Service, but these Terms of Service may be assigned or transferred by the Company. We may also permit third parties to exercise our rights or perform our obligations under these Terms of Service. These Terms of Service do not create any third party beneficiary rights.
We may change these Terms of Service in the future. Whenever we make a significant change to these Terms of Service, we will post a notice on our Discord Server, however we encourage you to monitor the Terms of Service to stay up to date on the latest changes. When you use the Services, you are agreeing to the latest Terms of Service currently in effect.
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The Owner will process the complaint without undue delay and within 30 days of receiving it.
- Electronic Form: You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
- Headings: Headings are for convenience only and shall not be used to construe the meaning of any provision in these Terms of Service.
- Notices: We will provide notices to you via the Good Knightz Update Channel in Good Knightz Server. You shall provide notices to the Company by email to [email protected]. Emailed notices shall be deemed given and received one business day after the email is sent. You hereby agree and consent to receive all communications from the Company electronically, including agreements, disclosures, notices, or other information. We may provide any such communications by email or by posting them on the Website or the Services.
- Notices: We will provide notices to you via the Good Knightz Discord Server. You shall provide notices to the Company by email to [email protected]. Emailed notices shall be deemed given and received one business day after the email is sent. You hereby agree and consent to receive all communications from the Company electronically, including agreements, disclosures, notices, or other information. We may provide any such communications by email or by posting them on the Website or the Services.
- Documentation: Upon our request, you shall furnish to us any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Service.
- Force Majeure: We shall not be liable or responsible to you for failure to perform any of our obligations under these Terms of Service if such failure is as a result of: (i) an act of God, earthquake, fire, flood, hurricane, storm, or other natural disaster, or any failure or interruption of electricity, internet, or telephone service; (ii) an act of confiscation, embargo, foreign enemies, government sanction, hostilities (regardless of whether war is declared), insurrection, invasion, nationalization, protest, rebellion, revolution, riot, terrorist activities, or war; or (iii) a labor dispute, lockout, or strike.
- Governing Law: The laws of the United States of America and the State of Texas shall govern these Terms of Service and any claim or dispute of any sort that might arise between us and you, without regard to any choice of law, conflicts of law, or similar principles and without regard to your location.
- Jurisdiction and Venue: All litigation or other legal proceedings resulting from these Terms of Service or the Services shall be brought and settled in a federal or state court in the State of Texas, and you hereby irrevocably agree and consent to the jurisdiction of and venue in those courts and waive any objection as to inconvenient forum and personal jurisdiction.
- Severability: If any provision of these Terms of Service is found or held to be illegal, invalid, unenforceable, or void, the arbitrator or court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms of Service shall remain in full force and effect.
- Waivers: No failure or delay by the Company in exercising any right shall waive any further exercise of that right. In addition, no waiver of any breach or default of these Terms of Service shall waive any preceding or subsequent breach or default.
- If you have any questions about these Terms of Service, you may contact the Company via email to [email protected].
These Terms of Service constitute the entire agreement and understanding between the Company and the User concerning the use of the Services and any other subject matter hereof. These Terms of Service supersede all prior agreements, communications, proposals, representations, and understandings with respect to the Services and all other subject matter hereof, whether oral or written. You may also be subject to additional terms and conditions that may apply when you use the services of a third party.