These Terms of Service (hereinafter referred to as "these Terms") set forth the terms and conditions for the use of the Discord server list service "Discope" (hereinafter referred to as "the Service") provided by Wideplink (hereinafter referred to as "our Group") between the users of this Service (hereinafter referred to as "Users") and our Group.
Users must carefully read and agree to these Terms, as well as the Privacy Policy, Service Guidelines (Community Guidelines), and Paid Service Terms (if applicable), which are provided separately. When you start using the Service through authentication using your Discord account (OAuth2) or by browsing the Site, Users are deemed to have agreed to all of these Terms.
Article 1 (Definitions)
In these Terms, the terms used shall be defined as follows:
- "The Service" means the Discord server list site "Discope" operated by our Group and all services related thereto.
- "The Site" means the website operated by our Group to provide the Service.
- "User" means an individual or entity that agrees to these Terms and uses the Service.
- "Account" means the user identification information on the Service, created and managed through Discord's OAuth2 authentication system, for the User to use the Service.
- "Listed Information" means information regarding Discord servers that Users list, transmit, or display using the Service (including, but not limited to, server names, descriptions, invitation URLs, tags, images, etc.), reviews, comments, and any other information.
- "User Content" means all content, including Listed Information, that Users create, post, or display through the Service.
- "Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc., for such rights).
- "Discord" means the communication platform "Discord" provided by Discord Inc.
- "Discord Terms of Service" means Discord's terms of service (https://discord.com/terms), Community Guidelines (https://discord.com/guidelines), and other terms and conditions related to the use of Discord as stipulated by Discord Inc.
- "The Service BOT" means the Discord BOT developed and operated by our Group to provide and maintain the functions of the Service.
Article 2 (Agreement to these Terms)
- Users must use the Service in accordance with the provisions of these Terms. Users may not use the Service unless they agree to these Terms (including related terms).
- If a User is a minor, they must obtain the consent of a legal representative, such as a person with parental authority, before using the Service. If a minor who started using the Service without the consent of a legal representative reaches the age of majority, they are deemed to have ratified their use of the Service during their minority.
- Our Group may modify these Terms as necessary. The modified Terms of Service shall be notified to Users by posting on the Site or by any other method deemed appropriate by our Group. If a User continues to use the Service after such notification, they are deemed to have agreed to the modified Terms. If a User does not agree to the changes, they must stop using the Service.
Article 3 (Account)
- To use certain features of the Service, account registration using Discord's OAuth2 authentication system is required.
- Users shall create an account for the Service using their Discord account information, and Users shall be responsible for managing their Discord account. Our Group shall not be liable for any damage incurred by Users due to unauthorized use of their Discord account.
- Users must strictly manage their account information at their own risk to prevent unauthorized use.
- Users may not allow a third party to use their account, nor may they lend, transfer, change the name of, sell, or otherwise dispose of their account.
- Our Group will deem any use of the Service made under a specific account as use by the User who owns that account.
Article 4 (Use of the Service)
- Users shall use the Service at their own risk.
- The Service provides a platform for Users to discover Discord servers, view information about them, and join said servers using Discord's features.
- In using the Service, Users are obligated to comply with the Discord Terms of Service. Actions on the Service that violate the Discord Terms of Service are prohibited.
Article 5 (Joining Discord Servers)
- Based on the information listed on the Service, Users may join publicly available Discord servers using Discord's OAuth2 authentication, etc., at their own discretion and risk.
- Whether or not a User joins a specific Discord server is entirely up to the User's free choice. Our Group does not recommend or compel joining any specific server.
- After a User joins a Discord server through the Service, all activities within said server (communication, posting/viewing content, etc.) are conducted within the scope of the Discord service provided by Discord Inc. and shall comply with the Discord Terms of Service and any rules independently established by said server.
Article 6 (Listing Server Information)
- Users may list information for Discord servers for which they have administrative privileges or proper authorization to list.
- Users warrant that Listed Information is accurate and up-to-date, and does not infringe upon the rights of third parties. Users shall endeavor to promptly update Listed Information if the server's status changes.
- Users may not list server information that falls under, or is likely to fall under, any of the following:
- Servere som bryter med Discords brukervilkår eller disse reglene (inkludert tjenesteretningslinjer).
- Servers containing content that violates laws or public order and morals.
- Servers containing content that infringes upon the rights of third parties (intellectual property rights, privacy rights, honor, etc.).
- Servers containing content that promotes discrimination, slander, threats, harassment, or hate speech.
- Servers containing obscene content, child pornography, or content equivalent to child abuse.
- Servers containing excessively violent or cruel content.
- Servers containing content that induces or promotes suicide, self-harm, or the inappropriate use of drugs.
- Servers containing false, misleading, or fraudulent information.
- Servers containing links to harmful programs such as malware or spyware, or servers that distribute them.
- Servers whose primary purpose is the collection of personal information.
- Any other servers deemed inappropriate by our Group in light of the purpose of the Service.
- If our Group determines that Listed Information falls under, or is likely to fall under, any of the preceding items, or is otherwise deemed inappropriate by our Group, our Group may take measures such as deleting, modifying, temporarily suspending, or permanently refusing the listing of said Listed Information (hereinafter referred to as "Listing Suspension, etc.") without prior notice to the User.
- With respect to servers that have been subjected to Listing Suspension, etc., based on the preceding paragraph, our Group may retain the identification information of said server (server ID, etc.) for the necessary period, even if a deletion request is made by the User, for the purpose of preventing fraudulent re-listing, for operational necessities of the Service, or based on legal obligations.
Article 7 (User Content)
- Users shall bear all responsibility for User Content that they post or transmit.
- Intellectual Property Rights related to User Content belong to the User who created said User Content or to the rightful owner.
- However, by posting or transmitting User Content using the Service, Users grant our Group a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform said User Content to the extent necessary for providing, maintaining, improving, promoting the Service, and developing new services. This license shall remain in effect as long as our Group continues to provide the Service, etc., even after the User terminates their use of the Service.
- Users agree not to exercise moral rights of authors against our Group or those to whom our Group has succeeded or licensed rights.
- If our Group determines that User Content violates these Terms, the Privacy Policy, Service Guidelines, or applicable laws, or is otherwise deemed inappropriate by our Group, our Group may take measures such as deleting, modifying, or restricting the display of said User Content without prior notice to the User.
Article 8 (Responsibility for Discord Server Management Authority)
If a User grants a third party management authority or similar authority, including the ability to change settings, manage members, or manage content for a Discord server they own or manage, the User shall be jointly and severally liable with said third party to our Group and any other third parties, including other Users, for all actions taken by said third party based on said authority (including violations of these Terms, the Discord Terms of Service, or any other applicable terms).
Article 9 (Prohibited Conduct)
In using the Service, Users may not engage in any of the following acts or acts that our Group deems to fall under any of the following. If such conduct is confirmed, our Group may take measures such as suspending or deleting the account pursuant to Article 21.
- Acts that violate laws or public order and morals.
- Acts related to criminal activity or acts that promote it.
- Acts that violate these Terms, the Privacy Policy, Service Guidelines, or Paid Services Terms (if applicable).
- Handlinger som bryter med Discords brukervilkår
- Acts that infringe upon the rights of our Group, other Users, or third parties, such as intellectual property rights, portrait rights, privacy, honor, or credit.
- Acts that place an excessive load on the Service's network or systems, or acts that use them for unauthorized purposes.
- Unauthorized access to our Group's network or systems, or attempts at unauthorized access.
- Using the Service for fraudulent purposes.
- Acts that may interfere with the operation of the Service (including unauthorized use of BOTs, intentional exploitation of defects, etc.).
- Reverse engineering, decompiling, disassembling, or similar acts on our Group's network or systems.
- Unauthorized access to our Group's network or systems, or attempts at unauthorized access.
- Impersonating a third party or intentionally disseminating false information.
- Unauthorized use of other Users' account information or attempts to collect it.
- Using the Service for fraudulent purposes.
- Spamming, fraudulently manipulating server list rankings, etc., or attempts thereof.
- Acts that cause disadvantage, damage, or discomfort to other Users of the Service or third parties.
- Providing benefits to antisocial forces or acts related thereto.
- Religious or political activities (except as permitted by our Group).
- Acts that directly or indirectly cause, facilitate, or promote any of the preceding acts.
- Any other acts deemed inappropriate by our Group.
Article 10 (Regarding The Service BOT)
- Our Group uses The Service BOT to provide and improve the functions of the Service. The Service BOT, when introduced by a User to their own server, may perform automatic updates of server information, collection of statistical information, etc.
- The introduction and use of The Service BOT are optional, but the introduction of the BOT may be necessary to use some features.
- When introducing The Service BOT to their server, Users shall confirm the permissions required by the BOT (such as reading messages, obtaining member information, etc.) and introduce it upon agreement. For details on the permissions required by the BOT and the information it collects, please refer to the separate Privacy Policy or BOT-related explanation page.
- Users may not use The Service BOT for fraudulent purposes or interfere with its operation.
Article 11 (Intellectual Property Rights)
- All Intellectual Property Rights related to the Site and the Service belong to our Group or to those who have licensed them to our Group. The license to use the Service under these Terms does not imply a license to use the Intellectual Property Rights of our Group or those who have licensed them to our Group regarding the Site or the Service. This includes Intellectual Property Rights such as copyrights related to original characters created by our Group in connection with the Service (hereinafter referred to as "Original Characters"), all of which belong exclusively to our Group.
- Users may not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, use for business, etc., any content included in the Service (excluding User Content, but including Original Characters) without the prior consent of our Group. However, this does not apply to fan activities conducted within the scope of the "Derivative Works Guidelines" separately established by our Group. When engaging in derivative work activities, please be sure to check and comply with said guidelines.
Article 12 (Paid Services)
If paid services are offered on the Service, "Paid Services Terms" will be separately established. When using paid services, Users must agree to the Paid Services Terms in addition to these Terms.
Article 13 (Privacy)
Our Group will handle Users' privacy information and personal information appropriately in accordance with the separately established "Privacy Policy." Our Group strives to comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Users must confirm the Privacy Policy and agree to its contents before using the Service.
Article 14 (Service Guidelines)
Our Group may separately establish "Service Guidelines" (which may also be called Community Guidelines, etc.) detailing specific rules, recommendations, etc., regarding the use of the Service. Users shall comply with the Service Guidelines along with these Terms.
Article 15 (Third-Party Services)
The Service may include links to services or content provided by third parties other than our Group, including Discord. Our Group is not responsible for these third-party services or content. Users shall use these services or content at their own risk.
Article 16 (Disclaimer)
- Our Group makes no warranty, express or implied, regarding the completeness, accuracy, timeliness, safety, usefulness, fitness for a particular purpose, non-infringement of third-party rights, etc., of the Service (including the Site, Listed Information, and The Service BOT).
- Our Group does not warrant that the information listed on the Service and the actual status of the Discord server joined by the User (rules, management policy, atmosphere, member composition, activities, etc.) will necessarily match, as Listed Information is edited and updated arbitrarily by server operators. Users shall join servers at their own discretion, and our Group shall not be liable for any disadvantage or damage incurred by Users due to discrepancies between Listed Information and the actual status of the server (including, but not limited to, differences from expected content, existence of unexpected rules, etc.).
- While the Service provides opportunities for Users to discover and join Discord servers, all activities within Discord servers joined by Users through the Service (including, but not limited to, communication between Users, posts, disputes, measures taken by server operators, issues related to content within the server, etc.) are conducted on the Discord platform, which is beyond our Group's control. Therefore, our Group has no obligation to monitor or intervene in, and shall not be liable for, any trouble, damage, disadvantage, etc., that occurs within Discord servers joined by Users. Users shall direct inquiries regarding issues within a server to the operator of said server or to Discord Inc.
- Our Group does not warrant that the Service will be uninterrupted, error-free, or that e-mails, content, The Service BOT, etc., transmitted in connection with the Service will not contain computer viruses or other harmful elements.
- Users shall use the Service at their own risk, and our Group shall not be liable for any damage incurred by Users arising from the use of the Service (including, but not limited to, trouble between Users, trouble within listed servers, damage to computers, loss of data, damage associated with the introduction/use of The Service BOT, etc.). However, this shall not apply in cases of damage due to our Group's willful misconduct or gross negligence.
- The Service may become partially or wholly unavailable due to changes in Discord's specifications, API availability, functional limitations of The Service BOT, or other external factors. Our Group shall not be liable for any damage incurred by Users as a result thereof.
Article 17 (Limitation of Liability)
Even if our Group is liable for any reason, our Group shall not be liable for incidental, indirect, special, future damages, or lost profits among the damages incurred by Users. Furthermore, the cumulative amount of damages for which our Group is liable shall be limited to the total amount of money (if any) received by our Group from the User in connection with the event that directly caused the damage. However, this shall not apply if said damage is due to our Group's willful misconduct or gross negligence.
Article 18 (Indemnification)
Users agree to indemnify and hold harmless our Group from any and all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from their violation of these Terms (including related terms), their infringement of third-party rights, or their use of the Service (including posting User Content, listing server information, and using The Service BOT).
Article 19 (Modification of these Terms)
As stipulated in Article 2, Paragraph 3.
Article 20 (Modification, Suspension, or Termination of Service Provision)
- Our Group may, at its own convenience, change the content of the Service or terminate its provision. If our Group terminates the provision of the Service, our Group will, in principle, notify Users in advance.
- Our Group may temporarily suspend all or part of the provision of the Service without prior notice to Users if any of the following events occur:
- When unavoidable due to maintenance or construction of Service equipment or The Service BOT.
- When unavoidable due to a failure of Service equipment or The Service BOT.
- When the provision of the Service becomes difficult due to restrictions on Discord's API use, specification changes, failures, etc.
- When telecommunication services provided by telecommunications carriers become unavailable.
- When natural disasters, fires, power outages, incidents, or other emergencies occur or are likely to occur, making the provision of the Service difficult or impossible.
- When the provision of the Service becomes difficult or impossible due to measures based on laws, etc.
- Any other cases deemed unavoidable by our Group.
- Our Group shall not be liable for any damage incurred by Users due to measures taken by our Group pursuant to this Article.
Article 21 (Suspension or Deletion of User Account)
- If our Group determines that a User falls under, or is likely to fall under, any of the following, our Group may, without prior notice or demand, delete User Content or Listed Information, temporarily suspend all or part of the User's use of the Service, delete the User's account, or terminate the service use agreement (hereinafter referred to as "Account Suspension, etc."):
- Violation of any provision of these Terms (including related terms).
- Discovery of false information in registered information or Listed Information.
- Suspension or inability to make payments, or filing for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings (in the case of using paid services).
- If the User's Discord account is suspended or deleted.
- No use of the Service (login, etc.) for half an year or longer.
- No response to inquiries or other requests for a response from our Group for half an year or longer.
- Hvis handlinger som er fastsatt i Artikkel 9 (Forbudte handlinger) blir utført
- If our Group determines that the same User has created multiple accounts and is using them for inappropriate purposes.
- If it is found that the User has previously been subjected to Account Suspension, etc., by our Group.
- Any other cases where our Group deems the User's continued use of the Service inappropriate.
- If any of the events in the preceding paragraph apply, the User shall automatically forfeit the benefit of time for all debts owed to our Group and must immediately pay all debts to our Group (in the case of using paid services).
- Our Group shall not be liable for any damage incurred by Users due to measures taken by our Group pursuant to this Article. Furthermore, our Group is not obligated to disclose the reasons for Account Suspension, etc.
- With respect to Users who have been subjected to Account Suspension, etc., based on Paragraph 1, our Group may retain the identification information of said User (Discord User ID, etc.) for the necessary period, even if a deletion request is made by the User, for the purpose of preventing fraudulent re-registration or unauthorized use of the Service, for operational necessities of the Service, or based on legal obligations.
Article 22 (Governing Law and Jurisdiction)
- These Terms and the service use agreement shall be governed by and construed in accordance with the laws of Japan.
- It is acknowledged by the parties that laws of jurisdictions outside of Japan, including the laws of the State of California, may apply in connection with these Terms, given the international nature of the Service and the fact that Discord Inc. is based in California. However, the application of Japanese law as stipulated in the preceding paragraph shall be the principle.
- Any and all disputes arising out of or in connection with these Terms or the service use agreement shall be subject to the exclusive jurisdiction of the [Tokyo District Court] (or [the district court having jurisdiction over the location of our Group's principal office]) as the court of first instance.
Article 23 (Severability)
If any provision of these Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these Terms and the remainder of the provision held to be partially invalid or unenforceable shall continue in full force and effect.
Article 24 (Entire Agreement)
These Terms, together with the separately established Privacy Policy, Service Guidelines (Community Guidelines), and Paid Services Terms (if applicable), constitute the entire agreement between our Group and the User regarding matters contained in these Terms, and supersede all prior agreements, representations, and understandings, whether oral or written, between our Group and the User regarding matters contained in these Terms.
Article 25 (Language)
These Terms are prepared in Japanese as the original text. Even if translated versions of these Terms are prepared in other languages for reference purposes, only the Japanese original shall have effect as a contract, and translated versions shall have no effect whatsoever. In the event of any inconsistency or conflict between the Japanese original and a translated version, the content of the Japanese original shall prevail.