Terms

By using the InCharacter website incharacter.me, its subdomains, the InCharacter Discord Bot, and any connected official InCharacter service of this domain (collectively “InCharacter”) you, including anyone accessing InCharacter using your account, agree to the terms of using InCharacter (“Terms”) herein.

Eligibility. By using InCharacter, you certify that you are at least 13 years or older, and have complete ability and permission to fully acknowledge and consent to these Terms.

Limited License. InCharacter owns and reserve all rights, title, and interest in InCharacter and the associated intellectual property in InCharacter including audio-visual elements and other copyrightable materials (such as the “look and feel” of InCharacter); trademarks, logos, trade names, service marks, and trade identities of InCharacter; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms, InCharacter grants you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use InCharacter for your personal, non-commercial use. InCharacter may immediately suspend or terminate the availability of some or all of InCharacter for any reason, at InCharacter’s sole discretion, without advance notice or liability.

User Generated Content. InCharacter provides you the opportunity to upload, transmit, or otherwise make available on InCharacter content you have created (“User Generated Content”). Subject to your local law, you grant InCharacter unrestricted, worldwide, irrevocable, perpetual, and cost-free right to use, copy, modify, distribute, disclose, sell, sublicense, display, publicly perform, publish, broadcast, translate, make derivative works of, promote, and otherwise exploit your User Generated Content, as it appears on InCharacter without any compensation, notice, or attribution to you, and to allow other third parties to do the same. To the maximum extent permitted by your local law, you waive any moral rights you have in User Generated Content. These terms granting InCharacter rights to User Generated Content are solely for the purposes of displaying your content on InCharacter and showing content in advertisement and promotion of InCharacter. InCharacter is not requesting or taking ownership of your User Generated Content, and you shall retain all original rights to your own User Generated Content original works.

You are solely liable for your User Generated Content and submit it at your own risk. When you submit User Generated Content, you agree that: (a) you are the sole author and owner of the rights to the User Generated Content and are able to grant such rights without creating any obligation or liability to InCharacter or any third party; (b) the User Generated Content does not infringe any intellectual property right or other right (including rights of privacy or publicity) of any third party; (c) the User Generated Content will not cause injury or harm to InCharacter or any third party; and (d) the User Generated Content does not violate these Terms.

InCharacter may, but does not have an obligation to, delete, remove, edit, or refuse to post User Generated Content in our sole discretion. We do not accept any liability for removing, or not removing, any User Generated Content.

Prohibited Content. You can not use InCharacter to display, store, or otherwise make available through its services and features any content that is or that we find to be racist, sexist, or otherwise discriminatory, or containing content not-safe-for-work (NSFW) such as nudity, pornography, or gore. Content that infringes upon another’s legal rights (Copyright, Trademark) or any content we determine to be prohibited or unwanted on InCharacter may be removed at our discretion at any time without notice. This includes but is not limited to using InCharacter to:

  • encourage hateful or illegal conduct, including crimes against humanity, acts of terrorism, exploitation of children, acts of violence against women or any other person or group, attacks against another’s human dignity, or hatred of others based on their race, religion, national origin, gender, sex, sexual preferences, or disabilities.
  • distribute any content that is obscene, pornographic, defamatory, hateful, or illegal, or that violates the intellectual property rights or other rights of any person or entity.
  • reveal another person’s name, address, phone number, email address, date of birth, social security number, credit card number, medical information, financial information, likeness, or any other information that can be used to identify another person.
  • impersonate another person or entity, misrepresent your identity or affiliation with another person or entity, or otherwise make statements that are false, fraudulent, or deceptive.

You acknowledge that InCharacter shall not be liable for user content, including without limitation your content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the aforementioned rests entirely with you.

Prohibited Conduct. You can not use InCharacter to stalk, harass, slander, defame, reveal personal information or “dox”, circumvent filters, or otherwise abuse any individual or community, including InCharacter. Additionally, you will not make any attempt to harm, disrupt, exploit, deny service, or otherwise interfere with InCharacter, InCharacter users, and individuals or communities while using InCharacter. Any actions purposefully taken by you that interfere with the performance of InCharacter are considered irreparable harm on InCharacter and may be prosecuted to the fullest extent the law permits. Please note that we have the right, but not the obligation, to monitor InCharacter, and we accept no liability for content or behaviour you encounter on the InCharacter.

Digital Millennium Copyright Act (DMCA) Policy. InCharacter respects the intellectual property rights of others and ask that you do too. InCharacter will respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to admin (at) InCharacter (dot) me. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Miscellaneous. You agree to be bound by the jurisdiction of the State of New Mexico, USA, regarding all claims, litigation, or legal actions that you bring arising from use of InCharacter, without regard to conflict of laws and regardless of your location.

THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INCHARACTER, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold InCharacter harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to InCharacter; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of your content or information you use with InCharacter or any other information you post or share on or through InCharacter.

Injunction and Equitable Relief. You acknowledge that the rights granted and obligations made to InCharacter under these Terms are unique and of irreplaceable nature, the loss of which may result in immediate and irreparable harm to InCharacter for which remedies at law are inadequate. InCharacter shall be entitled to seek injunctive or other equitable relief, without the obligation for any bond or surety, in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

Entire Agreement. These Terms constitute the entire agreement between you and InCharacter with respect to your use of InCharacter and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on and by InCharacter.

Updates to Terms. InCharacter reserves the right to modify these Terms at any time, including by posting updated terms on the Services subject to applicable law. By continuing to use InCharacter after any such update you consent to the changes to the Terms. You may also be asked to affirmatively consent to updates to these Terms, and may be prevented from continuing to use InCharacter if you decline to accept such an update.

Waiver and Severability. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any provision of these Terms found by a court of competent jurisdiction to be invalid shall be agreed by both parties that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You further agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.

Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.