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© 2019 Your DFS Playbook, LLC

Lincoln, NE 68516

YOUR DFS PLAYBOOK Terms and code of conduct-DISCORD COMMUNITY

Last modified: April 9, 2019

INTRODUCTION AND ACCEPTING THE TERMS

Welcome to Your DFS Playbook! Please note that many of the items below are bound by the Discord terms of service agreement but are important to mention for our member community.

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

RIGHTS TO USE THE SERVICE

The Service provides a chat and social platform. Your DFS Playbook allows you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. Subject to your compliance with these Terms, you are granted a a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service solely for your personal, non-commercial use. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Your DFS Playbook or its licensors, except for the permissions and rights expressly granted in these Terms.

MEMBER ACCOUNTS

You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Your DFS Playbook reserves the right to reject any username or to terminate your username/prevent use of a username in our sole discretion, and without any liability to you.

You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

COMMUNICATIONS

You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages.

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

You may use the discord application to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe you are being spammed, please email us immediately at info@yourdfsplaybook.com.

INTELLECTUAL PROPERTY RIGHTS

All rights, title and interest in and to all materials that are part of the Discord Application and Your DFS Playbook (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between Your DFS Playbook and you, owned by Your DFS Playbook and/or its third party licensors.

You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials. You acknowledge that you do not acquire any ownership rights by using the member community or by accessing any Service Materials posted on the application or on Your DFS Playbook’s site, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Your DFS Playbook and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

YOUR CONTENT

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Your DFS Playbook incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and Your DFS Playbook is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the member community. Your DFS Playbook does not guarantee the accuracy, quality, or integrity of any user content posted. By using the member community, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Your DFS Playbook will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content.

Your DFS Playbook reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing info@yourdfsplaybook.com.

RULES OF CONDUCT AND USAGE

Discord provides communication channels designed to enable you to communicate with other users.

  1. Your DFS Playbook has no obligation to monitor these communication channels.

  2. Your DFS Playbook may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.

  3. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us.

  4. Your DFS Playbook will not under any circumstances be liable for any activity within Communication Channels.

  5. Your DFS Playbook is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

  6. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules). This includes but is not limited to the following:

  • Post, upload, transmit or otherwise disseminate information that is objectionable. While subjective in nature, this includes anything unlawful, pornography, links to anything objectionable, or as deemed by Your DFS Playbook. These decisions are final.

  • Promoting of an individual service or other competitor community is strictly forbidden. Any offers of service or items that may result in a financial transaction outside of Your DFS Playbook is included in this categorization.

  • Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone; depending upon the nature of the offense, this could lead to permanent banning from Your DFS Playbook at the company’s discretion.

  • Engage in conduct that is fraudulent or illegal or otherwise harmful to Your DFS Playbook or any other user;

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

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

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

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

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

  • Exploit or violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms.

THIRD-PARTY CONTENT

We use third-party services to help us provide Your DFS Playbook and our member community, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you may leave the Service.

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

 

 

USER DISPUTES

You are solely responsible for your interaction with other members and other parties that you come in contact with through Your DFS Playbook and Discord. Your DFS Playbook hereby disclaims any and all liability to you or any third party relating to your use of the Service. We reserve the right, but have no obligation, to manage disputes between you and other users.

TERMINATION

You may terminate your member community account at any time and for any reason by deleting your account through the User Settings page in the application . Your DFS Playbook may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. Your DFS Playbook is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith.

DISCLAIMER OF WARRANTY

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.

 

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, 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 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, YOUR DFS PLAYBOOK’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You specifically acknowledge that Your DFS Playbook 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 foregoing rests entirely with you.

INDEMNIFICATION

You agree to indemnify and hold Your DFS Playbook 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 the site and the member community; (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 in your account or any other information you post or share on or through the member community. As used in this section, "you" shall include anyone accessing the Service using your password

CLASS WAIVER

THIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Your DFS Playbook and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Your DFS Playbook customers, and cannot be used to decide other disputes with other customers.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court.

This Class Action Waiver section shall survive any termination of your account or the Services.

INTERNATIONAL USE; EXPORT CONTROLS

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the site and member community, including as it concerns online conduct and acceptable content.

GENERAL

Governing Law. By visiting or using the site and member community, you agree that the laws of the United States and the State of Nebraska, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company.

Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to Your DFS Playbook under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Your DFS Playbook for which remedies at law are inadequate. Your DFS Playbook shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post 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 the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

Waiver. 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.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree 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.

Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

Documentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.

Interpretation. You agree that these Terms will not be construed against YOUR DFS Playbook by virtue of having drafted them.

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.

Survival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.

Contact. If you have any questions about these Terms, please contact info@yourdfsplaybook.com.