rework of terms of service

src/data/bot/terms-of-service.md

@@ -1,61 +1,270 @@
+
 # UncivGames Democracy Bot Terms of Service
 
+Our Terms of Service are effective as of [INSERT_DATE_HERE].
+
+Please read these Terms of Service carefully before accessing or using our Service.
+
+## Interpretation and Definitions
+
+### Interpretation
+
+The words of which the first letters are capitalized have meanings defined under the Definitions
+clause that follow.<br>
+These defined words shall have the same meaning regardless of whether they appear in singular
+or in plural, singular or plural is used for readability and grammatical reasons.<br>
+For readability and grammatical reasons defined words may have alternative wordings which are
+specified in parantheses next to defined word under the Definitions clause and these have equal
+meaning as the original defined word for the purposes of interpretation.<br>
+If a defined word is used at the beginning of a sentence where the first letter should be
+capitalized for grammatical reasons then such defined word shall still be interpreted as defined word.
+
+Clauses have first letters capitalized (except for conjunctions used in a clause) and are used in
+same way as defined words under condition that such mentions of clauses are suffixed by " clause"
+to make it clear that a clause is being referenced.<br>
+
 ## Definitions
 
-1. **You** refers to the individual or entity using UncivGames Democracy Bot.
-2. **We / Us** refers to the individual(s) or entity/entities owning and operating UncivGames
-   Democracy Bot.
+- "Server" means `UncivServer.xyz` multiplayer game server.
+
+- "Bot" means `UncivGames Democracy Bot`, discord app accessible on `https://discord.com`
+
+- "Service" means Bot and Server, both of which are free to use and open source projects
+
+- "We" ("Us", "Our") means Service and their owner or operators.
+
+- "You" ("Your") means you, that is yourself, the other party who is accessing or using our Service,
+  or any other Person who on Your behalf is accessing or using our Service.
+
+- "Terms of Service" ("Terms") means these Terms of Service.
+
+- "Agreement" means that You and Us agree on these Terms of Service.
+
+- "Person" means natural or legal person.
+
+- "Feedback" means feedback, ideas, innovations, suggestions or corrections sent by You regarding
+  the attributes, performance, features or content of the Service.
+
+## Introduction
+
+This are the Terms of Service governing the use of our Service which set out the rights and
+obligations regarding the use of the Service.
+
+## Acceptance of Terms
+
+Your access to and use of the Service is conditioned on Your acceptance of and compliance with
+these Terms of Service.<br>
+By accessing or using the Service You are entering into Agreement with Us.<br>
+If You disagree with, or don't understand any part of these Terms of Service then You must not
+access or use the Service.
+
+If You are entering into this Agreement on behalf of other Person, then You represent and
+warrant that You have the authority to bind such Person to this Agreement.
+
+## Integration of Additional Terms
+
+These Terms include and link to the following additional terms, which supplement and form part of
+the Terms:
+
+- Our [Privacy Policy](/src/data/bot/privacy-policy.md), which explains the Personal Data We collect,
+  how We processes it, and for what purposes.
+
+- [Discord's Terms of Service](https://discord.com/terms/), by using our Bot, you agree to comply
+  with Discord's Terms of Service.
+
+These Terms together with the above mentioned and linked documents, constitute the complete and
+final expression of Agreement and replaces any prior or contemporaneous Agreements.
+
+## Age Restriction
+
+By accessing or using the Service You represent and warrant that You are at least 13 years of age.</br>
+If You are under 13 years old, You may not access or use the Service under any circumstances
+or for any reason, and may not provide any Personal Information to or on the Service.
+
+If You are located within the European Union, by accessing or using the Service You represent and
+warrant that You are at least 16 years of age.</br>
+If You are under 16 years old, You may not access or use the Service under any circumstances or for
+any reason, and may not provide any Personal Information to or on the Service.
+
+## Jurisdiction Restrictions
+
+If You reside in a jurisdiction where it is forbidden by law to access or use the Service,
+being the subject of the Agreement, then You may not enter into this Agreement.
+
+By entering into this Agreement, You explicitly state that You have verified in Your own
+jurisdiction if the use of the Service is allowed.
+
+## No Grant of Intellectual Property Rights
+
+Nothing in these Terms shall be construed to convey to You any interest, title, or license
+in email address, domain name or intellectual property of the Service or similar resource used by
+You in connection with the Service.
+
+## User Responsibility
+
+You are solely responsible for your actions while using the Service.</br>
+Any misuse, including, but not limited to spamming, harassment, unauthorized access attempts,
+or unlawful activities, is your responsibility.
+
+## Your Feedback to Us
+
+You assign all rights, title and interest in any Feedback You provide Us.
+
+If for any reason such assignment is ineffective, You grant Us a non-exclusive,
+irrevocable, royalty-free, worldwide right and license to use, modify, reproduce,
+distribute, publicly perform, publicly display, sub-license, derive works based upon the Feedback,
+disclose and exploit such Feedback without restriction.
+
+## Content Licensing
+
+By sharing content through the Service, you grant Us, and the public, a non-exclusive,
+irrevocable, royalty-free, worldwide right and transferable license, to use, modify,
+and distribute that content, unless such usage contradicts these Terms of Service.</br>
+You represent and warrant that you have all necessary rights to share the content.
+
+## Modifications and Interruptions
+
+We may modify, update, interrupt or suspend our Service at any time without notice for variety of
+reasons, including, but not limited to, the following:
+
+- Changes to Our Terms of Service, including this Modifications and Interruptions clause and
+  including any other documents from Integration of Additional Terms clause.
+- Updates to our Service features or functionality.
+- Technical issues or upgrades
+- Changes in laws or regulations
+- Service decisions or changes in strategy
+- Security concerns or vulnerabilities
+- Other legitimate Service purposes
+
+## Electronic Communications
+
+You agree that any communications will be provided in electronic format, to the extent allowed by law,
+and that paper communications will not be sent.
+
+No responsibility will be accepted by Us for:
+
+- Failed, partial or garbled computer transmissions.
+- Any Device, cable, network, electronic or internet hardware or software malfunctions.
+- Failures, connections, availability, the acts or omissions of any service provider.
+- Internet accessibility or availability.
+- Traffic congestion or unauthorized human act, including any errors or mistakes.
+
+All Communications that We provide in electronic form will be provided on [Discord channel](https://discord.gg/bjrB4Xw).
+
+Sometimes the law, or Agreement with You, requires You to give Us a written notice.<br>
+You agree to provide these notices to Us in electronic form, unless We specifically tell You in
+another communication how You may deliver that notice to Us in written form.
+
+## Disclaimer of Warranty
+
+To the maximum extent permitted under applicable law, We make no representation of any kind,
+and make no undertaking of any kind, and disclaim all warranties or guarantees of any kind,
+whether express, implied or otherwise as to the reliability, completness, usefulness, currency,
+fitness for a particular purpose, title, non-infringement, and arbitraryness of any feature or
+information on the Service, including, but not limited to, attributes, performance, functionality or
+security.
+
+Without limitation to the foregoing, the Service is provided to You "as is" and "as available" and
+with all faults and defects without warranty of any kind</br>
+Your access to and use of the Service is at Your own risk.
+
+Without limitation to the foregoing, We make no representation of any kind,
+and make no undertaking of any kind, and disclaim all warranties or guarantees of any kind,
+whether express, implied, or otherwise that the Service will meet Your requirements,
+achieve any intended results, be compatible or work with any software, hardware, applications,
+systems or services, operate without interruption, be available, meet any performance or reliability
+standards, or be error free or that any errors or defects can or will be corrected.
+
+Some jurisdictions do not allow the exclusion of certain types of warranties, guarantees or
+limitations on applicable statutory rights, so some or all of the above exclusions
+and limitations may not apply to You.
+
+But in such a case the exclusions and limitations set forth in this clause shall be applied to the
+greatest extent enforceable under applicable law.
+
+## Limitation of Liability
+
+To the maximum extent permitted by applicable law, in no event will We be liable to You for
+any claims, damages, losses or other liability caused, alleged to be caused,
+or otherwise whether special, incidental, consequential, punitive, direct or indirect as to the:
+
+- Your access or use of the Service
+- Any interruption or suspension of our Service
+- Any claims related to intellectual property rights
+- Any failure to perform by us
+- Loss of profits
+- Loss of data or other information
+- Loss of use
+- Loss of privacy arising out of or in any way related to the use of or inability to use the Service
+- Third-party software or third-party hardware used with the Service
+- Technical difficulties with third-party services
+- Internet connectivity issues
+- Any other matter related to our Service
+
+arising from, out of, or in connection with Your access or use of our Service or other dealings in the same,
+or in connection with any provision of these Terms of Service, even if the We have been advised of the
+possibility of such claims, damages, losses or other liability caused, alleged to be caused,
+or otherwise and even if the remedy fails of its essential purpose.
+
+The foregoing limitation of liability will apply notwithstanding any fault, tort (including negligence),
+strict liability, breach of Terms or Agreement, breach of warranties or guarantees, and otherwise.
+
+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 limitations may not apply.<br>
+In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
+
+## Indemnification
+
+You ("Indemnifying Party") agree to defend, indemnify and hold Us harmless,
+of the foregoing ("Indemnified Parties") from and against any and all third party
+claims, demands and expenses, including attorneys' fees, relating to or arising from:
+
+- Your access or use of the Service.
+- Our communications.
+- Any violation by You of these Terms of Service.
+- Your violation of any rights of other Person.
+
+## Severability
 
-## Agreement
+If any provision of these Terms is held to be unenforceable or invalid, such provision will be
+changed and interpreted to accomplish the objectives of such provision to the greatest extent
+possible under applicable law and the remaining provisions will continue in full force and effect.
 
-By using **UncivGames Democracy Bot**, you agree to these [Terms of Service](/bot/terms-of-service)
-and our [Privacy Policy](/bot/privacy-policy). Your continued use of the bot constitutes acceptance
-of any updates to these terms.
+Except as provided herein, the failure to exercise a right or to require performance of an
+obligation under these Terms shall not effect a party's ability to exercise such right or require
+such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any
+subsequent breach.
 
-## Change of Policies
+## Amendments
 
-This document may be updated or modified at any time at our discretion. Users will be notified of
-significant changes through appropriate communication channels.
+We may update or otherwise modify these Terms from time to time, the updates will be posted on [Discord channel](https://discord.gg/bjrB4Xw).<br>
+You may be asked to review and re-accept the information in these Terms if it changes in the future.<br>
+Your continued use of the Service after an update will constitute acceptance of the Terms.
 
-## Terms
+## Disputes Resolution
 
-1. **Compliance with Laws**:  
-   Your use of this bot and its services must not violate any laws applicable to you or any service
-   or hosting providers associated with **UncivGames Democracy Bot**. You are solely responsible for
-   ensuring compliance with all relevant laws during your use of the bot.
+If You have any concern or dispute about the Service, You agree to first try to resolve the dispute
+informally by contacting Us.
 
-2. **No Warranty**:  
-   You agree that anything related to the bot or its services is provided "as-is" and comes without
-   any warranty, express or implied. We do not guarantee uninterrupted functionality, error-free
-   operation, or fitness for a particular purpose.
+## Termination
 
-3. **Limitation of Liability**:  
-   We are not responsible for any direct, indirect, incidental, consequential, or special damages
-   caused by the bot or its services. This includes, but is not limited to, data loss, financial
-   loss, or damages caused by errors, bugs, or unavailability of the service.
+Either party may terminate this Agreement if the other party breaches these Terms of Service.<br>
+Upon such termination, Your right to use the Service will cease immediately.
 
-4. **Content Licensing**:  
-   By sharing content through the bot, you grant us and the public a royalty-free, non-exclusive,
-   and transferable license to use, modify, and distribute that content, unless such usage
-   contradicts these Terms of Service. You affirm that you have all necessary rights to share the
-   content.
+If You wish to terminate the Agreement arbitrarily, You may simply discontinue using the Service.<br>
+By Your arbitrary termination You immediately lose Your right to use the Service including all
+other rights granted by these Terms of Service to the fullest extent permitted by applicable law.
 
-5. **Acceptance of Discord's Terms of Service**:  
-   By using this bot or its services, you agree to comply with Discord's Terms of Service. Continued
-   use of the bot signifies acknowledgment and acceptance of Discord's terms.
+To the fullest extent permitted by applicable law, We reserve the right, without notice and in Our
+sole discretion, to terminate Agreement with You, to stop serving the Service, and to block or
+prevent Your future access to and use of the Service for any reason, including, but not limited to,
+the following:
 
-6. **User Responsibility**:  
-   You are solely responsible for your actions while using the bot and its services. Any misuse,
-   including spamming, harassment, unauthorized access attempts, or unlawful activities, is your
-   responsibility. You agree to indemnify and hold us harmless for any claims, damages, or
-   liabilities resulting from your actions.
+- If We are unable to continue to serve the Service due to technical or financial reasons.
+- Any misuse of the Service from Your side, including, but not limited to, attempts to compromise its
+  functionality or use it for unlawful purposes.
 
-7. **Service Availability**:  
-   We strive to provide uninterrupted service but do not guarantee uptime or availability. The bot
-   or any services it provides may be temporarily or permanently unavailable due to maintenance,
-   technical issues, or other unforeseen circumstances.
+## Contact Details
 
-8. **Abuse and Violations**:  
-   Any misuse of the bot, including attempts to compromise its functionality or use it for unlawful
-   purposes, will result in immediate termination of access. You are fully accountable for any
-   consequences arising from such misuse.
+If You have any questions about these Terms of Service, please visit [Discord channel](https://discord.gg/bjrB4Xw)
+to contact Us.