Terms of Service

Overview

The Silent Selene site exists to let people share their experiences in Touhou games. These Terms of Service ("Terms") define our commitments to you, and your rights and responsibilities when using our services. If you don't agree to these Terms, don't use our services.

Terms of Service

Last Updated November 5, 2022

These Terms govern your access to silentselene.net and any other sites we may operate in the future (hereafter referred to as "Services"). By accessing or using any part of our Services, you agree to be bound by all of the Terms and other procedures that we may publish via the Services from time to time (the "Agreement").

Terminology

"You" means any individual or entity using our Services. "We", or "Silent Selene", refers specifically at this time to "nrook", the owner of the site, reachable at webmaster@silentselene.net or on Discord as "nrook#1848". "Our Services" refers to silentselene.net, the website, and any other websites or tools we use.

Creating an Account

By creating an account, you agree that we may send you transactional e-mail based on activity on the site, or announcing new features or changes to our Terms of Service or Privacy Policy. You're solely responsible and liable for all activity under your account. We may suspend or delete your account for any or no reason.

If you're like to learn how we handle the data provided as part of your account, please see our Privacy Policy.

Age Requirements

You are not allowed to access or use our services if you're under the age of 13 (or 16 in Europe).

Responsibility of Visitors and Users

We haven't and can't review all of the content (such as replays or comments) posted or made available through our Services ("Content").

We specifically are not responsible for ensuring that any replays obtained from this site are safe to view.

General Representation and Warranty

Our goal is to provide a venue by which the Touhou community can share and enjoy replays. You represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of Silent Selene, any contributors to the site, or any third party;
• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• Will not disclose the personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code.

Your Content

License. Our Services exist to share Content provided by our users. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content on our Services.

Removing Content. If you delete Content, we'll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors), but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Our Modification of Content. At our sole discretion, we may modify Content provided by you, in order to make it more accurate or for any other reason. (For example, if a replay has the wrong final score, we may correct this score.) If you object to such changes, you may delete your Content.

Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and deleting all Content you have uploaded on our website.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately. We have the right to delete any Content available on our Services.

Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation from you.

Disclaimers

Our Services are provided "as is." Silent Selene hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Silent Selene, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New York, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

Limitation of Liability

In no event will Silent Selene, or its suppliers, partners, or licensors, be liable with respect to our Services under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50. Silent Selene shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Silent Selene isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our legal representatives and vicarious agents.

Indemnification

You agree to indemnify and hold harmless Silent Selene, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or Content that you post.

Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Silent Selene and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Silent Selene may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Privacy Policy

For more details on how we handle your personal data, see our Privacy Policy.

License and Attribution

These terms of use are licensed under CC BY-SA 4.0, so if you like them, you can use them on your own site. They were based on the WordPress Terms of Service.