JALI Inc. Discord and 3D Facial Animation Community Terms of Use

Last updated: Jan. 29, 2025

The following Terms of Use are entered into by and between You (“You” or “Your”) and JALI Inc. (“JALI”, “we”, “us”, and “our”).

These Terms and Conditions, together with any channel specific terms of use, (collectively, these “Terms of Use”) govern your access to and use of the JALI Inc. Discord and 3D Facial Animation Community, at: https://discord.gg/p7TQcUc2, including any content, functionality and services offered on the community (the “Community”), as a registered user of Discord.

BEFORE YOU START USING THE COMMUNITY, YOU MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. BY USING THE COMMUNITY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH GOVERN OUR RELATIONSHIP WITH YOU IN RELATION TO THE COMMUNITY. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE COMMUNITY.

These Terms of Use apply in conjunction with any additional Community policies, rules, or guidelines as implemented by JALI from time to time at its sole desecration.

1. Your Eligibility to Access and Use the Community

By accessing and using the Community, You confirm that You are at least 18 years old and of the age of majority in your jurisdiction; and that You are an individual capable of forming a legally binding contract at law. Minors are not allowed to use the Services. Your use of the Community reflects Your personal views, opinions, and contributions, and does not represent the views or affiliations of any professional or institutional organizations You may be associated with. You take full personal responsibility for Your actions, including any consequences arising from Your use of the Community.

2. Compliance with the Discord Policies

As this Community is hosted on Discord, all users must comply with Discord’s Terms of Use, Privacy Policy, Community Guidelines, and any other applicable policies (“Discord Policies”), as available on Discord and updated from time to time at Discord’s sole discretion. You are solely responsible for staying updated with the Discord Policies. Use of the Community is also conditional upon adherence to the Discord Policies.

3. Your Privacy

We do not collect, use, share, or otherwise process information about You. While we do not collect personal information, usernames are visible within the Community. By using the Community, You acknowledge and accept this limited use of identifiable information. If changes to this policy occur, they will be communicated in accordance with applicable laws.

4. Third Party Privacy

Without limiting anything in these Terms of Use, You must comply with all applicable privacy laws and must not collect, use, retain, or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.

5. Ownership of Your Content and the Right to Use

As between You and us, You will retain ownership of all the materials You provide to the Community or post, upload, input or submit to any channel, including messages, comments, ratings, reviews, and other original content You provide while using the Community (collectively, “Your Content”), and all intellectual property rights in Your Content.

You are granting JALI permission to use Your Content in connection with the operation of the Community including, without limitation, the non-revocable right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Your Content; and to publish Your Discord username in connection with Your Content.

No compensation will be paid with respect to the use of Your Content, as provided herein. JALI is under no obligation to post or use any of Your Content, or part thereof, and may remove any of Your Content at any time at JALI’s sole discretion.

By posting, uploading, inputting, providing, or submitting Your Content You represent and warrant that:

(a) You own or otherwise control all the rights to Your Content as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit Your Content;

(b) Your Content meets Discord Policies and any Community policies, rules, or guidelines;

(d) Your Content will not infringe, violate or misappropriate the intellectual property or proprietary rights of any person or entity.

6. JALI Intellectual Property

Apart from Your Content and Other Content, all content included as part of the Community, such as all content, resources, text, images, videos, templates, graphics, logos, and other content provided by us, as well as the compilation thereof, (collectively, the “Community Content”) and all intellectual property rights in the Community Content is the property of JALI and is protected by law. We do not grant You any licenses, express or implied, to the Community Content except as expressly authorized by these Terms of Use. You agree that You do not acquire any ownership rights in any protected content.

All trade names, company names, trademarks, service marks and other product or service names and logos appearing or displayed in the Community are the proprietary marks of JALI or its licensors, and are protected by law and may not be copied, imitated or used, in whole or in part, without the consent of their respective owners.

7. Other Users’ Content

The Community might also provide You with access to other users’ content (“Other Content”). You may not use the Other Content without that person’s consent, or as allowed by law. JALI does not endorse or verify the accuracy or reliability of the Other Content. You agree that JALI will not be liable for any harm caused by the Other Content. You may report Other Content that You think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove Other Content at our discretion.

8. Licence to Access and Use the Community and Community Content

You are granted a non-exclusive, non-transferable, revocable licence to access and use the community and Community Content strictly in accordance with these Terms of Use.

As a condition of Your use of the Community, and the Community Content, You warrant to JALI that You will not:

(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Community Content;

(b) modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Community Content, in whole or in part;

(c) use the Community or any of the Community Content in any manner that could damage, disable, overburden, or impair the access and use of the Community or interfere with any other party’s use and enjoyment of the Community;

(d) use the Community or the Community Content in violation of any Discord Policies, other policies implemented with respect to Discord or the Community from time to time, other rules and policies or procedures that we communicate to You from time to time, laws, rules, regulations or third party rights;

(e) post or send a message or link to content that: promotes illegal activity or conduct that would break any law, rule, regulation or third-party right; is abusive, discriminatory, violent, harassing, indecent or known to be false; and is a form of solicitation.

9. Content Disclaimer

JALI does not endorse any of the content on the Community, unless it is generated by JALI (like the Community Content). We will not be responsible or liable for content that is generated by the Community users or any third party (if for example links to the Community are being used).

10. Monitoring and Disclosure

JALI and its moderators may monitor Your use of the Community. We may monitor content as a result of a user’s report to us. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, at our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Community. If You notice any inappropriate content on the Community, please contact us.

11. Direct Messaging

Direct messaging (DM) is not available within the Community’s channels. Where DMs are applicable on Discord, JALI does not have access to or can monitor such messages. Users cannot utilize a reporting system for DMs but are encouraged to screenshot any concerning interactions and share them with moderators for review. If You attempt to use DMs in a way that violates these Terms of Use, including by sending another Community user inappropriate or harmful private messages, this will be considered a violation of these Terms of Use, and we reserve the right to take action, including banning You from any channel or the Community.

12. Links to the Community

You cannot upload content to the Community; however, You may link to the Community content from other websites (each, a “link sharing website”), provided that such links comply with these Terms of Use and any relevant policies, including those of the link sharing websites and the Discord Policies. You must not imply any affiliation or relationship between us and any link sharing websites. Though linking is permitted in accordance with this section, we do not endorse or recommend the content of any link sharing website. As with links, we cannot be sure that the link will still work when You click on it or that the service or content is useful, appropriate, virus-free or reliable. Therefore, You need to decide for yourself whether You want to follow any link or to agree to receive or rely on any service or content that is made available to You through that link.

13. Contests

We may provide contests on the Community. If You participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.

14. Termination

Without prejudice to any of our rights at law or equity, JALI may terminate at its sole discretion Your access to the Community at any time with no prior notice if You fail to comply with any obligation in these Terms of Use, or if any of Your representations or warranties is or becomes untrue. JALI may also make a channel private or remove any or all of the Community channels at any time without prior notice.

15. Disclaimer

THE COMMUNITY AND THE COMMUNITY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THE COMMUNITY WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. JALI MAKES NO WARRANTY REGARDING THE FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SAFETY, QUALITY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THE COMMUNITY, OR ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR LINKS OBTAINED THROUGH THE COMMUNITY.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMMUNITY AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE COMMUNITY. YOU UNDERSTAND THAT JALI DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE COMMUNITY, NOR DOES JALI MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMMUNITY. JALI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMMUNITY OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE COMMUNITY. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMMUNITY AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE COMMUNITY, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

16. Limitation of Liability

YOU AGREE TO ABSOLVE JALI OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE COMMUNITY AND/OR THE COMMUNITY CONTENT. YOU AGREE THAT JALI SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE COMMUNITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JALI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE COMMUNITY, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE COMMUNITY, OR OTHERWISE ARISING OUT OF THE USE OF THE COMMUNITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JALI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SOME CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMMUNITY, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMMUNITY.

17. Your Obligation to Indemnify JALI

YOU WILL INDEMNIFY JALI AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND LICENSORS (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:

(A) YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THESE TERMS OF USE INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;

(B) YOUR USE OF YOUR USE THE COMMUNITY AND THE COMMUNITY CONTENT; OR

(D) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.

18. Governing Law

Any dispute or claim by you arising out of or related to these Terms of Use will be governed by, and interpreted according to, the laws of Ontario. You agree to and accept these terms with the Ontario government and according to Ontario laws and the applicable laws of Canada. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms of Use. This paragraph will be interpreted as broadly as applicable law permits.

19. Disputes with Other Users

You are solely responsible for resolving any disputes You may have with other Community users. JALI is not obligated to assist You with this. JALI will have no liability whatsoever to You in connection with any such dispute.

20. Reporting Infringing Content

We take copyright infringement very seriously. If You believe that any content posted by another user on the Community violates or infringes Your rights, or another user’s rights, or is otherwise unlawful, please notify us by providing the following information to the email address below:

(a) Identification of the content that You claim infringes Your rights, or another user’s rights, or is unlawful, including specific details to help us locate the material;

(b) Your contact information, including Your full name, email address, and physical address.

(c) A statement that You have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.

(d) A declaration under penalty of perjury that the information in Your notice is accurate and that You are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.

Upon receipt of a notice with the above information, we will take reasonable steps to investigate, including requesting additional information in accordance with local privacy laws (for example: if You reside in the European Union, we shall employ the Notice and Action mechanism under the DSA; if You reside in the USA, we shall employ the Notice and Takedown mechanism under the DMCA) and, where appropriate, remove or disable access to the content in question. If you are the content uploader, we may contact you for further clarification or allow you to submit a counter-notice, if applicable.

Designated Point of Contact:
To submit reports, please email noticereport@jaliresearch.com.

21. International Users

The Community is controlled, operated and administered by the JALI from our offices within the Ontario, Canada. If You access the Community from a location outside Canada, You are responsible for compliance with all the local laws which apply to You. You agree that You will not use the Community in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

22. Changes to the Terms of Use and Additional Policies

From time to time, at our sole discretion, we may modify, revise and update these Terms of Use or any additional policies, rules, or guidelines for the Community as implemented by JALI. All changes are effective immediately when we post them and apply to all access to and use of the Community thereafter. JALI may choose at its sole discretion to bring some or all changes to these Terms of Use to Community’s attention by providing a prominent notice. The most current version will supersede all previous versions. Your continued use of the Community following the posting of revised Terms of Use, or any additional policies, rules, or guidelines for the Community as implemented by JALI, means that You accept and agree to the changes. JALI encourages You to periodically review these Terms of Use to stay informed of our updates, as they are binding on You.

23. Subject Specific Channels

Individual, subject specific, channels within the Community may establish their own rules, guidelines, and terms of use, which will apply to use of such channels.