Welcome to sympathy.club. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Nocturne LLC ("we", "us", "our", or "the Company"), the operator of the website located at sympathy.club and all associated subdomains, features, and databases (collectively, "the Service").
By creating an account, linking your Discord profile, purchasing subscriptions, or otherwise using the Service, you signify that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you are prohibited from accessing or using the Service.
1. Accounts, Security, and Eligibility
1.1 Age Requirements: You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction) to register an account. The Service is not intended for or directed at children under the age of 13.
1.2 Account Creation: Our signup and login mechanisms leverage Discord OAuth. By using these mechanisms, you authorize us to retrieve certain profile details (e.g., username, unique Discord ID, and avatar URL) as detailed in our Privacy Policy. You represent that you are the lawful owner of the Discord account used to authenticate.
1.3 Security Responsibilities: You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other security breaches. Nocturne LLC is not liable for any loss or damage arising from your failure to comply with this security obligation.
1.4 Account Names and Handles: We reserve the right to reclaim, suspend, or modify account usernames or URLs ("slugs") that are determined, in our sole discretion, to infringe on third-party trademarks, violate copyright, mislead other members, or are otherwise offensive or inactive.
2. Subscriptions, Payments, and Cancellation
2.1 Payment Processing: Paid upgrades are securely processed via Stripe. By electing to purchase a paid upgrade (such as Premium or Pro), you agree to provide valid, complete billing information and authorize Stripe to charge all fees to your chosen payment method.
2.2 Service Tiers:
- Premium Tier: Billed as a one-time, lifetime fee. This grants your specific account access to Premium profile layouts and customization features. "Lifetime" is defined as the operational lifespan of the sympathy.club platform under the management of Nocturne LLC, and does not guarantee uninterrupted operation in perpetuity.
- Pro Tier Addon: Billed as a recurring subscription (monthly or annually). Pro tier adds advanced perks such as custom CSS injection and iframe embeds. Your Pro subscription will automatically renew at the end of each billing cycle unless cancelled prior to renewal.
2.3 Cancellations and Downgrades: You can cancel your Pro subscription at any time via your account dashboard settings. Upon cancellation, your Pro benefits will remain active until the conclusion of your current paid billing period, at which point your account will automatically downgrade to the Premium tier.
2.4 No-Refund Policy: All fees paid for Premium and Pro upgrades are non-refundable. We do not provide refunds, credits, or prorated billing for partial subscription cycles, downgrades, or account inactivity.
3. Custom CSS, Content, and Acceptable Use
3.1 License to User Content: You retain all ownership rights to the images, audio tracks, custom CSS, bios, links, and text that you publish to your public profile page ("User Content"). By uploading or publishing User Content, you grant Nocturne LLC a non-exclusive, worldwide, royalty-free, sublicensable license to store, parse, host, and publicly display your content solely for the purpose of operating the Service.
3.2 Custom CSS Injection Guidelines: Users with Pro access are permitted to write and inject custom CSS into their profile pages. You explicitly agree that your custom CSS will not:
- Contain malicious exploits, cross-site scripting (XSS) payloads, or tracking scripts.
- Attempt to steal session keys, cookies, or user credentials.
- Manipulate visual page elements to impersonate platform admins or other members.
- Include overlapping overlays designed for clickjacking or phishing.
3.3 Prohibited Content and Behavior: You agree not to post, link to, or transmit any User Content that:
- Is unlawful, threatening, abusive, defamatory, harassing, or hate-speech.
- Depicts sexually explicit materials or graphic violence.
- Infringes upon any copyright, trademark, patent, or other proprietary right of a third party.
- Promotes illegal activities, or provides instructional information about illegal acts.
- Employs bots, spiders, or scrapers to harvest data from the Service without permission.
4. Intellectual Property
The Service, including the sympathy.club name, logos, website layout, graphics, original codebase, visual systems, and platform tools, is the exclusive property of Nocturne LLC and is protected by copyright, trademark, and other proprietary laws. You are prohibited from copying, reproducing, scraping, distributing, or reverse engineering any part of the Service without our express prior written permission.
5. Disclaimers and Limitation of Liability
5.1 Platform Disclaimer: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOCTURNE LLC DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE PLATFORM WILL OPERATE ERROR-FREE, SECURELY, OR WITHOUT UPTIME INTERRUPTIONS.
5.2 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOCTURNE LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF REVENUES, DATA, USE, OR GOODWILL, ARISING OUT OF YOUR USE OF THE SERVICE.
5.3 Maximum Liability Cap: IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF NOCTURNE LLC ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF THE SERVICE SHALL BE LIMITED TO THE GREATER OF EITHER FIFTY DOLLARS ($50.00 USD) OR THE TOTAL AMOUNT PAID BY YOU TO NOCTURNE LLC FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6. Indemnification
You agree to defend, indemnify, and hold harmless Nocturne LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of: (i) your use of and access to the Service; (ii) your violation of any term in these Terms; (iii) your violation of any third-party right, including copyright, trademark, or privacy rights; or (iv) any claim that your User Content caused damage to a third party.
7. Dispute Resolution and Governing Law
These Terms shall be governed by, and construed in accordance with, the laws of the jurisdiction in which Nocturne LLC is registered, without regard to its principles of conflicts of law. You and Nocturne LLC agree that any legal action or proceeding arising out of or related to the Service shall be brought exclusively in the courts located within that jurisdiction.
8. Modification and Termination
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. When we make updates, we will revise the "Last Updated" date at the top of this page. Your continued use of sympathy.club after any changes are published constitutes your binding acceptance of the new Terms.
We also reserve the right to suspend or terminate your account, restrict your access to the Service, or remove any User Content at any time, with or without cause, in our sole discretion and without liability.
9. Contact and Legal Inquiries
For any questions, concerns, or official legal notices regarding these Terms, please contact us by email at: [email protected].