Términos de Servicio de Raw Community

Last Updated: May 28, 2024Effective: May 28, 2024
RECUERDE: El siguiente documento está escrito en Inglés, pero tiene la misma veracidad y valided legal, independientemente del idioma, ya que es un documento legalmente vinculante.
These Terms of Service (this "Agreement") are entered into by and between Raw Community ("Raw Community", "we", or "us") and you, who is either (a) an individual user of the Services, or (b) an individual acting on behalf of a legal entity that is a user of the Services (as defined below). This Agreement governs your use of the Services and constitutes a legally binding agreement between you and Raw Community. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into this Agreement on behalf of that legal entity. If you are using the Services on behalf of a legal entity, "you" refers to that entity.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Raw Community. BY SUBSCRIBING TO, ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT (1) YOU HAVE READ THIS AGREEMENT, (2) YOU ACCEPT THE TERMS OF THIS AGREEMENT, AND (3) YOU READ, UNDERSTOOD AND ACCEPT OUR PRIVACY POLICY AVAILABLE AT https://www.rawcommunity.es/legal/privacy.
IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT REGISTER FOR OR USE THE SERVICES NOR CLICK "I ACCEPT" OR "AGREE" TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
Raw Community may modify this Agreement from time to time, in which case we will post a new version on this site www.rawcommunity.es ("Site"), and update the "Last Updated" and "Effective" dates above, and changes to this Agreement are effective according to the "Effective" date. Your continued use of the Services following posting of any changes consitutes your acceptance of such changes, and if do not agree with the changes, you must immediately stop using the Services. Raw Community may change or discontinue all or any aspect of the Services at any time, with or without notice, and without liability to you, in our sole discretion.
1. Description of our Services. Raw Community provides game hosting services, virtual private servers, and other related services (collectively, the "Services").

2. Definitions
"Applicable Laws" means all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority in any jurisdiction over the Services or the parties to this Agreement, whether those laws are now in effect or later come into effect during the term of this Agreement.

“Subscription Period” means the term of your subscription to the Services.

3. Scope of Rights and Restrictions
3.1. Services. Raw Community hereby grants you the revocable, non-exclusive, limited, non-transferable right to access and use the Services solely in strict accordance with this Agreement.
3.2. Alpha. You acknowledge and agree that Raw Community is providing the Services hereunder as an "alpha" release, and that the Services may contain bugs, errors, and other issues. You acknowledge and agree that the Services may not be complete and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information. You acknowledge that the Services are being provided on an "AS IS" and "AS AVAILABLE" basis, and that Raw Community does not warrant that the Services will be uninterrupted or error-free, unless otherwise guaranteed by a Service Level Agreement. You acknowledge and agree that the use of the Services may result in unexpected results, loss of data, delays, or other unpredictable damage or loss to you or others. You acknowledge and agree that Raw Community is not responsible for any such damage or loss.
3.3. Restrictions. You agree not to, and not to allow others to use, the Services in any manner outside of the scope of the rights granted to you under this Agreement. Without limiting the foregoing, you expressly agree not to do the following with respect to the Services: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services or its structural framework, (ii) sublicense, subcontract, translate or sell any rights to the Services, (iii) use any robot, spider, site search or retrieval mechanism or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, (iv) harvest or collect information about or from other users of the Services (v) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services (vi) modify or create derivative works of the Services, (vii) attempt to gain unauthorized access to the Services or its related systems or networks, (viii) use the Services in whole or in part for any illegal or other purpose except as expressly provided under this Agreement, (ix) collect or uploaded any personally identifiable information from or to the Services, except as authorized by the relevant subject, or (x) facilitate or encourage any violations of this Section 3.3. You further expressly agree (a) to take all reasonable precautions to prevent unauthorized or improper use of the Services, (b) to not interfere with or disrupt the integrity or performance of the Services, (c) to not attempt to gain unauthorized access to the Services or its related systems or networks, (d) to not create Internet “links” to the Services or “frame” or “mirror” any content therein; (e) that your access to the Services will not be used in connection with the development of any product or service that is in competition with the services provided by the Services, nor will you assist or facilitate any third party in any such use.
3.4. Third Party Services. Certain features and functionalities within the Services as we determine in our sole discretion may include or otherwise also allow you and other holders to interact with, access and/or use compatible third-party services, products, data, technology, websites and content (collectively, “Third Party Services”) through the Services. You agree that Raw Community does not provide any aspect of the Third Party Services and is not responsible for the accuracy of such Third Party Services nor any compatibility issues, errors or bugs in the Services or Third Party Services caused in whole or in part by the Third Party Services or any update or upgrade thereto.
3.5. Reservation of Rights. All rights not expressly granted to you herein are expressly reserved by Raw Community. Raw Community will retain ownership of the Services, including without limitation, all related software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information, and all copyrights, patents, trademarks, trade secrets, know-how, databases, and other intellectual property rights (whether registered or unregistered) relating to or embodied in the Services and any updates, improvements, modifications or enhancements (including error corrections) thereto, and all derivative works thereof. You will have no right, title, or interest in or to the same except the rights expressly granted to you in Section 3.1. Nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license under any of Pyro’s or its licensors’ existing or future rights in or to the Services except as expressly granted in Section 3.1. Raw Community trade names, trademarks, service marks, titles, and logos, and any goodwill appurtenant thereto, shall be owned exclusively by Raw Community and shall inure solely to the benefit of Raw Community.
3.6. Equipment. As between Raw Community and you, you are responsible for obtaining and maintaining all computer hardware, software, communications and equipment needed to access and use the Services, and for paying any associated third-party expenses.
4. Suspension. You agree and acknowledge that Raw Community may immediately suspend your access to the Services at any time, without notice and without liability (i) if Raw Community suspects or receives notice that the Services or the use thereof actually or allegedly infringes or violates any third party’s rights or violates any Applicable Laws or (ii) if Raw Community determines, in its sole discretion, that any improper activity or potential damage may impact the Services (or any other Raw Community product or service).

5. Term and Termination
5.1. Term. This Agreement will commence on the date you first access or use the Services and continue until terminated as provided herein, or until your access is suspended or terminated by Raw Community.
5.2. Termination. Raw Community may terminate this Agreement at any time, with or without cause, and with or without notice.
5.3. Effect of Termination. Upon termination of this Agreement, your right to access or use the Services will immediately cease, and Raw Community will have no obligation to maintain, deliver, or provide access to the Services. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, indemnity, confidendtiality (as defined in Section 6. Confidentiality), and limitations of liability.

6. Confidentiality
6.1. Confidential Information. You agree and acknowledge that any and all technical, trade secret, or business information, including, without limitation, financial information, business or marketing strategies or plans, product development or customer information, which is disclosed to you by Raw Community or otherwise accessed by you during the term of this Agreement (the “Confidential Information”) is confidential and proprietary, constitutes trade secrets of Raw Community, Customer, or a third party who has authorized you to view such Confidential Information, and, as such is of great value and importance to the success of the Raw Community or its Customer’s or third party’s partner’s business. 
6.2. Non-Disclosure. You agree not to disclose any Confidential Information to any third party, and to take all reasonable precautions to protect the confidentiality of the Confidential Information. You agree not to use any Confidential Information for any purpose other than to fulfill your obligations under this Agreement. You agree not to disclose any Confidential Information to any third party, and to take all reasonable precautions to protect the confidentiality of the Confidential Information. You agree not to use any Confidential Information for any purpose other than to fulfill your obligations under this Agreement.
6.3. Exceptions. Confidential Information does not include information that is (i) publicly known at the time of disclosure or becomes publicly known through no wrongful act or failure of the receiving party, (ii) known to the receiving party at the time of disclosure, (iii) independently developed by the receiving party, or (iv) becomes known to the receiving party from a source other than the disclosing party without breach of this Agreement by the receiving party.
6.4. Obligations
6.4.1. You agree to use the same degree of care to protect the Confidential Information as you use to protect your own confidential information of like nature, but in no event less than reasonable care. You agree to immediately notify Raw Community of any unauthorized disclosure or use of the Confidential Information, and to assist Raw Community in remedying such unauthorized disclosure or use.

7. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUATORY. Raw Community DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Raw Community DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Raw Community DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS, OR THAT PROGRAM DEFECTS OR ERRORS ARE CAPABLE OF CORRECTION OR IMPROVEMENT. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Raw Community IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ACKNOWLEDGE THAT Raw Community IS NOT RESPONSIBLE FOR THE ACCURACY OR THE RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
8. Representations. You represent, warrant, and covenant that (i) you will comply with all Applicable Laws with respect to your access to and use of the Services.

9. Indemnification and Liability
9.1. Indemnification. If instructed by Raw Community, you shall be responsible for defending, and in any event, indemnifying and holding Raw Community harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following: (i) your use of the Services, (ii) your breach or alleged breach of this Agreement, (iii) your violation of any Applicable Laws, or (iv) your violation of any rights of any third party.
9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Raw Community WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND ANY OTHER SERVICES RENDERED HEREUNDER (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF Raw Community HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PYROs TOTAL CUMULATIVE AND AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO Raw Community FOR THE SERVICES.

10. General Terms
10.1. Assignment of Agreement. The Agreement and all rights and obligations hereunder may not be assigned by you without the prior written consent of Raw Community, and any attempted assignment without such consent will be void. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
10.2. Force Majeure. Raw Community will not be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, governmental orders and acts (including government-imposed travel restrictions and quarantines), pandemics, material changes in law, war, terrorism, riot, or acts of God.
10.3. Independent Contractors. You agree and acknowledge that you and Raw Community are independent contractors and nothing in this Agreement will be deemed to create any agency, employee-employer relationship, partnership, or joint venture between you and Raw Community. You will not have or represent that you have the right, power or authority to bind, contract or commit Raw Community or to create any obligation on behalf of Raw Community without its express prior written consent. 
10.4. Communications. Notices to you shall be sent to the address that Raw Community has on file with your user account. You agree that Raw Community may communicate with you electronically regarding administrative, security, and other issues relating to your use of the Services. Notwithstanding anything to the contrary herein, you agree that any notices, agreements, disclosures or other communications that Raw Community sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
10.5. Miscellaneous. If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby and the illegal, invalid, or unenforceable provision will be deemed modified such that it is legal, valid, and enforceable and accomplishes the intention of the parties to the fullest extent possible. The failure of either party to enforce any provision of this Agreement, unless waived in writing by such party, will not constitute a waiver of that party’s right to enforce that provision or any other provision of this Agreement. IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT TO THE MAXIMUM ALLOWED BY APPLICABLE LAW. This Agreement is made and entered into for the sole protection and benefit of the parties hereto, no other person or entity shall be a direct or indirect beneficiary of nor shall have any direct or indirect cause of action or claim in connection with this Agreement. The enumeration herein of specific remedies shall not be exclusive of any other remedies. Any delay or failure by any party to this Agreement to exercise any right, power, remedy or privilege herein contained, or now or hereafter existing under any applicable statute or law, shall not be construed to be a waiver of such right, power, remedy or privilege, nor to limit the exercise of such right, power, remedy, or privilege, nor shall it preclude the further exercise thereof or the exercise of any other right, power, remedy or privilege. This Agreement supersedes all prior discussions, understandings and agreements with respect to its subject matter. This Agreement may only be modified by Raw Community as set forth in the fourth paragraph of this Agreement, or by the parties in a writing signed by both parties.
10.5. Severability. If an arbitrator or court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or unenforceable, the remaining provisions of this Agreement will remain in full force will still apply.
10.6. Contact. The Site and the Services are operated by Raw Community. If you have any questions about this Agreement, please email us at soporte@rawcommunity.es.

Acceptable Use Policy

We created Raw Community to make it easier to host servers for your favorite games. We're committed to making our platform safe, secure, and welcoming, and we need your help to do that. This Acceptable Use Policy ("AUP") outlines common-sense rules that apply to all Raw Community users. The AUP is part of the Terms of Service.
You may not use our Site or the Services (each as defined in our Terms of Service), or enable anyone else to use the Site or the Services, in a manner that:
  • violates or infringes someone else’s rights of privacy, publicity, copyright, trademark, or other intellectual property right;
  • bullies, harasses, or intimidates any person or group of people;
  • defames, abuses, harasses, threatens, or otherwise violates the legal rights of others;
  • create accounts to access our Services through unauthorized or automated means;
  • interferes with the integrity or performance of the Site or the Services, whether by use of malicious code, unauthorized access, the creation of inauthentic accounts, or otherwise;
You may not use Raw Community's Site or Services if you are:
  • a child under the age of 18. Please see our Privacy Policy for more information regarding children's privacy.

Unlimited Storage Policy
Servers are provided with a baseline amount of storage necessary to run the server. We do not typically limit the amount of storage you can use, but we reserve the right to limit the amount of storage you can use if we determine that your storage usage is excessive. Excessive use of storage is determined by the effect it has on the performance of the server and the average storage usage of other users. Thus, this policy exists as a method of protecting other users, not as a method of explicitly limiting your storage usage.

Refunds and Cancellations
We offer a 24-hour refund period for all of our paid services. You may email us at soporte@rawcommunity.es, or create a ticket within the Discord server (accessible via the management panel) to request a refund. We reserve the right to limit the number of refunds you can request if we determine that you are abusing the refund system or if we determine that you are not using the Services in good faith. You can also cancel your services via the same methods.

Promotions Policy
We may offer promotions from time to time. We reserve the right to limit the number of promotions you can use. Raw Community cannot guarantee that promotions will be available at any given time.