Italia Turrita Terms of Service

11. Definitions and interpretation

In plain terms: words with capital letters have the meanings below, so that the rest of the document can be precise.

1.1 In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:

• (a) "Administration", "we", "us" and "our" means a natural person domiciled in the Republic of South Africa who operates the Service, together with the administration of the Repubblica Italiana community, which assists in running the Service;
• (b) "Community" means the Repubblica Italiana roleplay community, comprising its Discord servers, its Roblox groups and Porto Ercole;
• (c) "Porto Ercole" means the Roblox experience of that name operated for the Community;
• (d) "Service" means the Italia Turrita Discord application, together with its web pages and the administration dashboard at /admin (the "Dashboard"), and every function described in clause 3;
• (e) "Member", "you" and "your" means any natural person who uses the Service, whether by running any of its commands, by signing in to the Dashboard or by linking a Roblox account to it;
• (f) "Platforms" means Discord and Roblox, and "Platform Terms" means the Discord Terms of Service, the Discord Community Guidelines and the Roblox Terms of Use, each as amended from time to time;
• (g) "Linked Account" means the Roblox account that a Member has linked to their Discord account through the Service;
• (h) "Groups" means the Roblox groups of the Community, including its main group, Repubblica Italiana, and the Vigili del Fuoco group;
• (i) "Staff Permissions" means permissions within the Service to manage ranks, points, medals, roleplay positions, warrants or moderation, and "Staff" means the Members to whom Staff Permissions have been granted;
• (j) "Case" means the record of a moderation action, identified by a case number;
• (k) "Community-wide Sanction" has the meaning given in clause 8.2;
• (l) "Virtual Items" means ranks, roleplay positions, points and medals within the Community;
• (m) "Community Rules" means the rules of the Community as published from time to time in its Discord servers; and
• (n) "Privacy Policy" means the Italia Turrita Privacy Policy, which forms part of these Terms.

1.2 In these Terms:

• (a) the summary at the top and the plain-language notes in italics are provided to aid understanding and do not alter the clauses, save that any clause which is genuinely ambiguous shall be read in the sense more favourable to the Member;
• (b) headings are for convenience only and shall not affect interpretation;
• (c) the words "including" and "in particular" are illustrative and do not limit the words that precede them;
• (d) the singular includes the plural and vice versa; and
• (e) a reference to a clause is to a clause of these Terms.

22. Acceptance and order of precedence

In plain terms: by using the Service you agree to these Terms; if two sets of rules ever disagree, the ones that protect you most come first.

2.1 These Terms constitute a binding agreement between you and the Administration governing your use of the Service. By using the Service, including by running any of its commands, by signing in to the Dashboard or by linking a Roblox account to it, you accept these Terms and acknowledge the Privacy Policy and the Cookie Policy. If you do not accept them, you shall not use the Service.

2.1A These Terms are published at a permanent address and are referred to when you link an account. The version in force is identified by its effective date, and the Service records the date on which you linked your account.

2.2 In the event of any conflict or inconsistency, the following order of precedence shall apply, each earlier item prevailing over those after it:

• (a) any mandatory provision of the law applicable to you, including the consumer and data protection law of your place of residence;
• (b) the Privacy Policy, in respect of any matter concerning personal data;
• (c) these Terms; and
• (d) the Community Rules.

2.3 The Platform Terms are separate agreements between you and Discord Inc. or Roblox Corporation respectively. Nothing in these Terms amends them, and you shall comply with them at all times.

33. The Service

In plain terms: this is what the bot does for the community. It is a community project, not a Discord or Roblox product.

3.1 The Service supports the Community across its Discord servers, the Groups and Porto Ercole. Subject to these Terms, it:

• (a) links Discord accounts to Roblox accounts, and assigns Discord roles and nicknames that reflect ranks in the Groups;
• (b) administers moderation in the Community's Discord servers and in Porto Ercole, and keeps a Case for each moderation action;
• (c) handles warrant applications between Porto Ercole and the Sistema Giudiziario server;
• (d) manages ranks, join requests, points, medals and roleplay positions for the Groups;
• (e) supports the Community's Senate and Chamber of Deputies, its elections, its events and its Gazette, and publishes the public record of their acts described in clause 5.5 of the Privacy Policy; and
• (f) provides the Dashboard, through which Members may view their account, roles and data, and Staff may carry out the functions that their Staff Permissions allow.

3.2 The Service is not affiliated with, endorsed by or sponsored by Discord Inc. or Roblox Corporation.

44. Eligibility

In plain terms: you need to be 16 or over, with the agreement of a parent or guardian if you are under 18, and to follow the rules of Discord and Roblox.

4.1 You shall be at least 16 years of age to use the Service, and you confirm that you meet this requirement when you link an account or sign in to the Dashboard. This is the same minimum age as the age rating of the Community's experiences on Roblox.

4.1A The Service is operated from the Republic of South Africa, where POPIA treats a person under 18 as a child, whose personal information may be processed only on a ground set out in section 35 of POPIA. If you are under 18, you confirm, when you link an account or sign in to the Dashboard, that a parent or guardian agrees to your use of the Service and to the processing of your Personal Data described in the Privacy Policy. A parent or guardian may withdraw that agreement at any time by contacting the Administration in accordance with clause 18.

4.1B If the Administration learns that a Member is under 16 years of age, or that the parent or guardian of a Member under 18 does not agree or has withdrawn their agreement, Staff shall use the Service's under-age removal action, which unlinks the Member's account and deletes the Member's Personal Data in accordance with clause 10, save for the limited records described in clause 7.3 of the Privacy Policy. The removal is not a sanction, and the Member is not placed on the blocklist.

4.1C Positions as Staff, as a playtester or as a paid developer are held under separate signed agreements. Paid developer positions are open only to persons aged 18 or over. Playtester positions are open to persons aged 16 or over. Moderation Staff positions are open to persons aged 16 or over, and an applicant aged 16 or 17 needs a reference from a current member of Staff and the agreement of a parent or guardian under clause 4.1. An applicant confirms this on the application form, and an application that states otherwise is not accepted.

4.2 You shall comply with the Platform Terms at all times, and your eligibility to use the Service is subject to your continued eligibility to use the Platforms.

4.3 Meeting the minimum age of the Platforms does not satisfy clause 4.1. The Service is operated subject to the child-protection and data-protection law applicable to you, as described in the Privacy Policy.

55. Account linking

In plain terms: link only your own Roblox account, and keep your verification link private.

5.1 You may link only a Roblox account that you own and control. You shall not link, or attempt to link, an account belonging to another person, and you shall not assist another person to link your account.

5.2 The verification link that the Service issues to you is personal to your Discord account and shall not be shared with any other person.

5.3 You may link a different Roblox account at any time by means of /account change. With effect from that change, the previously Linked Account shall cease to be synchronised and, where applicable, shall return to the citizen rank of the main group; any roleplay positions it held shall be referred to Staff for review.

5.4 If you lose access to your Linked Account, or believe that it has been compromised, you shall inform the Administration without delay. The Administration may suspend the synchronisation of that account, and the roles and Staff Permissions that depend on it, until control has been confirmed. Changing your Linked Account under clause 5.3 removes the roles and permissions that depended on the previous account at once; restoring them on the new account is subject to review by Staff where the rank or position requires it.

5.5 You may request the erasure of your data at any time, in accordance with clause 10.

66. Acceptable use

In plain terms: use the Service for what it is for, and treat everyone with respect.

6.1 You shall not:

• (a) use the Service otherwise than for its intended functions within the Community, save where necessary to report a fault, to exercise a legal right, or to carry out an activity authorised by the Administration;
• (b) interfere with, overload, probe or circumvent the Service, its security measures or its permissions;
• (c) impersonate any person, or misrepresent your identity or your affiliation;
• (d) use the Service to harass, threaten or discriminate against any person; or
• (e) exercise any Staff Permission for personal reasons, or otherwise than for the purpose for which it was granted.

77. Staff Permissions and oversight

In plain terms: staff actions are recorded and checked automatically, which protects members and staff alike.

7.1 The Administration may grant Staff Permissions to such Members as it considers appropriate, and may vary or withdraw them at any time.

7.2 Every action taken by means of Staff Permissions is recorded in the staff activity log described in the Privacy Policy.

7.3 The Service automatically monitors Staff activity for indications of misuse, including excessive rank changes, changes to one's own rank, actions against Members of equal or higher rank, and repeated reversals. The monitoring operates in one of two modes, chosen by the Administration:

• (a) in observation mode, a detection is recorded and referred to the Administration for review, and the action is not blocked; and
• (b) in enforcement mode, the action is also blocked, and the Member's Staff Permissions within the Service are suspended pending review.

In either mode, the Administration is entitled to reverse any change made in the course of the activity detected.

7.4 An automated detection under clause 7.3 is an indication of possible misuse, not proof of it. A suspension is a protective measure and does not of itself constitute a finding of wrongdoing.

7.5 Every suspension is recorded, together with the activity that caused it and the outcome of its review. It is reviewed by an administrator other than the Member concerned without undue delay, and the Member is informed of the case number and of the outcome. The Member may at any time ask for the review to be carried out, explain the circumstances and contest the decision, as set out in clause 4 of the Privacy Policy.

7.6 Staff may request a leave of absence through the Service. A request is decided by a member of Staff authorised for that purpose, and an approved leave is recorded for the period requested.

88. Moderation, sanctions and appeals

In plain terms: if a sanction is ever needed, you are given a case number, and you can appeal to someone who was not involved.

8.1 Staff authorised for that purpose may issue warnings, timeouts, kicks and bans. A ban may apply to one Discord server, to selected servers, to Porto Ercole only, or to the whole Community.

8.2 In the case of a serious violation, the Administration may impose a sanction that applies across all of the Community's Discord servers, the Groups and Porto Ercole, and extends to the Linked Account (a "Community-wide Sanction").

8.2A Sanctions shall be proportionate to the nature, seriousness and repetition of the conduct concerned, and shall be imposed only under these Terms and the Community Rules. A Community-wide Sanction is reserved for serious or repeated violations.

8.3 Each moderation action shall be recorded as a Case, the number of which shall be given to you when you are notified of the action. Where a sanction applies in Porto Ercole, the Service may also show you a notice of it in the game.

8.4 Appeals. You may appeal a sanction by means of the Appeal button attached to the notice of the sanction, which opens a short form. To appeal, contact the administration of the Repubblica Italiana community and quote the case number. Appeals are reviewed by someone who did not take the original decision. An appeal shall be decided by a member of Staff other than the one who took the original decision, who shall consider it fairly and give you a reasonable opportunity to explain the circumstances. You shall be informed of the outcome.

8.5 Nothing in these Terms authorises any sanction or decision that discriminates unlawfully, or that would override a protection that the law gives you.

99. Roleplay ranks, positions and Virtual Items

In plain terms: ranks and medals are part of the game we play together; they are not property and have no money value.

9.1 Virtual Items exist solely within the roleplay of the Community. They confer no ownership or other proprietary right and have no monetary or other value outside the Community.

9.1A Virtual Items cannot be bought, sold, redeemed or exchanged for money or anything of monetary value. Should that ever change, these Terms shall be amended in accordance with clause 15 before any such feature is introduced.

9.2 Virtual Items may be granted, varied or withdrawn by the persons authorised to manage them, subject to these Terms and to the oversight described in clause 7.

1010. Privacy and erasure

In plain terms: you can always see your data and ask for it to be erased; erasing it also takes you out of the groups.

10.1 The processing of personal data by the Service is governed by the Privacy Policy, which explains what data is processed and why.

10.2 You may view a summary of your data at any time by means of /privacy view, and request its erasure by means of /privacy forget or the Dashboard, once in every period of 24 hours.

10.3 An erasure request shall be assessed and carried out in accordance with the data protection law applicable to you. Some information may be retained where a legal basis or a legal exception permits or requires it, for the periods and for the reasons set out in the Privacy Policy.

10.3A Erasure involves several distinct consequences, which the Service explains before you confirm the request:

• (a) your Linked Account is unlinked and is no longer synchronised;
• (b) the Discord roles, Group ranks and roleplay positions that depend on that link are removed, because they cannot be maintained without the records that manage them;
• (c) Personal Data that is no longer necessary is deleted; and
• (d) the limited records described in clause 7.3 of the Privacy Policy are retained until their retention period ends.

10.4 Nothing in this clause 10 prevents you from linking an account again, and requesting to rejoin the Groups, after an erasure.

1111. Availability and changes to the Service

In plain terms: the Service is run by volunteers, so it may sometimes change or be unavailable.

11.1 The Service is provided by volunteers on an "as is" and "as available" basis.

11.2 The Administration may modify, suspend or discontinue all or any part of the Service at any time and without notice, for maintenance, security or operational reasons.

11.3 The modification, suspension or discontinuance of the Service does not relieve the Administration of any obligation imposed on it by law, including its obligations in respect of Personal Data already processed, which continue to be honoured in accordance with the Privacy Policy.

1212. Disclaimer and limitation of liability

In plain terms: we do our best but cannot guarantee the Service; your legal rights are never affected.

12.1 The Service is provided on an "as is" and "as available" basis, subject to any rights and obligations imposed by applicable law. To the fullest extent permitted by that law, the Administration excludes such warranties as may lawfully be excluded.

12.2 Subject to clause 12.3, and to the fullest extent permitted by applicable law, the Administration limits its liability for interruptions and unavailability of the Service and for decisions taken in the management of the Community.

12.3 Notwithstanding any other provision of these Terms, nothing in them excludes or limits any liability that cannot lawfully be excluded or limited, and nothing in them affects your statutory rights, including the consumer and data protection rights of the country where you live.

1313. Suspension and termination

In plain terms: access can be ended if the rules are broken, and you are free to stop at any time.

13.1 The Administration may suspend or terminate your access to the Service if you breach these Terms or the Community Rules. Any such measure shall be taken consistently with these Terms, the Community Rules and applicable law, and is subject to the appeals process in clause 8.4.

13.2 You may stop using the Service at any time, and may request the erasure of your data in accordance with clause 10.

13.3 Clauses 9, 12, 16 and 17, and any other provision which by its nature is intended to survive, shall survive the termination of your access.

1414. Force majeure

In plain terms: if something outside our control, such as an outage at Discord or Roblox, stops the Service working, that is not a breach of these Terms.

14.1 The Administration shall not be in breach of these Terms, nor liable for any delay or failure in performing them, to the extent that the delay or failure results from events or circumstances beyond its reasonable control, including the unavailability or failure of the Platforms or of any processor named in the Privacy Policy, changes to the Platforms' interfaces or policies, network failures and acts of public authorities.

1515. Changes to these Terms

In plain terms: if we change something important, we tell you at least a week in advance.

15.1 The Administration may amend these Terms from time to time. The effective date shown at the top identifies the current version and the date on which it was published.

15.2 Material changes shall be announced in the Community's Discord servers at least seven days before they take effect. A material change therefore applies to a Member who already uses the Service from the seventh day after its announcement, and to a new Member from the effective date.

15.3 The announcement of a material change shall summarise what has changed. Where the law requires it, or where the change materially affects your rights, the Service shall ask you to accept the amended Terms before you continue to use the functions concerned.

15.4 If you do not accept a change, you may stop using the Service and request the erasure of your data, which shall be handled in accordance with clause 10. Subject to clause 15.3, continued use of the Service after a change has taken effect constitutes acceptance of it.

1616. Governing law and forum

In plain terms: the law where you live always protects you, and we would much rather sort things out by talking.

16.1 These Terms are governed by the law of the Republic of South Africa, from which the Service is operated, subject to clause 16.2.

16.2 Notwithstanding any other provision of these Terms, the mandatory consumer and data protection law of your place of residence shall prevail over these Terms, and nothing in these Terms shall deprive you of the protection it affords you.

16.3 You may bring any claim relating to these Terms before the courts or the competent authorities of your place of residence, including its data protection supervisory authority, or before any other forum that the law makes available to you.

16.4 The parties shall endeavour in good faith to resolve any disagreement informally, by contact in accordance with clause 18, before taking any formal step. This clause does not limit your right to complain to a supervisory authority at any time.

1717. General provisions

In plain terms: the usual legal housekeeping, which keeps the rest of these Terms working as intended.

17.1 Entire agreement. These Terms, together with the Privacy Policy and the Community Rules, constitute the entire agreement between you and the Administration in relation to the Service, and supersede any prior understanding concerning it.

17.2 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, where that is not possible, severed, and the remaining provisions shall continue in full force and effect.

17.3 No waiver. No failure or delay by the Administration in exercising any right under these Terms shall operate as a waiver of it, nor shall any single or partial exercise of a right preclude its further exercise.

17.4 Assignment. Your rights under these Terms are personal to you and may not be assigned or transferred. The Administration may transfer the operation of the Service to any successor administration of the Community, provided that your rights under these Terms and the Privacy Policy are not thereby diminished.

17.5 Notices. The Administration may give notices to Members by announcement in the Community's Discord servers or by direct message through the Service. Members may give notices to the Administration by the means set out in clause 18.

1818. Contact

In plain terms: we are glad to help with any question, large or small.

18.1 The Service is operated from the Republic of South Africa by a natural person domiciled in the Republic of South Africa who operates the Service, who is responsible for it and for handling legal and privacy requests concerning it, assisted by the administration of the Repubblica Italiana community. The identity of the individual responsible is disclosed on request to any Member or authority with a legitimate need to know it.

18.2 Questions and notices concerning these Terms may be sent by email to repubblicaitaliana-rblx@googlegroups.com, or through the Repubblica Italiana administration on the community's Discord servers.