Limits
Disclaimer & limitation of liability
This page is part of the Rules. It is written to allocate ordinary civil risk among consenting adults. It does not make Operators “not responsible for anything that happens,” and it is unenforceable to the extent it conflicts with applicable law.
01 What this can do
Among adults who agree to these Rules, this page is meant to: disclaim warranties, limit damages, require you to take responsibility for Your Content, require indemnity for your own misconduct, and make clear the ordinary civil limits of Operator and staff liability for member-to-member interactions.
02 What this cannot do
- Excuse crimes, including child sexual exploitation, CSAM, grooming, or trafficking.
- Stop Discord from deleting the server or banning Operators.
- Waive liability that applicable law says cannot be waived (in many places: fraud, willful misconduct, or gross negligence; in some places, personal injury).
- Bind a minor. People under 18 generally cannot give you a clean contractual waiver — which is one reason this community is 18+ only.
- Protect staff who knew a minor was in an 18+ room and left them there, or who ignored illegal content they had actually seen.
03 No verification; no professional service
We do not verify the identity or age of members beyond what is self-reported and what staff actually observe. We are not liable for member-generated content in any channel or room except to the extent staff have actual knowledge of illegal content and fail to take action required by Discord’s rules or applicable law.
The Basement is not a licensed professional service of any kind. Nothing shared here constitutes legal, medical, financial, or psychological advice.
04 Disclaimer of warranties
The Community is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We do not warrant that the Community will be uninterrupted, secure, or error-free, or that any content will be accurate or reliable.
05 Limitation of liability
To the maximum extent permitted by law, Operators, staff, and anyone acting on their behalf shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of the Community.
To the maximum extent permitted by law, our total liability for any claim shall not exceed one hundred U.S. dollars (US $100), or the amount you paid us in the twelve months before the claim (which is typically zero).
Some jurisdictions do not allow certain limitations. In those places, liability is limited to the greatest extent permitted. Nothing in the Rules limits liability that cannot legally be limited, including liability for crimes or for willful misconduct where such limits are prohibited.
06 Release
You release Operators and staff from claims arising out of member-to-member interactions, user-generated content, and your voluntary participation, except for claims that cannot be released under applicable law.
07 Indemnity
You will indemnify, defend, and hold harmless Operators and staff from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from Your Content, your conduct, your misrepresentation of age or identity, or your violation of these Rules or Discord’s Terms of Service.
08 Harm, loss, and damages
Subject to the limits above, The Basement and its staff are not responsible for harm, loss, or damages that occur because of interactions in this server when those interactions are between members, or when they arise from content you or other members choose to share.