Terms of use
Terms of use
The website in question is safeguarded by copyright laws attributed to its creator. Certain features of the website may come with additional guidelines, terms, or rules that are unique to them. These specific instructions will be presented on the website where those particular features are located.
These Terms also include any additional provisions, instructions, and regulations by reference.
The Terms of Use presented here are the required regulations and guidelines governing your use of the website. BY LOGGING INTO THE WEBSITE, YOU CONSENT TO ADHERE TO THESE TERMS and confirm that you have the legal authority and capacity to accept them. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS THE WEBSITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT LOG IN OR USE THE WEBSITE.
Access to the Site
According to these Terms, the Company grants you a limited, non-exclusive, revocable, and non-transferable license to access and use the Site solely for your personal, non-commercial use.
Under these Terms, there are specific restrictions on the permissions you have. In particular, the following actions are not allowed: (a) you cannot sell, lease, sublet, transfer, assign, or distribute the Site, nor use it for any business activities; (b) you are not allowed to modify, create adaptations, decompile, reverse assemble, or reverse engineer any part of the Site; (c) you cannot use the Site as a foundation to create a competing or similar site; and (d) it is prohibited to duplicate, display, publish, download, exhibit, or broadcast any part of the Site in any way, except as explicitly permitted in this document. Additionally, any future updates, upgrades, or new features added to the Site must comply with these Terms. You must also ensure that all copyright and legal notices remain intact on all copies of the Site.
The Company reserves the right to change, pause, or stop the Site at any time, with or without prior notice to you. You agree that the Company will not be liable to you or any third party for any alterations, interruptions, or termination of the Site or any part thereof.
Absence of Support or Maintenance. You understand that the Company is not obligated to provide any assistance for the Site.
You recognize that, except for the material you provide, all intellectual property including copyrights, patents, trademarks, and trade secrets linked to the Site and its contents are owned by the Company or its associated providers. It's essential to note that these Terms and your use of the Site do not grant you any ownership or rights to this intellectual property, other than the limited usage rights stated in Section 2.1. Any rights not expressly granted to you in these Terms remain with the Company and its providers.
User Content
The term "User Content" encompasses various types of information and materials that users may upload or submit to the website. You alone are responsible for managing and assuming all risks associated with the user content you provide. You affirm that your user content adheres to our Acceptable Use Policy. You must not suggest or imply to others that your user content is officially endorsed or sponsored by our company. As the sole party responsible for your user content, you may be held legally accountable for it. The company is under no obligation to keep a backup of any user content you post and has the right to remove your content at any time without prior notice. If you wish to retain your user content, you should independently back it up.
By accepting these terms, you grant the Company an everlasting, non-exclusive, royalty-free, and fully compensated worldwide license to use, reproduce, distribute, display, and perform your User Content publicly. The Company can also modify, incorporate it into other works, and utilize it in various forms. Furthermore, the Company may permit others to exercise these rights. This license is solely for incorporating your User Content into the Site. Additionally, you irrevocably waive any legal rights or claims to artistic credit related to your User Content.
Summary of Acceptable Use Policy: Our Acceptable Use Policy sets forth the following requirements: You must avoid using the website to collect, upload, share, display, or distribute any user-provided content that (i) infringes on the rights of others or violates any intellectual property or ownership laws; (ii) is illegal, harassing, abusive, harmful, invasive of someone's privacy, vulgar, defamatory, deceitful, intentionally misleading, likely to harm someone’s trade reputation, explicit, indecent, overtly offensive, or promotes discrimination, hatred, or violence against any individual or group; (iii) is harmful to minors in any way; or (iv) contravenes any legal statutes, regulations, or any third-party terms or restrictions.
Additionally, you agree to avoid the following actions: (i) uploading, transmitting, or distributing any software through the Site that aims to damage or alter computer systems or data; (ii) sending unsolicited or unauthorized advertisements, promotional materials, spam, chain letters, pyramid schemes, or any other repetitive or unwelcome communications via the Site; (iii) using the Site to illegally collect or gather information about other users without their consent; (iv) overloading or excessively straining servers or networks connected to the Site, or violating the rules, policies, or procedures of these networks; (v) attempting to gain unauthorized access to the Site by any means, such as password mining; (vi) interfering with or disrupting another user’s use of the Site; or (vii) using software or automated tools to create multiple accounts on the Site, or to perform automated searches, requests, or queries on the Site.
We reserve the right to review User Content and take action at our sole discretion if you violate the Acceptable Use Policy, any terms of this agreement, or create potential legal problems for us or others. Our actions may include modifying or removing your User Content, terminating your account as described in Section 8, and even reporting your case to law enforcement if required.
When you provide suggestions or comments about the Site to the Company, you automatically give up all rights to that feedback in favor of the Company. You recognize that the Company is free to use and profit from this feedback and related information as it chooses. Furthermore, you agree that any feedback you provide will be treated as non-confidential and not proprietary.
You agree to indemnify and hold the Company and its executives, employees, and agents harmless from any liabilities, including expenses and legal fees, arising from any third-party claims or demands due to: (a) your activities on the Site, (b) your violation of these Terms, (c) your breach of any laws or regulations, or (d) the content you have provided. The Company reserves the right to assume exclusive control over the defense and management of any matter you are obligated to defend us against, and you must assist us in defending these claims. You agree not to settle any matter without the Company’s prior written consent. The Company will endeavor to promptly notify you of any such claim, lawsuit, or legal proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
External Links and Advertisements: Our website may include links to third-party websites and services, as well as advertisements. The presence of these links and ads is not under our Company's control, and we are not responsible for their content. We provide them solely for your convenience and do not conduct reviews, endorse, or guarantee them in any way. Use these links and ads at your own risk, and exercise caution and discernment. Upon clicking any of these external links or advertisements, you will be governed by the third party's policies and privacy practices.
Each person using the Site is fully accountable for what they contribute. We don't monitor the content added by users, so you acknowledge that we aren't responsible for any content, whether posted by you or others. You agree that the Company isn't liable for any losses or damages resulting from content interactions. If you have a dispute with another user, we are not obligated to get involved.
By accepting this statement, you are relinquishing all rights to initiate any claims or legal proceedings against the Company, including its officers, employees, agents, successors, and any related parties, for any problems, liabilities, or disputes related to the use of the Site, whether these issues occurred in the past, present, or might arise in the future. If you live in California, you are additionally waiving your rights under California Civil Code Section 1542, which would otherwise enable you to claim unknown potential benefits at the time of release that could have substantially affected your decision to settle.
Cookies and Tracking Pixels. Like many other websites, MODS uses 'cookies'. These cookies collect information about user preferences and the specific web pages they have visited. This information is used to improve the user experience by customizing the website content to match the visitor's browser type and other relevant details.
Google's DART Cookies by DoubleClick: Google functions as a third-party provider for our site, using cookies known as DART cookies to show ads to visitors based on their prior visits to www.website.com and other online locations. However, visitors can opt out of DART cookies by reviewing Google's advertising and content network privacy policy at this URL: https://policies.google.com/technologies/ads.
Our promotional partners: Various advertisers on our website may use cookies and web beacons. We have listed our advertising partners below. Each of these partners has their own Privacy Policy detailing how they collect user data. For your convenience, we have provided direct links to their Privacy Policies below.
Sure, here's a paraphrase of the given link: You can visit Google's official policies for an in-depth understanding of how they handle and use advertising technologies. The page contains detailed information on the mechanisms they use to deliver relevant ads, collect data, and ensure privacy and user safety.
Disclaimers
The website is provided as-is, with no guarantee of availability. Both the company and its suppliers expressly disclaim all warranties and conditions, whether explicit, implied, statutory, or otherwise. This includes warranties or conditions related to merchantability, fitness for a particular purpose, ownership, peaceful use, accuracy, or freedom from intellectual property infringement. Neither we nor our suppliers guarantee that the website will meet your expectations, operate uninterrupted, be timely, secure, error-free, accurate, reliable, free of viruses or harmful components, complete, lawful, or safe. If any warranties are legally required, they are limited to a maximum of ninety (90) days from the initial date of use.
In certain legal domains, denying implied warranties is not allowed, so the previously mentioned exclusion might not apply to you. Moreover, some jurisdictions do not allow constraints on the length of an implied warranty, making the stated limitation potentially irrelevant for you as well.
Limitation on Liability
To the maximum extent permitted by law, neither the company nor its suppliers will be held liable for any loss of profits, loss of data, costs associated with acquiring replacement goods, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or your interaction with, or inability to interact with, the site, even if the company was informed of the possibility of such damages. You choose to access and use the site at your own risk, and you alone will be responsible for any damage to your device or computer system, or any data loss resulting from your use of the site.
As permitted by law, and regardless of any differing terms in this document, our liability for any damage arising from or associated with this contract is always limited to $50 USD. This cap remains unchanged regardless of the number of claims made. You also agree that our suppliers will have no liability in connection with this contract.
Some regions do not allow limiting or removing liability for unforeseen or indirect damage, so the restriction or exclusion mentioned earlier may not apply to you.
Duration and Termination. These Terms will remain valid and enforceable as long as you use the Site, as stated in this clause. We reserve the right, at our sole discretion, to suspend or terminate your access to the Site at any time, for any reason, including if you violate these Terms. If your rights under these Terms are terminated, your Account and your ability to access and use the Site will immediately be revoked. You understand that canceling your Account could lead to the deletion of any User Content associated with your Account from our active databases. In the event that your rights under these Terms are terminated, the Company will not be liable to you in any way. The provisions of these Terms that will remain in effect after the termination of your rights include Sections 2 to 2.5, Section 3, and Sections 4 to 10.
Copyright Policy.
Our company prioritizes the protection of intellectual property rights and expects our website users to do the same. We've implemented a policy, compliant with copyright law, that facilitates the removal of any content infringing on these rights and the termination of repeat offenders on our platform. If you believe a user is unlawfully infringing on copyright within any work, and you wish for us to take down the material in question, you must send a formal written notice (as specified in 17 U.S.C. § 512(c)) to our designated Copyright Agent.
your physical or electronic signature;
A declaration detailing the copyrighted content that you claim has been violated.
Identification of the specific content within our services that you claim is infringing on rights and are requesting us to remove.
Sufficient information to enable us to locate the specified content.
Your home address, phone number, and email information.
A statement affirming your genuine belief that the use of the contested content is unauthorized by the copyright owner, their agent, or applicable laws; and
A statement verifying the accuracy of the information provided in the notification, with an acknowledgment that giving false details may result in perjury charges. It confirms that you are the rightful copyright owner whose rights are allegedly infringed, or that you have the authority to act on behalf of the copyright owner.
Please note that under 17 U.S. Code § 512(f), if someone falsely claims a material fact in a formal complaint, they will be held liable for any damages, costs, and legal fees we may incur as a result of the incorrect accusation of copyright infringement.
General
We may revise these Terms periodically, and in case of any major updates, we will inform you either by emailing the most recent email address you have provided us or by prominently posting the changes on our Website. It's your responsibility to keep us informed of your current email address. Even if the email address you last gave us is no longer valid, our attempt to contact you will still count as proper notification of the changes. These Terms modifications will become effective either 30 calendar days after we email you the notification or 30 calendar days after we post the changes on our Website, whichever occurs first. For new users of our Website, these changes will be effective immediately. By continuing to use our Website after the notification, you acknowledge and agree to the revised Terms. Dispute Resolution Clause: Review the Arbitration Agreement carefully, as it forms part of your contract with the Company and affects your legal rights. It details mandatory binding arbitration and includes a clause waiving the right to participate in a class action.
Scope of the Arbitration Agreement: Any claims or disputes arising from these Terms or the use of any product or service provided by the Company that are not resolved amicably or in a small claims court must be settled through mandatory individual arbitration as outlined in this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement is binding on both you and the Company, as well as any related entities, affiliates, agents, employees, previous rights holders, successors, and any other parties, whether known or unknown, who use or benefit from the services or products under these Terms.
Duty to Notify and Attempt Informal Dispute Resolution. Prior to seeking arbitration, the involved party must first send a written notice to the other party, detailing the claim or dispute and the desired resolution. For notices to the Company, the address is Safi, Morocco. After receiving the notice, both you and the Company should attempt to resolve the issue outside of court. If the dispute or claim is not settled within thirty (30) days of receiving the notice, either party may then proceed with arbitration. It's important that any settlement amounts proposed by either party are not disclosed to the arbitrator until they have determined the final award each party deserves.
Arbitration Rules. Any disputes will be settled through the American Arbitration Association, a well-known alternative dispute resolution organization. If this association is unavailable, both parties must jointly select another dispute resolution service. The procedures of the chosen service will guide the arbitration process, unless they conflict with these Terms. Details on the American Arbitration Association Consumer Arbitration Rules can be found at adr.org or by calling 1-800-778-7879. A neutral arbitrator will oversee the arbitration. Disputes involving less than $10,000 can be resolved through binding arbitration without an in-person hearing if requested by the party seeking resolution. For disputes over $10,000, a hearing will be provided as per Arbitration Rules. If a hearing is needed, it will be held within 100 miles of your residence, or another agreed-upon location if you live outside the U.S. The arbitrator will notify you of the time and place for any oral hearings if you are outside the United States. Courts with proper jurisdiction can enforce the arbitrator’s final decision. If the arbitrator awards you more than the company's last settlement offer before arbitration, the company will pay you the higher of either the awarded amount or $2,500. Each party bears their own arbitration costs and expenses, but the arbitration provider's fees and expenses must be split equally.
Additional Rules for Non-In-Person Arbitration: When opting for arbitration without a physical presence, it will be conducted via phone, online platforms, or solely through written exchanges; the initiating party will determine the specific format. Neither the parties nor the witnesses are mandated to be physically present during the arbitration unless both parties mutually agree otherwise.
Initiating Arbitration Deadline: If either you or the Company opt for arbitration, the process has to be started within the legally permitted period and must also adhere to any deadlines outlined in the AAA Rules that pertain to the specific claim.
Arbitrator's Authority: If arbitration begins, the assigned arbitrator will decide the legal rights and responsibilities of both you and the Company. The matter will be dealt with independently and will not be combined with other issues or cases. The arbitrator has the power to resolve certain claims either fully or partially through dispositive motions. Additionally, they can enforce financial penalties and grant any form of non-financial relief or resolution that an individual is legally entitled to according to the law, the American Arbitration Association (AAA) rules, and the agreement terms. The arbitrator will provide a written statement detailing the key findings and rationale behind their decision. This authority allows the arbitrator to offer relief in a way comparable to a court judge. The arbitrator's conclusion is final and binding on both you and the Company.
Jury Trial Waiver: BOTH PARTIES FREELY WAIVE THEIR LEGAL RIGHTS TO PURSUE LITIGATION IN COURT AND TO HAVE A MATTER DECIDED BY A JUDGE OR JURY. Instead, they choose to resolve all claims and disputes through arbitration as outlined in this Arbitration Agreement. Arbitration is generally a more efficient, streamlined, and cost-effective way of resolving issues compared to traditional court proceedings, and the ability of a court to review arbitration decisions is very limited. If any legal action arises between you and the Company in state or federal court, whether it's to enforce or challenge an arbitration decision or for any other purpose, BOTH YOU AND THE COMPANY AGREE TO GIVE UP THE RIGHT TO A JURY TRIAL, opting instead to have the issue resolved by a judge.
Class Action and Consolidated Claims Waiver. Any claim or dispute covered by this arbitration agreement must be settled through either arbitration or individual legal action. Collective lawsuits are prohibited; therefore, multiple customers or users are not permitted to merge their arbitration or legal cases, nor can they combine their cases with those of other customers or users.
Confidentiality. The arbitration process must remain entirely confidential. All parties involved agree to maintain this confidentiality, except when disclosure is required by law. However, this does not limit a party's right to present information to a court of law if necessary to enforce this Agreement, implement an arbitration decision, or seek protective or equitable legal remedies.
Severability Clause: If a competent court finds any part of this Arbitration Agreement to be legally unenforceable or invalid, those specific sections will be considered null and void. These sections will be removed from the Agreement, but the remaining provisions will continue to be fully effective and enforceable.
Waiver of Rights: The party facing a claim may choose to ignore any of the rights and limitations specified in this Arbitration Agreement. Deciding to waive these rights will not affect the other terms of the Arbitration Agreement.
Ongoing Validity of Arbitration Agreement: This Arbitration Agreement will continue to be effective even after your relationship with the Company has concluded.
Even with the aforementioned conditions, you or the Company retains the right to file a personal lawsuit in small claims court.
Despite any previous agreements, both parties have the right to seek immediate legal intervention from a state or federal court in order to maintain the current situation until arbitration occurs. Requesting such temporary measures should not be viewed as giving up any other rights or obligations specified in this Arbitration Agreement.
Exceptions to the Arbitration Agreement: Notwithstanding the preceding statements, this arbitration agreement does not apply to claims of defamation, violations of the Computer Fraud and Abuse Act, or any issues related to the infringement or theft of the other party's patents, copyrights, trademarks, or trade secrets.
If the aforementioned arbitration agreement permits court proceedings, the parties involved agree to recognize the jurisdiction of the courts located in Netherlands County, California, for such cases.
The website may be subject to U.S. export control laws and could also be regulated by export or import laws of other countries. You agree not to directly or indirectly export, re-export, or transfer any technical data you have received from the Company from the United States, or any products containing such data, in a way that violates U.S. export laws or regulations.
You can locate the business at the address mentioned in Section 10.8. California residents can also address their complaints to the Complaint Assistance Unit of the Consumer Product Division, part of the California Department of Consumer Affairs. They can file their grievances in writing by mailing them to 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.
Communication Through Digital Means: All your interactions with the Company, whether through the website or email, as well as any notifications the Company distributes via the website or email, are conducted digitally. Legally, this means you (a) consent to receive communications from the Company electronically; and (b) recognize that any electronic data, agreements, updates, disclosures, and other messages sent by the Company meet legal requirements just as well as they would if they were provided in paper form.
Complete Agreement. The terms described here constitute the entire agreement between you and us regarding your use of the website. Our failure to act on or enforce any right or provision in these terms does not mean we are waiving such rights or provisions. The headings in these terms are for organizational purposes only and do not have any legal or contractual weight. When we say "including," it means "including but not limited to." If any part of these terms is found to be invalid or unenforceable, the remainder will still apply, and the invalid provision will be modified to make it enforceable to the fullest extent permitted by law. Your relationship with the Company is that of an independent entity; neither party is an agent or partner of the other. You cannot assign, outsource, delegate, or transfer your rights or obligations under these terms without the Company's express written consent; any attempt to do so without consent is invalid. The Company may transfer these terms. All obligations under these terms are binding on any assignees.
Your Privacy. We recommend that you read through our Privacy Policy.
Details on Copyright and Trademarks: All rights reserved under © copyright. The trademarks, logos, and service symbols displayed on this website are owned either by us or by third parties. You are not allowed to use these marks without explicit written permission from us or the respective third-party owners.