These Terms and Conditions ("Terms") are entered into between you and Mod Studio Inc., a British Columbia corporation, (“Mod Studio”, "us", "we" or "our") and governs the modd.io website, as well as other websites and games on which it is placed (the "Service"). Please read these Terms carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you do not agree to these Terms, in whole or in part, you cannot use the Service.
In order to use the Service you must be at least 18 years old. By agreeing to the Terms you represent and warrant that you meet the minimum age to use the Service.
Except as otherwise provided in the Terms, Mod Studio grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, non-commercial, limited subscription to use the Service. You agree that no title or ownership interest in the Service is transferred or assigned to you and that these terms are not a sale of any right to the Service.
You agree to not use the Service to engage in conduct that we determine to be: (a) abusive, defamatory, sexual, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of us another; or (d) offensive or otherwise unacceptable to us in our sole discretion.
You agree that you will not: (a) decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code; (b) exploit a flaw or bug or cheat; (c) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Service or the computers of other users; (d) except as expressly permitted, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute, sell, lease or remove/alter advertising in the Services; (e) advertise on the Services; (f) disrupt the Services or experience of another user; or (g) collect or attempt to obtain other users’ data.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
SOME PARTS OF THE SERVICE ARE BILLED ON A SUBSCRIPTION BASIS ("SUBSCRIPTION(S)"). YOU WILL BE BILLED IN ADVANCE ON A RECURRING AND PERIODIC BASIS ("BILLING CYCLE"). BILLING CYCLES ARE SET EITHER ON A MONTHLY OR ANNUAL BASIS, DEPENDING ON THE TYPE OF SUBSCRIPTION PLAN YOU SELECT WHEN PURCHASING A SUBSCRIPTION.
AT THE END OF EACH BILLING CYCLE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE EXACT SAME CONDITIONS UNLESS YOU CANCEL IT OR MOD STUDIO CANCELS IT. YOU MAY CANCEL YOUR SUBSCRIPTION RENEWAL EITHER THROUGH YOUR ONLINE ACCOUNT MANAGEMENT PAGE OR BY CONTACTING THE MOD STUDIO CUSTOMER SUPPORT TEAM.
Mod Studio, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Mod Studio will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Service may include digital items, such as digital currency (“Coins”) or power-ups, (collectively, “Digital Items”), which may be purchased from us for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Service for which such Digital Items were acquired. Any Digital Items purchase is final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by us in our sole discretion. All Digital Items remain our property. Digital Items cannot be resold online or in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items will result in our termination of your access to the Service and termination of all accounts related to the resale or attempted resale, as well as the voiding of related Digital Items. If we terminate your account and/or access to the Service or cease to offer the Service you agree that you forfeit all Digital Items associated with your account and use of the Service. Further, we may, in our sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, Coin redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Service, for which you will not be compensated under any circumstances regardless of whether or not you are able to access the Service. We are not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension of the Service, technical issues or as a result of a third party.
If you create Digital Items for sale through the Services, Mod Studio may permit you to set the price in Coins but will control all other aspects. Upon the sale of Digital Items you create, Mod Studio may award Coins to your account on the Service. Whether to award Coins is at the sole discretion of Mod Studio. Coins awarded to you are Digital Items governed by all terms set forth above.
Except when required by law, all fees, including but not limited to Subscription fees, and all other amounts paid concerning the Service are non-refundable.
The Service allows users to create, upload, post, link to, store, share and otherwise make available to other users all types of content including, but not limited to, video games created through the Service and content contained within such games (each a “Mod Game”), Digital Items, computer code, derivative works, characters and character names, text, data, logos, graphics, sounds, videos and other content ("User Content"). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Mod Studio a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party.
Mod Games you create may be set as public or private. If a Mod Game is set as public, all User Content contained within such Mod Game is visible to the public and can be copied and otherwise used by other users. If you set a Mod Game as public, you grant each user of the Service a non-exclusive, non-commercial, fully-paid, royalty-free worldwide license to use, display, perform, reproduce and make derivative works of User Content contained in the Mod Game but only within the Service (for example, allowing another user to add such User Content to their own Mod Game). The foregoing license does not permit users to copy and use licensed User Content outside of the Service or for commercial purposes. If you set a Mod Game as private, other users of the Service cannot see User Content contained within the Mod Game but such User Content is visible and licensed to Mod Studio as set forth above.
You acknowledge that we are merely acting as a passive conduit for the creation and distribution of User Content and are not undertaking any obligation or liability relating to any contents or activities on the Service or User Content. We reserve the right to review, modify, delete or block access to User Content without attribution, notice or liability to you.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You have no ownership interest in your account and associated data and all rights in and to your account are our exclusive property. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree to be bound by any use of your Account, including Purchases, whether or not you authorized use of your Login Information. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to Mod Game templates, text, images, graphics and code are the property of Mod Studio and are protected by copyright, trademark, database and other intellectual property rights. These Terms do not grant you a license to use any trademark of Mod Studio or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Mod Studio will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). You must provide the following information in writing in your DMCA notice:
Mod Studio may provide you notice if your User Content was removed as a result of us receiving a DMCA notice from a copyright owner. If you receive notice from Mod Studio you may provide a counter-notification in writing to our designated DMCA agent through the means provided below.
DMCA notices can be sent to Mod Studio by emailing [email protected] or by mail: ATTN: Copyright Compliance Department Mod Studio Inc. C/O Voyer Law 850-1095 West Pender Street Vancouver, BC V6E 2M6 CANADA
The Service may contain links to third-party web sites or services that are not owned or controlled by Mod Studio, which it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mod Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the Terms and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In order to provide exceptional service, and accuracy, we regularly update Service and its content. We cannot and do not guarantee the accuracy or completeness of any information, including prices, Digital Item images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the Digital Items or services available on our Service may have an error regarding the price, be inaccurately described or be unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.
You agree to indemnify, defend and hold harmless Mod Studio, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, losses, damages, obligations, costs, actions or demands arising from your access to, or use of, the Service. These include but are not limited to: (a) your breach of any of these Terms; (b) anything you post on or upload to the Service, such as User Content; (c) any activity related to your account; or (d) negligent or illegal conduct by you or any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
THE SERVICE IS PROVIDED “AS IS” AND MOD STUDIO DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, MOD STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, MOD STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, IS APPROPRIATE FOR YOUR NEEDS OR THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES, ERROR FREE OR WILL NOT HARM YOUR DEVICE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD US FROM LIABILITY, YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID NOTHING TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.