The Modding Community (the "Service") is an online service provided by The Modding Community, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. The Modding Community MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SERVICE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Use of the Service:
You understand that, except for information, products or services clearly identified as being supplied by The Modding Community, The Modding Community does not operate, control or endorse any information, products or services on the Internet in any way. Except for The Modding Community identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties, that are not affiliated with The Modding Community.
You understand and agree that any liability, loss or damage that occurs as a result of the User Generated Content that you access or post is solely your responsibility. We are not responsible for any public display or misuse of the User Generated Content. As we may use User Generated Content you submit for our advertising purposes including reposting to any of the Services, we suggest you refrain from sharing any personal information or anything you would not want others to know. Please note that we do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor, and/or record your interactions with the Services or with other users of the Services. You hereby agree that we have the right to determine, at our sole discretion, whether the User Content you submit are appropriate and comply with these terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Opinions, advice, statements, feedback, comments or other information or content made available as part of the User Generated Content posted on any of the Services are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such User Generated Content.
We do not guarantee the accuracy, completeness, timeliness, and/or usefulness of any information included in the User Generated Content posted on the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, statement, feedback, or comment made by other parties. We take no responsibility and assume no liability for any User Generated Content that you or any other user or third party posts or sends via the Services. Under no circumstances will Company be responsible or liable for any loss or damage resulting from anyone’s reliance on information included in any User Content or other components of the User Content posted on the Sites, or transmitted to users.
Though we strive to enforce these terms, you may be exposed to User Generated Content that is inaccurate, misleading, or objectionable when you use or access the Service. We have no obligation to, monitor any User Generated Content posted on the Service and/or to limit or deny a user’s access to the Services or take other appropriate action if a user violates these terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. However, The Modding Community shall have the right to remove any User Content that in its sole opinion violates, or is alleged to violate, the law or these terms or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the applicable federal, state, and local law.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. The Modding Community PROVIDES THE SERVICE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND The Modding Community SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Modding Community DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
2. Limitation of Liability:
IN NO EVENT WILL The Modding Community BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF The Modding Community OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Modding Community LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Modding Community makes no representations whatsoever about any other web site which you may access through this one or which may link to this Service. When you access a non-The Modding Community web site (a web site Uniform Resource Locator other than moddingcommunity.com), please understand that it is independent from The Modding Community, and that The Modding Community has no expressed control over the content on that web site. In addition, a link to a The Modding Community web site does not mean that The Modding Community endorses or accepts any responsibility for the content, or the use, of such web site.
You expressly understand and agree that The Modding Community and its subsidiaries, affiliates, officers, Employees, agents, partners and licensors shall not be liable to you for any direct, indirect, Incidental, special, consequential or exemplary damages, including, but not limited to, damages For loss of profits, goodwill, use, data or other intangible losses (even if The Modding Community has been Advised of the possibility of such damages), resulting from: (I) the use or the inability to use The service; (II) the cost of procurement of substitute goods and services resulting from any Goods, data, information or services purchased or obtained or messages received or transactions Entered into through or from the service; (III) unauthorized access to or alteration of your Transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any Other matter relating to the service.
You agree to indemnify, defend and hold harmless The Modding Community, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights:
The provisions of paragraphs 1 (Use of the Service), 2 (Limitation of Liability), 3 (Indemnification) are for the benefit of The Modding Community and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination:
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Use of the Service), 2 (Limitation of Liability), 3 (Indemnification), 4 (Third Party Rights), and 6 (Governing Law and Jurisdiction) shall survive any termination of this Agreement.
6. Governing Law and Jurisdiction:
(a) THIS AGREEMENT IS GOVERNED BY AND IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS RULES. ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR CLAIM OF BREACH HEREOF SHALL BE BROUGHT EXCLUSIVELY IN FEDERAL COURT IN THE STATE OF TEXAS. BY EXECUTION OF THE AGREEMENT, THE PARTIES HERETO, AND THEIR RESPECTIVE AFFILIATES, CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT, AND WAIVE ANY RIGHT TO CHALLENGE JURISDICTION OR VENUE IN SUCH COURT WITH REGARD TO ANY SUIT, ACTION, OR PROCEEDING UNDER OR IN CONNECTION WITH THE AGREEMENT. EACH PARTY TO THIS AGREEMENT ALSO HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY SUIT, ACTION, OR PROCEEDING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
(b) Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Modding Community failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Modding Community may assign its rights and duties under this Agreement to any party at any time without notice to you.
Except as expressly set forth in this Agreement, all payments to The Modding Community are non-refundable.
8. Chargeback Policy:
If we receive, for any reason, a dispute, claim, and/or chargeback from your credit card issuer or any other payment method you use, you acknowledge that we have the right to ban your account from accessing or interacting with The Modding Community services.
9. No Third-Party Beneficiary Rights:
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.
The Modding Community may provide you with notices, including those regarding changes to the Terms of Service by email or postings on the Service.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) Your use of the service is at your sole risk. The service is provided on an "As is" and "As Available" basis. The Modding Community and its subsidiaries, affiliates, officers, employees, agents, Partners and licensors expressly disclaim all warranties of any kind, whether express or Implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) The Modding Community and its subsidiaries, affiliates, officers, employees, agents, partners and Licensors make no warranty that (i) the service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be Obtained from the use of the service will be accurate or reliable; (iv) the quality of any Products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is accessed at Your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from The Modding Community or through or from the service shall create any warranty not expressly stated in the Terms of Service.
(e) A small percentage of users may experience epileptic seizures when exposed to certain light Patterns or backgrounds on a computer screen or while using the service. Certain conditions May induce previously undetected epileptic symptoms even in users who have no history of Prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, Consult your physician prior to using the service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while Using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, Disorientation, any involuntary movement, or convulsions.
12. General Information:
(a) Entire Agreement:
The Terms of Service constitutes the entire agreement between you and The Modding Community and governs your use of the Service, superseding any prior agreements between you and The Modding Community with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other The Modding Community services, affiliate services, third-party content or third-party software.
(b) Waiver and Severability of Terms
The failure of The Modding Community to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesÂ’ intentions as reflected in the provision, and the ot her provisions of the Terms of Service remain in full force and effect.
(c) No Right of Survivorship and Non-Transferability
You agree that your The Modding Community account is non-transferable and any rights to your The Modding Community account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
(d) Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
(f) Governing Law and Disputes
This agreement shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Texas, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.