Terms of use
Terms of use
The website in question is protected under copyright ownership by its creator. Some functions of the website might have extra instructions, conditions, or regulations that are specific to them, and these will be displayed on the website where those functions are found.
These Terms include by incorporation any extra terms, guidelines, and rules.
The Terms of Use outlined herein constitute the mandatory rules and provisions that control your utilization of the website. WHEN YOU SIGN IN TO THE WEBSITE, YOU ARE AGREEING TO ABIDE BY THESE TERMS, and you affirm that you possess the necessary legal power and capability to agree to these Terms. YOU MUST BE A MINIMUM OF 18 YEARS OLD TO VISIT THE WEBSITE. SHOULD YOU REJECT ANY PART OF THESE TERMS, REFRAIN FROM SIGNING IN TO OR UTILIZING THE WEBSITE.
Access to the Site
In accordance with these Terms, the Company provides you with a limited, non-exclusive, revocable, and non-transferable license to enter and use the Site purely for your personal, non-business activities.
There are certain limitations on the permissions granted to you under these Terms. Specifically, the following activities are prohibited: (a) you may not sell, lease, or sublet the Site, nor may you transfer, assign, or distribute it, or use it for any business purposes; (b) you are not permitted to modify, create adaptations of, decompile, reverse assemble, or reverse engineer any portion of the Site; (c) you may not use the Site as a basis to create another site that is similar to or competes with it; and (d) it is forbidden to duplicate, duplicate, display, publish, download, exhibit, or broadcast any part of the Site in any manner, except as directly allowed in this document. Furthermore, any future updates, upgrades, or additions to the Site's features must adhere to these Terms. You must also ensure that all copyright and other legal notices on the Site are kept intact on all reproductions.
The Company maintains the authority to alter, halt, or discontinue the Site and may do so with or without notifying you. You acknowledge that the Company shall not be accountable to you or any third party for any modifications, disruptions, or cessation of the Site or any portion of it.
Lack of Assistance or Upkeep. You acknowledge that the Company is under no duty to offer any help regarding the Site.
You acknowledge that, aside from any content you contribute, all the intellectual property such as copyrights, patents, trademarks, and trade secrets associated with the Site and its contents belong to the Company or the providers affiliated with the Company. It's important to understand that these Terms and your use of the Site do not confer upon you any ownership or rights in the intellectual property, except for the restricted usage rights mentioned in Section 2.1. The Company and its providers retain any rights that are not explicitly given to you in these Terms.
User Content
The term "User Content" refers to a variety of information and materials that a user might upload or submit to the website. It is your sole responsibility to manage and assume all risks related to the user content you provide. You confirm that your user content complies with our Acceptable Use Policy. You must not suggest or claim to others that your user content is officially supported or endorsed by our company. Since you are the sole person accountable for your user content, you could be legally liable for it. The company is not required to save a backup of any user content you publish and reserves the right to remove your content at any time without notifying you beforehand. If you want to retain your user content, you should make independent backup copies of it.
By agreeing to these terms, you give the Company a perpetual, non-exclusive, free of charge, and wholly compensated global permission to use, copy, share, exhibit, and perform your User Content publicly, as well as to create adaptations, merge it into other projects, and utilize it in various ways. Additionally, the Company has the right to allow others to exercise these rights. This is strictly for the purpose of integrating your User Content into the Site. You also permanently relinquish any legal rights or claims of artistic credit connected to your User Content.
Acceptable Use Policy Summary Our Acceptable Use Policy outlines the following conditions: You are required to refrain from using the website to gather, upload, share, exhibit, or circulate any content provided by users which (i) breaches the rights of others or any laws concerning intellectual property or ownership; (ii) is illegal, harassing, abusive, harmful, intrusive of someone else's privacy, vulgar, slanderous, deceitful, deliberately misleading, liable to trade disparagement, explicit, indecent, overtly offensive, or encourages prejudice, animosity, or violence against any individual or group; (iii) is detrimental to young individuals in any manner; or (iv) goes against any legal act, regulation, or any third-party's terms or limitations.
Moreover, you consent to refrain from the following actions: (i) uploading, sending, or spreading any software via the Site that is designed to harm or alter computer systems or data; (ii) dispatching unsolicited or unapproved advertisements, promotional content, spam, chain letters, pyramid schemes, or any similar repetitive or unwelcome communications through the Site; (iii) utilizing the Site to unlawfully collect or compile information or data about other users without their permission; (iv) causing disturbances or excessive strain on servers or networks linked to the Site, or breaching the rules, policies, or procedures of these networks; (v) trying to gain unauthorized entry to the Site by any means, such as password mining; (vi) disturbing or impeding any other user's enjoyment of the Site; or (vii) employing software or automated tools to create multiple accounts on the Site, or to execute automated searches, requests, or queries to the Site.
We hold the authority to scrutinize User Content and act solely based on our discretion if you breach the Acceptable Use Policy, any terms of this agreement, or cause potential legal issues for us or others. Our responses could range from editing or deleting your User Content to canceling your account as outlined in Section 8, and even referring your case to the police if necessary.
By offering any ideas or feedback about the Site to the Company, you automatically transfer all ownership of that feedback to the Company. You acknowledge that the Company is free to use, utilize, and benefit from such feedback and associated data in any way it sees fit. Additionally, you understand that any feedback given to the Company will be considered not secret and not exclusively owned.
You agree to protect and keep the Company and its executives, employees, and agents free from any responsibility, including costs and legal fees, from any complaints or demands from a third party that come as a result of (a) your activities on the Site, (b) your breach of these Terms, (c) your infringement of any laws or regulations, or (d) the content you have provided. The Company has the authority to exclusively undertake the defense and management of any issue that you are required to defend us against, and you must aid us in our defense of these accusations. You agree not to resolve any issue without the Company's prior written approval. The Company will make an effort to inform you promptly of any such claim, lawsuit, or legal proceeding once it is known.
Third-Party Links & Ads; Other Users
Links to External Sites and Advertisements. This website may feature links to external websites and services, as well as advertisements from third parties. These external links and advertisements are beyond the control of our Company, and we do not take responsibility for them. Our Company only offers these links and advertisements for your convenience, without conducting reviews, giving approval, performing oversight, offering endorsements, guarantees, or representations regarding them. You bear the risk when you use these links and advertisements, and you're advised to proceed with care and judgment. By clicking on any of these external links and ads, you will be subject to the respective third party's rules and privacy practices.
User Responsibility for Content. Each individual who uses the Site must take full responsibility for their own content contributions. We do not oversee the content provided by site users; therefore, you recognize and accept that we are not liable for any content posted, whether by you or other users. You consent that the Company bears no responsibility for any losses or damages resulting from such content interactions. Should a disagreement arise between you and another user of the Site, we are not required to intervene.
By agreeing to this statement, you are giving up all rights to bring any claims or legal actions against the Company, along with its officers, employees, agents, successors, and anyone else associated, for any issues, liabilities, or disagreements, past, present, or future, that in any way pertain to the use of the Site. Should you be residing in California, you are also specifically forfeiting your rights under California Civil Code Section 1542, which would otherwise allow you to claim unknown potential benefits at the time of release that could have significantly influenced your decision to settle.
Cookies and Tracking Pixels. MODS, similar to other websites, employs the use of 'cookies'. These cookies are responsible for gathering data regarding the preferences of users and the specific website pages that they have interacted with or viewed. This data is leveraged to enhance the user experience by tailoring the content on our website to align with the type of browser the visitor is using, as well as other related information.
Google DART Cookies by DoubleClick. Google serves as a third-party supplier for our website and utilizes cookies, specifically called DART cookies, to display advertisements to visitors of our site tailored to their previous visits to www.website.com and various other web locations. Nonetheless, visitors have the option to opt out of DART cookies by consulting the privacy policy for Google's advertising and content network at the given URL – https://policies.google.com/technologies/ads
Our promotional associates. Various advertisers on our website might deploy cookies and web beacons. Below, we have provided a list of our advertising collaborators. Every one of these partners maintains their own Privacy Policy that outlines their practices regarding the collection of user data. To simplify, we've included direct links to their respective Privacy Policies below.
https://policies.google.com/technologies/ads
Disclaimers
The website is offered just as it is and its availability is not guaranteed. Both the company and its suppliers clearly reject all kinds of warranties and conditions, whether they are overt, implied, legally established, or otherwise. This includes warranties or conditions about the product's merchantability, suitability for a particular use, ownership, peaceful enjoyment, correctness, or freedom from intellectual property infringement. Neither we nor our suppliers promise that the website will fulfill your expectations, function without interruptions, be timely, secure, error-free, correct, trustworthy, devoid of viruses or other dangerous elements, comprehensive, lawful, or secure. Should the law mandate any warranties concerning the site, such warranties are confined to a maximum of ninety (90) days starting from the initial date of use.
Certain legal areas do not permit the denial of tacit guarantees, therefore the aforementioned exclusion might not be relevant for you. Additionally, in some legal jurisdictions, restrictions on the duration of a tacit warranty are not permissible, meaning the mentioned limitation may also be inapplicable to you.
Limitation on Liability
Under the fullest extent allowed by law, neither the company nor its suppliers will be responsible for any loss of profit, lost data, costs to acquire replacement goods, or any sort of indirect, consequential, exemplary, incidental, special, or punitive damages that come about due to these terms or your engagement with, or inability to engage with, the site, even if the company was made aware of the potential for such damages. You choose to access and use the site at your own risk, and you alone will bear the burden for any harm that may befall your device or computer system, or any data loss that might result from your use of the site.
In accordance with the law's allowances, despite any different stipulations in this document, our responsibility for any harm that comes from or is connected to this contract is always capped at $50 USD. Having multiple claims will not increase this cap. You acknowledge that our providers will bear no responsibility whatsoever related to this contract.
Certain areas do not permit the restriction or elimination of responsibility for unexpected or secondary harm, therefore the aforementioned restriction or exclusion might not be applicable to your situation.
Duration and Cancellation. These Terms will continue to be effective and binding while you utilize the Site, according to this clause. At our absolute discretion, we may at any time suspend or discontinue your right to access the Site for any justification, including if you breach these Terms. If your rights under these Terms are revoked, your Account and the ability to access and use the Site will cease right away. You acknowledge that canceling your Account may result in the removal of any User Content linked to your Account from our active databases. In the event of a termination of your rights under these Terms, the Company will bear no responsibility towards you whatsoever. The provisions of these Terms which shall persist even after termination of your rights are Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy.
Our company takes the protection of intellectual property rights seriously and expects our website users to do the same. We have established a policy in accordance with copyright law for our website that allows for the deletion of any content that infringes on these rights, as well as the termination of repeat offenders who use our online platform. If you suspect that a user of our website is illegally violating copyright(s) in any work, and you want us to take down the material in question, you will need to send a formal written notice (according to the stipulations of 17 U.S.C. § 512(c)) to our specifically appointed Copyright Agent.
your physical or electronic signature;
A statement specifying the copyrighted material that you allege has been infringed upon.
Recognition of the content within our services that you allege is violating rights and which you ask us to delete.
Adequate details to allow us to find the specified content;
Your place of residence, contact number, and email details.
A declaration of your sincere conviction that the use of the disputed content is not permitted by the copyright holder, their representative, or by legal statutes; and
A declaration confirming that the details provided in the notification are correct, and with the understanding that providing false information could lead to perjury charges, asserting that you are the legitimate copyright holder whose rights have reportedly been violated, or that you have been granted the power to represent the copyright owner's interests.
Be aware that, in accordance with 17 U.S. Code § 512(f), if a person makes a false claim about a material fact in a formal complaint, that individual is responsible for any resulting damages, expenses, and legal fees that we incur due to the false accusation of copyright violation.
General
We may update these Terms from time to time, and if there are any significant changes, we will inform you by sending an email to the most recent email address you've given us and/or by clearly announcing the changes on our Website. It is your duty to keep us updated with your latest email address. If the most recent email address you provided is no longer valid, our attempt to email you will still be considered proper notification of the changes. Any modifications to these Terms will take effect either 30 calendar days after we send you an email notification or 30 calendar days after we post the changes on our Website, whichever comes first. For new users of our Website, these changes will be immediate. By continuing to use our Website after being notified of such changes, you acknowledge the changes and agree to abide by the new Terms. Dispute Resolution Clause: Please read the Arbitration Agreement attentively, as it is a component of your contract with the Company and impacts your legal rights. It outlines obligatory binding arbitration and includes a clause that waives the right to participate in a class action.
Scope of the Arbitration Agreement: Any claims or disputes arising from these Terms or the utilization of any product or service offered by the Company that are not settled amicably or in a small claims tribunal are subject to resolution through mandatory individual arbitration according to the guidelines of this Arbitration Agreement. Unless another arrangement is made, all arbitration hearings will take place in English. This Arbitration Agreement is binding on both you and the Company, along with any related entities, affiliates, agents, staff, previous rights holders, successors, and any other parties, whether acknowledged or not, who use or receive the benefits of the services or goods under these Terms.
Obligation to Notify and Attempt Unofficial Dispute Settlement. Before pursuing arbitration, it is required that the concerned party first issues a written notification to the other party, outlining the claim or disagreement and the remedy sought. For notifications directed at the Company, the address is in Safi, Morocco. Upon receipt of the notification, both you and the Company have the opportunity to try to settle the matter out of court. If the dispute or claim remains unresolved within a thirty (30) day period following the receipt of the notification, either party is then entitled to initiate arbitration proceedings. It should be noted that any proposed settlement amount by either party should not be revealed to the arbitrator until they have made a final decision regarding the award each party is entitled to.
Arbitration Guidelines. Disputes are to be resolved through the American Arbitration Association, a recognized provider of alternative dispute resolution services, including arbitration as detailed in this section. In the event the American Arbitration Association is unavailable, both parties must mutually choose another alternative dispute resolution service. The procedures of that service will dictate the arbitration process, except where they clash with these Terms. Details of the American Arbitration Association Consumer Arbitration Rules for arbitration can be found at adr.org or by contacting the association at 1-800-778-7879. The arbitration will be overseen by one impartial arbitrator. Claims or conflicts involving less than $10,000 may be settled by binding arbitration without the need for an in-person hearing, if chosen by the party seeking resolution. Claims or disputes exceeding $10,000 will have the opportunity for a hearing as specified by Arbitration Rules. Should a hearing be necessary, it will take place within 100 miles of your home, or elsewhere if you live outside the United States and the parties consent to an alternative location. For those living outside the U.S., the arbitrator will provide appropriate notice of any oral hearings' time and place. Courts with appropriate jurisdiction can enforce the arbitrator's final decision. Should the arbitrator award you a sum higher than the company's final settlement offer before arbitration began, the company will pay you either the awarded amount or $2,500, whichever is greater. Each party is responsible for its own arbitration costs and expenses but must split the arbitration provider's fees and expenses equally.
Extra Guidelines for Arbitration Without In-Person Attendance. When choosing arbitration without in-person attendance, it will take place over the phone, online, or entirely through written communications; the initiating party will decide the exact method. There will be no requirement for the parties or witnesses to appear in person during the arbitration process, unless the parties have made a mutual agreement to do so.
Deadline for Initiating Arbitration. Should you or the Company decide to seek arbitration, the process must begin within the time frame allowed by law as well as within any time constraints specified in the AAA Rules relevant to the particular claim.
Power of the Arbitrator: Should arbitration commence, the appointed arbitrator will determine the legal standings and obligations of both you and the Company. The case will be kept separate from other issues and will not be merged with other cases or parties. The arbitrator is empowered to resolve certain claims completely or partially through dispositive motions. They can also impose financial penalties and provide any form of non-financial resolution or relief that an individual could be entitled to under the law, the rules set by the American Arbitration Association (AAA), and the agreement terms. A written declaration will be issued by the arbitrator outlining the critical findings and reasons that support their decision. This authority enables the arbitrator to offer relief to individuals in a manner similar to a court judge. Whatever conclusion the arbitrator reaches is definitive and has a binding effect on both you and the Company.
Jury Trial Renunciation. THE PARTIES VOLUNTARILY RELINQUISH THEIR LEGAL AND ENACTED RIGHTS TO SEEK REDRESS IN COURT AND EXPERIENCE A JUDGE OR JURY TRIAL. Rather, they opt for arbitration under this Arbitration Agreement to settle all claims and debates. Arbitration is often a more streamlined, effective, and cost-effective process compared to traditional court procedures, and a court's ability to review arbitration outcomes is highly restricted. If any legal action arises between you and the Company in state or federal court, whether it's to challenge or uphold an arbitration ruling or for any other reason, BOTH YOU AND THE COMPANY FORGO THE RIGHT TO A JURY TRIAL, preferring instead to have the matter decided by a judge.
Class Action and Consolidated Claims Waiver. Every claim or disagreement that falls under this arbitration agreement must be resolved through arbitration or individual legal action. Group lawsuits are not allowed; thus, multiple customers or users cannot combine their arbitration or legal cases, nor can they join their cases with those of different customers or users.
Secrecy. The entirety of the arbitration process must be kept in absolute confidence. The involved parties commit to upholding this secrecy, except when disclosure is mandated by legal provisions. Nevertheless, this section does not restrict a party's right to present to a legal court any details required to uphold this Agreement, to execute an arbitration decision, or to request preventative or fair legal remedies.
Severability Clause: Should a competent court determine that any section or sections of this Arbitration Agreement are legally unenforceable or invalid, those particular section(s) will be rendered void and without impact. This will result in their removal from the Agreement, whereas the rest of the Agreement will remain effective and enforceable in its entirety.
Waiver of Rights. The party against whom a claim is directed has the option to disregard any of the rights and restrictions outlined in this Arbitration Agreement. Opting to do so will not impact the remaining provisions of the Arbitration Agreement.
Continuity of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after your association with the Company has ended.
Despite the above conditions, either you or the Company has the right to initiate a personal lawsuit in a small claims court.
Regardless of the prior stipulations, both parties retain the right to request immediate legal intervention from a state or federal court to preserve the current conditions until an arbitration can take place. Applying for such temporary protections should not be considered as relinquishing any other rights or responsibilities defined by this Arbitration Agreement.
Exemptions to the Arbitration Agreement. Despite what has been previously stated, any allegations of slander, breach of the Computer Fraud and Abuse Act, or infringement or theft of the opposing party's patent, copyright, trademark, or trade secrets are not covered by this agreement to arbitrate.
In situations where the above-mentioned arbitration agreement allows for court proceedings, the parties involved concur to accept the authority of the courts situated in Netherlands County, California, for these matters.
The website might fall under the jurisdiction of United States export control legislation and could also be governed by export or import rules in other nations. You consent to not directly or indirectly send out, send out again, or convey any technical data from the United States that you've obtained from the Company, nor any products that incorporate such data, in a manner that breaches the export laws or regulations of the United States.
The business can be found at the location specified in Section 10.8. Residents of California have the option to voice their grievances to the Complaint Assistance Unit of the Consumer Product Division within the California Department of Consumer Affairs. Complaints can be submitted in writing to their office at 400 R Street, Sacramento, CA 95814, or through a phone call to (800) 952-5210.
Digital Correspondence: Your interactions with the Company, including any engagement with the website or email exchanges, as well as any announcements the Company may make on the website or through email, occur through digital means. From a legal standpoint, you are (a) agreeing to accept communications from the Company in an electronic format; and (b) acknowledging that any electronic information, contracts, updates, revelations, and additional messages that the Company sends you fulfill any legal requirements just as effectively as if they were provided in physical written form.
Full Agreement. The terms outlined here represent the comprehensive agreement between you and us concerning your usage of the website. Our failure to act on or enforce any rights or clauses within these terms does not imply a waiver of such rights or clauses. The headings within these terms are meant purely for organizational purposes and hold no legal or contractual significance. When we use "including," we mean "including, but not limited to." Should any part of these terms be found invalid or unenforceable, the remaining terms shall remain unaffected, and the problematic clause will be amended to ensure it is valid and enforceable to the greatest extent allowed by law. Your interaction with the Company is as an independent entity; neither of us acts as the other's agent or partner. You may not transfer, outsource, delegate, or relinquish your rights or duties under these terms without the Company’s explicit written permission, and any attempt to do so without such permission will be considered void. The Company has the liberty to transfer these terms. The obligations specified within these terms are incumbent upon those to whom they are transferred.
Your Confidentiality. We encourage you to review our Privacy Policy.
Information on Copyright and Trademarks: Copyright ©. All rights are preserved. All of the trademarks, logos, and service symbols shown on this website belong to either us or other third-party owners. You must not utilize these Marks without obtaining express written authorization from us or from the third-party owner of these Marks.