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Terms and Conditions of Use

General

Introduction

These are the Terms and Conditions of Use for Mod N Mod. These Terms and Conditions govern your rights and obligations, and those of Mod N Mod in relation to the Services offered by Mod N Mod through our Web Site. Please take some time to read through these Terms and Conditions. By using the Web Site you accept and agree to be bound by these Terms and Conditions.

Definitions

For ease of reference, certain words used throughout these Terms and Conditions are given a specific meaning. These meanings are set out below:

"Mod N Mod" means the web site either owned or provided by Mod N Mod, Inc., including forums and hosted sites.
"Bots" means a software tool which enables cheating within a game
"Cookies" means a packet of information sent by an HTTP Server to a World Wide Web Browser and then sent back by the Browser each time it accesses that server.
"Open Mail Relay" relates to the laundering of massive amounts of mail relayed through a server
"Hosted Sites" means a web site having their primary web content physically located on a Mod N Mod server
"Services" means the services offered by Mod N Mod via the Web Sites
"User" means any party using the Web Sites
"Web Site" means Mod N Mod's web site hosted at http://www.modnmod.com or such other web site as Mod N Mod may use from time to time
"Administrator" means one of Mod N Mod's Administration staff

Changes to the Web Site and and Key Service Issues

Changes by Mod N Mod

The User acknowledges and accepts that Mod N Mod may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without proper notice to the User. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
Mod N Mod reserves the right to e-mail members at their Mod N Mod e-mail address regarding any key service issues and it will be presumed that such e-mails will have been read.
Mod N Mod may run automated searches for abuse of its Services and members are deemed to have accepted this limited intrusion to their networks or machines.

Privacy

You can read the Mod N Mod Privacy Policy here:

http://www.modnmod.com/privacy.php

User Conduct

The User warrants that in its use of the Web Site it shall:

- not act in any manner which negatively impacts on the equipment or network of Mod N Mod or is likely to lower Mod N Mod in the larger Internet community.
- use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party
- not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.
- not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethically or otherwise objectionable; and
- not assist in the sending of unsolicited e-mails or run an open mail relay of any kind.
- not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users' computer systems.
- be aware that in using Mod N Mod they may travel over other networks or be involved in the use of other services. Users must be aware that they will be bound by the Terms and Conditions imposed by the operators of these networks and services.

Conduct on the Mod N Mod Forums

1) All registered forum users must abide by the rules detailed at signup.
2) Spamming individual or multiple threads is prohibited.
3) Max. signature pic size 500x160. You are allowed five text lines (standard forum table width) with a signature.
4) The entirety of this 'Terms and Conditions of Use' applies to all registered forum users.

Downtime

Computer and Telecommunications Faults

The user acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading.

Accordingly Mod N Mod does not guarantee uninterrupted availability of the Web Sites, but it shall make reasonable effort to minimise any periods during which the Web Sites are not available. The User accepts that he or she shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Hypertext Links

The Using of Hypertext Links
The Web site and its Contents may at certain points incorporate links to the web sites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorisation by Mod N Mod to the User to access such third party web sites, nor an endorsement of the content of such third party web sites by Mod N Mod.

The User acknowledges and accepts that Mod N Mod is not and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.

Intellectual Property Rights

Copyright and other Intellectual Property Rights
The User acknowledges that, with the exception of hosted sites and forum post content, all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Web Sites and the Services shall belong to Mod N Mod and the User undertakes not to infringe any of the said rights. Other than to the extent required to access, update and view the Web Sites, no copying, distribution, modification of the Web Site or any Material is permitted. Resale or supply of any Material is expressly prohibited.

E-Mail, IRC and Message Boards

Users shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable materials or language. This includes (but is not limited to) text, graphics, video, programs or audio material or programes of any kind. Mod N Mod accepts no responsibility for the content of any postings by Users and retains the right to remove any posting which, in its opinion, is in breach of these Terms and Conditions.

Users shall not advertise any products, services or refer to specific web site addresses without obtaining consent of Mod N Mod.
Users will only post material which they own in copyright and must not infringe the rights of any third party including (but not limited to) copyright, trade mark, trade secret, privacy or publicity rights.
As a user, you will agree to indemnify Mod N Mod against any damages, loss, costs or expenses arising from any posted material, including but not limited to any claim by any third party that such use infringes its intellectual property rights.

Disclaimer

Exclusion of Liability of Mod N Mod

The user accepts and acknowledges that Mod N Mod, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damages, loss, costs or expenses arising directly or indirectly from the User's downloading of any of the contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.

Without prejudice to the foregoing generality, Mod N Mod hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos, and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third parties rights or any law, compatibility, security and accuracy.

Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of Mod N Mod, its directors, employees or agents.

Indemnity

Indemnity of Mod N Mod

The User shall indemnify Mod N Mod against any and all claims, actions, damages, liabilities, costs and expenses including reasonable lawyer’s fees and expenses arising out of:

- the User's breach or non-observation of any of the terms of this Agreement;
or
- any breach or inaccuracy in any of the User's representation or warranties.

Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario, Canada . Any disputes arising from here shall be exclusively subject to the jurisdiction of the courts in the province of Ontario, Canada.

Acceptance of Terms

In using any Mod N Mod service, whether anonymously or following registration for membership, the user agrees to be bound by these Terms and Conditions. Failure to accept these Terms and Conditions means Users do not have permission to access the Contents of the Web Site and associated services and they should cease their use of these immediately.