1. TERMS; ACCEPTANCE
We reserve the right to make changes at any time to the MOD Sites, these Terms, our policies, and/or terms applicable to a service, registration, sign up, or opt-in. We will notify you of any material changes to the Terms by posting the new Terms on the MOD Sites. Please consult these Terms regularly for any changes. The date of the last revision appears at the top of the Terms. Your use of the MOD Sites following any changes to the Terms will signify your acceptance of the revised terms.
3. ACCESS TO AND USE OF THE MOD SITES
Subject to these Terms, MOD grants you a limited license to access and use the MOD Sites for your personal, non-commercial use. However, except as otherwise provided in these Terms, the contents of the MOD Sites is owned by or licensed to MOD, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify a MOD Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the MOD Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of machinesofdestiny.net so long as the link does not portray MOD or machinesofdestiny.net in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other "hidden text" utilizing MOD or MOD's name or trademarks to reference the MOD Sites without our express written consent. You may not use disguised referrals to link to any MOD Site. Without our prior written consent, you may not exploit the MOD Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the MOD Sites only with involvement of a parent or guardian. Any unauthorized use of the MOD Sites or use in violation of these Terms terminates this limited license.
4. REVIEWS AND COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR MOD TO MONITOR; ELECTRONIC COMMUNICATIONS
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to MOD in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of "spam."
MOD takes no responsibility and assumes no liability for any content posted by you or any third party. MOD may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
When you visit a MOD Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the MOD Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
a. MOD ONLINE STORE
b. PRODUCT AND SUPPORT DESCRIPTIONS
We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the MOD Sites is accurate, complete, reliable, current, or error-free. If you purchase a MOD product either through the MOD Online Store on machinesofdestiny.net or through an authorized retailer, and you believe it is not as described on the MOD Sites, or you believe you have not received support for your product as provided in the Limited Warranty, your sole remedy is to return the product in accordance with our Return Policy.
c. LIMITED WARRANTY
For information about the Limited Warranty for MOD products, please visit this link.
d. RETURN POLICY
For information about the Return Policy for MOD products, please visit this link.
e. USER ACCOUNTS
To obtain access to enhanced features for certain products, and/or access to certain features or promotions on the MOD Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify MOD immediately of any unauthorized use. MOD reserves the right to refuse service or terminate accounts if you fail to adhere to these Terms or any additional terms that may apply to these services, at MOD's reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the MOD Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system; mobile; handheld or portable device or any loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the MOD Sites. Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to MOD or its products, which is downloaded from sites or sources outside the MOD Sites.
MOD provides customer support services ("Support Services") in accordance with these Terms, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here. MOD will use commercially reasonable efforts to provide the Support Services in a professional manner but cannot guarantee that every question or problem raised by you can or will be resolved.
7. INTELLECTUAL PROPERTY MATTERS
All content included on the MOD Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of MOD and/or its licensors and protected by international copyright laws and other laws and regulations. All software and other materials available for download from the MOD Sites are, unless otherwise stated, the property of MOD and protected by United States and international copyright laws. By downloading content from the MOD Sites, you hereby agree to use the content only for the intended or stated purpose, and not to make any reproductions, modifications or alterations to the content in any way whatsoever.
"MOD", the Mecha Dragon Logo, the names of MOD products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of MOD. You may not use the foregoing in any manner that disparages or discredits MOD or is likely to cause confusion among customers. You may not use MOD's trademarks and/or trade dress in connection with any product or service without our express written consent.
c. USER FEEDBACK AND UNSOLICITED IDEAS
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at email@example.com. Any feedback you provide is deemed to be non-confidential and non-proprietary. MOD shall be free to use such information on an unrestricted basis.
Outside of the above-mentioned feedback avenue, MOD does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an "**Unsolicited Idea**"). Kindly refrain from sending any Unsolicited Ideas in any form to MOD or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of MOD's products, services or activities to an Unsolicited Idea.
If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) MOD owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) MOD has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless MOD from all liabilities, damages, losses, costs and expenses arising from MOD's use of the Unsolicited Idea.
d. COPYRIGHT INFRINGEMENT
MOD respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the MOD Sites without your authorization and you claim infringement, then you should provide the following information to us:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. 1. identification of the copyrighted work claimed to have been infringed. 1. identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MOD to locate the material. 1. information reasonably sufficient to permit MOD to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 1. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 1. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All claims of copyright infringement shall be sent to us by email at firstname.lastname@example.org
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE MOD SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE MOD SITES AND ALL CONTENTS THEREON ARE PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOD AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOD SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. MOD MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE MOD SITES OR OF SITES LINKED TO THE MOD SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE MOD SITES OR ANY HYPERLINKED WEBSITES. MOD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE MOD SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE MOD SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL MOD, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE MOD SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE MOD SITES OR DOWNLOADABLE MATERIALS), EVEN IF MOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOD'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
a. GOVERNING LAW AND JURISDICTION
You agree that the laws of Hong Kong, without regard to principles of conflict of laws, shall govern both these Terms and any dispute that might arise between you and MOD in relation to your use of the MOD Sites and these Terms.
b. ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT
These Terms and other legal notices published by MOD on the MOD Sites applicable to an activity you engage in shall constitute the entire agreement between you and MOD concerning the MOD Sites. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and MOD's failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the MOD Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but MOD may assign these Terms without restriction.
You agree to indemnify, defend and hold MOD, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the MOD Sites and/or any action by you which violates any law, regulation or rights of a third party.
d. LINKS TO THIRD PARTY WEBSITES
The MOD Sites may contain links to third-party websites. You acknowledge and agree that MOD does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by MOD of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, MOD may terminate your license to access the MOD Sites and/or your user account if you violate or breach the Terms or for any other reason, including MOD's discontinuance of the MOD Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.