TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE (SITE) OR ORDERING ANY SERVICES OR PRODUCTS FROM THIS WEBSITE (SITE) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CONDITIONS IN FULL. THE TERMS OF SERVICE AGREEMENT GOVERN WWW.MODE500.COM
SECTION 1 - OVERVIEW
Mode 500 offers services and products for purchase on this site. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Mode 500 reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site. This site is operated by MODE 500. Throughout the site, the terms "I", "my", "myself", "me", “we”, “us” and “our” refer to MODE 500. MODE 500 offers this site, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting my site and/or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site. Please read these Terms of Service carefully before accessing or using my site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree with these terms and conditions and to this agreement or any part of the agreement (including any referenced policies or guidelines), please immediately terminate your use of the site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 2 - GENERAL CONDITIONS
Mode 500 reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the service is provided, without express written permission by me.
SECTION 3 - COPYRIGHT & LICENSE TO USE THIS SITE
Unless otherwise stated, Mode 500 owns the intellectual property rights in the site and material on the site. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the site for your own personal use only, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: Republish material from this site (including republication on another site); sell, rent or sub-license material from the site; show any material from the site in public; reproduce, duplicate, copy or otherwise exploit material on this site for a commercial purpose; edit or otherwise modify any material on the site; redistribute material from this site (except for content specifically and expressly made available for redistribution).
SECTION 4 - PROHIBITED USES & ACCEPTABLE USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. This includes but is not exclusive to: 1; to submit false or misleading information; 2; to spam, phish, pharm, pretext, spider, crawl, or scrape, to upload or transmit viruses or to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related site, other sites, or the Internet; 3; to collect or track the personal information of others; including use of any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this site without Mode 500's express written consent; 4; to interfere with or circumvent the security features of the Service or any related site, other sites, or the Internet. I reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses; 5; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 6; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 7; to solicit others to perform or participate in any unlawful acts, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; I may, but have no obligation to, monitor, edit or remove content that I determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service; You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party; I shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments; 8; to transmit or send unsolicited commercial communications and to not use this site for any purposes related to marketing without Mode 500;s express written consent.
SECTION 5 - INFORMATION ACCURACY, COMPLETENESS AND TIMELINESS/ERRORS, INACCURACIES AND OMISSIONS
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. I am not responsible if information made available on this site is not accurate, complete, or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site. Occasionally there may be information on this site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order). I undertake no obligation to update, amend or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site should be taken to indicate that all information in the Service or on any related site has been modified or updated.
SECTION 6 - COOKIES
SECTION 7 - THIRD-PARTY SERVICES & LINKS
Mode 500 also offers information, both directly and through indirect links to third-party sites. I may provide you with access to third-party tools over which I neither monitor nor have any control nor input. You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). I may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. This site offers certain content, products, and services available via its service which may include materials from third-parties, and third-party links on this site may direct you to third-party sites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties. I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - GENERAL ONLINE STORE TERMS
SECTION 9 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You also expressly agree that your use of, or inability to use, the service is at your sole risk. This site is provided “as is” without any representations or warranties, express or implied. You also agree that I do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Mode 500, affiliates, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable, nor do I guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Mode 500 makes no representations or warranties in relation to this site or the information and materials provided on this site, and that nothing on this site constitutes, or is meant to constitute, advice of any kind.
SECTION 10 - INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Mode 500, affiliates, service providers, suppliers, and undertake to keep Mode 500 indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Mode 500 to a third party in settlement of a claim or dispute on the advice of Mode 500's legal advisers incurred or suffered by Mode 500 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
SECTION 11 - SEVER-ABILITY & TERMINATION
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or myself. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use our Services, or when you cease using our site. If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 12 - DOWNLOADABLE CONTENT
Any downloadable content that I offer is protected under the Creative Commons Licence Agreement which is a separate agreement and can be found here (https://mode500.com/copyright)
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by myself on this site or in respect to The Service constitutes the entire agreement and understanding between you and I and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and I (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms Of Service at any time on this page. I reserve the right, at my sole discretion, to change, replace, modify, or update any part of the Terms Of Service, so please make sure that you review it frequently. It is your duty and responsibility to check this page and my site periodically for changes. Your continued use of or access to my site or any of the Services following the posting of any changes to the Terms Of Service constitutes acceptance of those changes. Any changes and/or clarifications will take immediate effect upon their posting on the site. If I make changes at anytime, I will be noted here within the Terms themselves that it has been updated.
SECTION 16 - CONTACT INFORMATION AND AGREEMENT
Questions about the Terms of Service should be sent to me at [email protected] By continuing using this site, you agree that the exclusions and limitations of liability set out in this site disclaimer are reasonable. If you do not think they are reasonable, you must leave the site immediately.