Terms of Service

Last modified: December 23, 2014

Welcome to mods.io! We have prepared these terms and conditions (“Terms of Service”) between Frustra (“we,” “our,” “us”) and you. By creating an account on the mods.io website or using any of its associated services (collectively “mods.io”) you are agreeing to be bound by the Terms of Service.

Account Terms

  1. You must be 18 years or older to create an account on mods.io.
  2. You must provide a valid email address in order to complete account registration.
  3. You must not use your mods.io account to impersonate any other third party.
  4. You are responsible for keeping your password secure. We will not be liable for any loss or damage if you fail to maintain the security of your account and password.
  5. You may not use mods.io for any illegal or unauthorized purpose nor may you, in the use of mods.io, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  6. Any breach or violation of the Terms of Service as determined by our sole discretion will result in termination of your account and services.

Content

  1. When you upload text, software, mods, scripts, graphics, photos, audio, videos, links, interactive features and other materials that may be viewed on, or accessed through mods.io, we refer to it as “Content”.
  2. You must own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content that is uploaded under your mods.io account.
  3. You are responsible for all activity and Content that is uploaded under your mods.io account.
  4. You must not transmit any viruses, worms, malware, or any other code of a destructive nature through mods.io.
  5. You retain all of your ownership rights to your Content. We do not claim any ownership in or to any of your Content.
  6. To enable us to provide the services of mods.io, you hereby grant us a worldwide, non-exclusive, royalty-free, and unrestricted license to use, reproduce, distribute copies, prepare derivative works of, or display Content in connection with mods.io in any medium and for any purpose (including commercial purposes), which is irrevocable except under the following conditions:
    1. You have contacted us to cancel your mods.io account, and
    2. We have taken up to seven days to ensure your Content has been removed from mods.io.

Earnings

  1. Every 24 hours, we will add a portion of the advertising revenue generated through the distribution of your Content to your account balance (“Earnings”).
  2. Although we strive to determine your Earnings in a consistent way, we make no guarantee we will do so. We reserve the right to change the way Earnings are determined and adjust your account’s Earnings at any time.
  3. Earnings are calculated in Canadian Dollars (“CAD”) and will be paid out to the PayPal (http://www.paypal.com) address associated with your account.
  4. Earnings for each month will be paid out within 30 days of the end of the month unless your account fails to meet the conditions in the Terms of Service.
  5. Until Earnings are paid out, the amount shown is an estimate and is subject to change at any time.
  6. The minimum amount of Earnings to be paid out is $5 CAD.
  7. If your account does not meet the requirements to be paid out, your Earnings will be carried over to the following month.
  8. All Earnings displayed in currencies other than CAD are for convenience only and are not guaranteed to be accurate.

Our Rights

  1. We reserve the right to modify or terminate mods.io without notice, for any reason at any time.
  2. We reserve the right to refuse service (including payment of Earnings) to anyone for any reason at any time.
  3. We reserve the right to remove Content and accounts containing Content that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
  4. We do not pre-screen Content and it is at our sole discretion to refuse or remove any Content that is available via mods.io.

Limitation of Liability and Warranty

  1. You expressly understand and agree that we shall not be liable 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 resulting from the use of or inability to use mods.io.
  2. In no event shall we be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with mods.io or the Terms of Service.
  3. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of the Terms of Service, or your violation of any law or the rights of a third party.
  4. Your use of mods.io is at your sole risk. mods.io is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  5. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of mods.io.
  6. We do not warrant that mods.io will be uninterrupted, timely, secure, or error-free.
  7. We do not warrant results displayed on the mods.io website to be accurate or reliable.
  8. We do not warrant that the quality of any products, services, information, or other material obtained by you through mods.io will meet your expectations, or that any errors in mods.io will be corrected.

Waiver and Complete Agreement

  1. If at any time we fail to exercise or enforce any right or provision of the Terms of Service, it shall not constitute a waiver of such right or provision.
  2. The Terms of Service constitutes the entire agreement between you and us and governs your use of mods.io, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@mods.io.
  2. Once your account is cancelled all of your Content will be deleted from mods.io. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. We may take up to seven days after you cancel your account to fully remove your Content from mods.io.
  4. If you cancel your mods.io account, any outstanding Earnings of your account will be lost and we shall not be liable to pay you.
  5. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance, or otherwise) have engaged in fraudulent activity in connection with mods.io.

DMCA Notice and Takedown Procedure

  1. We support the protection of intellectual property and ask you to do the same. It is our policy to respond to all notices of alleged copyright infringement.
  2. If you believe that a mods.io user is infringing on your intellectual property rights, you can send a DMCA Notice to legal@mods.io stating your concern.
  3. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement.

About these Terms

  1. Any new services added to mods.io shall also be subject to the Terms of Service.
  2. We reserve the right to modify the Terms of Service with or without notice.
  3. Modifications to the Terms of Service become effective immediately upon being posted to the mods.io website. Your continued use of mods.io indicates your acceptance of the current Terms of Service and you agree to be bound by any modification or revisions to the Terms of Service.

Questions about the Terms of Service should be sent to legal@mods.io.


Changes to our Terms of Service

December 23, 2014

  1. Earnings: section 8 added to cover non-canadian currencies.

April 2, 2014

  1. Earnings: switched currency to CAD.

March 29, 2014

  1. Content: section 6 expanded to include conditions for revoking Content license.
  2. Earnings: section 7 added.
  3. Cancellation and Termination: section 3 added.