Welcome to Mod Collective, Inc.’s Terms of Service (“Terms”). These Terms are a legally binding and an enforceable agreement between Mod Collective, Inc. (collectively with its affiliates and subsidiaries shall be referred to as “Modco”, “we”, “us”, or “our”), and the users and visitors of our website, who access to or otherwise interact with our website and the services therein, specifically: https://www.modcollective.gg/, our products and our other services, or any affiliate thereof ("Site" and “Products”,  “Services” "user", "you" or "your", respectively), and other landing pages. 

Our Site aims to provide its users with Services to access and download Modco, user and artist generated and contributed video game digital assets and modifications ("Content").

If you do not agree with the Terms, then do not use our Site or any other Services.

Acceptance of Terms

By accessing or using our Site, you confirm that you accept these terms of use and that you agree to comply with them. You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child”, “minor” or any other similar term, in your jurisdiction and, in any event, that you are not under the age of 18 or that you are aged 13 or older and you only use the Site under the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms; and (iii) you will comply with all applicable regulation regarding you access to and use of the Services, including any intellectual property law. The Site is not available to any persons barred from receiving the Services under the laws of the United States or applicable laws in any other jurisdiction.

Additional Terms

These Terms refer to the following additional terms, which also apply to your use of our site:

If you subscribe for our ClubMOD or ClubMOD+ memberships and or any MODcoins from our Site, our Terms will apply to the sales.

Changes to Terms

We reserve the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site or Services, at any time and in our sole discretion.  Unless otherwise stated, the updated version of these Terms will become effective immediately upon posting on the Site.

Site Availability

We do not guarantee that our Site, or any content herein, will always be available. We reserve the right to suspend, revoke or restrict access to any part or all of our Site for business and operational reasons or because you are in breach of any of our Terms. We will attempt to give notice of any suspension, revocation or withdrawal.

Prohibited Conduct

You agree not to engage in any conduct that violates these Terms or infringes upon the rights of others.

Prohibited conduct includes but is not limited to:

 

Account Details

You will create and use a username and password to access the sites features. You must provide accurate and complete information when registering for an account. You must treat such information as confidential and not disclose it to any third party. You must notify us immediately of any unauthorized use of your account or any other breach of security

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time and without prior notice, for any breach or non compliance of the Terms herein or any such reasons that may be determined in our sole discretion.  Upon termination, you must cease all use of our Site and services, and any provisions of these Terms that by their nature should survive termination shall remain in effect.

By creating an account, you acknowledge that we may send email to the address associated with your account with important information regarding your account, as well as our services and additional policies.

You will accept all risks of unauthorized access to the registration data or any other information that you provided to Modco.

Any further information about how we may use your personal information can be found in our Privacy Policy.

Limited Use of Content

Modco grants you a limited license to access and use of our Site and Content thereon and to view, copy, print and download portions for your own personal use, provided that (a) you may only view, copy, download and print portions of the Site and/or Content for your own informational and/or non-commercial use, (b) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof, (c) you may not distribute, reproduce, publicly display or otherwise publish any portion of the site or content, except to share screenshots of your own creations, including to help others find content at our Site. You represent, warrant and covenant to not, and to not authorize or encourage any third party to: (i) use the Services in non-compliant, unlawful, illegal, fraudulent, inappropriate, or unauthorized manner (including that which would infringe upon the rights of a third party) or that is in breach of applicable law; (ii) circumvent, disable or otherwise interfere with security-related features of the Site or prevent others from using the Site; (iii) copy, modify, or create a derivative work of the Site or any Content therein, in whole or in part; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Site, in whole or in part; (v) commercially exploit the Site or any portion thereof; (vi) use the Site or Content in any fraudulent or unlawful manner; (vii) use the Site or Content in any way that violates any provision of these Terms; (viii) remove, deface, obscure, or alter the Site or Content including any copyright notices, trademarks, and other proprietary rights provided as part of the Site or Content; (ix) create a database by systematically downloading and storing all or any Content for commercial use or otherwise use any data mining, robots or similar data gathering or extraction methods; and (x) use, access or attempt to access the Site features or Content with any automated means (including robots, scrapers, etc.).

You represent, warrant and covenant that your use of the Site and Content will be consistent with this limited use and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Modco against any liability to any person arising out of your use of Site and Content not in accordance with these Terms. We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to revoke any and all licenses and prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or no reason, at our sole discretion.

Reporting

Please send and issues and complaints to admin@modco.gg

Personal Information

Your privacy is important to us. We will only use your personal information as set out in our Privacy Policy.

Disclaimer and Limitation of Liabilities

Except as provided herein, the Site and Content are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.  Without limiting the foregoing, Modco expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the services, information, content and materials on the Site.  Modco does not represent or warrant that materials on the Site or the services therein are accurate, complete, reliable, current or error-free, expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content thereon or any portion thereof, and does not represent or warrant that the Site or its servers are free of viruses or other harmful components.  You agree that Modco will not be held responsible for any decision made or action taken or not taken in reliance on the Site or Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or omissions.

Modco shall not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including without limitation negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Services, the Content or the materials contained in or accessible through the Site, including without limitation any damages caused by or resulting from your reliance on any Site Content or other information obtained from the sims resource or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our Services.

Indemnification

You agree to defend, indemnify and hold Modco harmless from any third party alleged claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of and interaction with the Site and Content in a manner which is not compliant with these Terms and any other applicable terms governing such access and use, including your negligence and any wrongful act or rights’ infringement; and (ii) your breach of any applicable regulation. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and applicable United States law.

Miscellaneous

These Terms constitute the entire agreement between you and Modco with respect to your use of the Site and Content. If any provision of these Terms is held to be unenforceable by competent courts, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of the remaining provisions hereof under all circumstances. Modco’s failure to enforce any rights or to take actions against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.

Contact Us

If you have any questions about these terms, please contact us at: admin@modco.gg

Thank you for using our services. We hope you enjoy your experience with us!

Last Updated July 4, 2024