These Terms of Service ("ToS") govern your use of the mod.io API, SDK, website and other software or content related to them ("Service"). The Service is a mod management platform which allows users to share, subscribe-to and download mods in-game.
This Service is owned and controlled by DBolical Pty Ltd (Australian Business Number: 90 533 797 049) ("DBolical"). By accessing or otherwise using the Service you acknowledge that you have read these ToS, and that you agree to be bound by its terms and conditions.
2. Grant of Licence
Subject to your compliance to these ToS, DBolical grants you a limited non-exclusive license to access, install and use the DBolical API, SDK, website and other related software within your product(s). We actively encourage you to integrate the Service within your products.
This License will apply for as long as you continue to lawfully use the Service. However, we reserve the right to terminate this licence automatically if you fail to comply with any of its terms or conditions, and don’t address the breach within 14 days of notification. Upon termination you must immediately cease using the Service. The Limitations of Warranties and Liability set out at clause 11 below will continue in force even after any termination.
4. Service Updates, Availability and Outage
4.1 Updates, enhancements and bug fixes may be made to the Service and provided to you as a licensee at any time. We are under no obligation to provide any such improvements, but when we do they will be considered to be part of the Service.
4.2 DBolical uses all reasonable commercial endeavours to keep the Service operating at all times. Nonetheless, the Service may experience outages from time to time. Such outage may be caused by third parties, hardware failure, or may be a consequence of DBolical maintenance activity, where we are looking to improve the quality of the Service. In circumstances where we know in advance that an outage is likely, we will provide notice. Whatever the reason behind the outage, we will use all reasonably commercial endeavours to ensure that your data is safe. However, we cannot guarantee this.
5. Fees and Payment
5.1 The revenue split between you and creators making content for games you manage, is determined by you. DBolical takes 10% from all transactions which take place as a result of your use of the Service, and any transactions that take place through it (the "DBolical commission"). The DBolical Commission is taken out of the gross revenue of any transaction before any third party platform, credit card, distribution or publishing fees, and any applicable taxes that are required to be paid or withheld. Your and the mod developers revenue share payment will be calculated after the DBolical Commission, third party platform, credit card, distribution or publishing fees, and any applicable taxes that are required to be paid or withheld are made.
5.2 All payments are facilitated through Stripe ("Stripe") and PayPal ("Paypal"). When making any payment in relation to your use of the Service, you warrant that you have read, understood and agree to be bound by the Stripe and PayPal terms and conditions which are available on their website. Please note that depending on your location, these terms and conditions may vary slightly. Ensure you read and understand the terms and conditions that apply to you.
6. Intellectual Property
6.1 DBolical IP in the Service: The Service is the exclusive property of DBolical. You are free to use it in accordance with these terms.
6.2 All rights in any mods that appear in the Service belong to those that created them. We will adhere to any third party copyright claims, and will remove any content proven to be infringing when reported. If you believe a particular mod that appears on the Service infringes your copyright, please follow the procedure outlined here.
7. Content Moderation
The moderation of content submitted for your games is your responsibility. We will respond to intellectual property claims as outlined at 6.2.
8. Your Conduct
You agree that you must not:
8.1 DDOS, spam or abuse the Service;
8.2 use the Service or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations;
8.3 translate, reverse engineer, decompile, or disassemble the Service except as is necessary to implement it in your product in accordance with these terms.
DBolical may take any actions and impose any penalties we deem necessary to discourage and/or stop any violation of these terms, or any other illegal or inappropriate conduct, all without prior notice or warning.
By using the Service, you grant DBolical a non-exclusive licence to identify you as a user of the Service on the mod.io website and in promotion of the Service. At your request, DB will remove you from promotional materials within 7 days.
10. Third Party Services and Content
Third party libraries, SDKs, plugins and ports may be linked to from within the Service. DBolical do not monitor or have any control over these services, and can make no guarantee as to their accuracy or completeness. We do not represent or warrant the functionality of any third-party service used to access the API. Accessing or using content on any third-party services is done at your own risk.
11. Limitation of warranties and liability
The Service, and the contents of the Service are provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Service and for the use of any third-party service, and DBolical disclaims all liability for any loss, injury or damage resulting from use of the Service and any third-party Service, whether direct or indirect.
In no event will DBolical have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. DBolical's total aggregate liability with respect to its obligations under these ToS or otherwise with respect to the provision of the Service will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
You agree to indemnify and hold harmless DBolical, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these ToS or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
These ToS is the entire agreement between you and DBolical with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
DBolical may amend and/or modify these ToS at any time in its sole discretion. Check back to this document from time to time. Your continued use of the Service constitutes consent to any changes.
These ToS will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to be bound by the laws of that state.
Last Updated: October 3, 2017