Previous version: November 18, 2018
1. Agreement with mod.io
1.2. With regard to the Services and other agreements you may conclude hereunder, you are contracting with mod.io Pty Ltd, 164 Kings Way, South Melbourne VIC 3205 Australia, firstname.lastname@example.org.
1.3. The "Services" means the services that mod.io Pty Ltd (ACN 628 999 039) (and its Associates, as defined by the Corporations Act 2001) (we, us, our, mod.io) operates and makes available to users (you) through the mod.io website, API, the SDK, official engine plugins and tools and any related services.
- access or use the Services;
- create a mod.io user account (User Account);
- are logged in to your User Account; or
- otherwise deal with the Services.
3. Content on the Services
You acknowledge and agree that any use or reliance on any content or materials that you view or obtain through using the Services is at your own risk.
3.1. You acknowledge and agree that:
- All Content (as defined below) displayed on the Services may be publicly available.
- mod.io does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, communications or opinions expressed on the Services;
- You may be exposed to content that may be offensive, harmful, inaccurate or inappropriate, or postings that have been mislabelled or are deceptive;
- We may not monitor or control the content posted on the Services and we do not take responsibility for such content.
- We can remove any Content from the Services at any time for any reason.
- Any reliance you place on any information, including without limitation any content or User Generated Content (as defined below) on the Services is at your own risk.
3.2. We provide a system on the Services for you to report Content available at https://mod.io/report, which will flag it to mod.io and the Relevant Game Developer for review and removal. Any removal of reported Content is at the reasonable discretion of the Relevant Game Developer in the first instance and then by mod.io.
3.3. The "Relevant Game Developer" means the game developer that developed the game that the Content or User Generated Content (as defined below) relates to.
4. Your Conduct
4.1. mod.io permits you to use the Services subject to you agreeing that:
- you will comply with all applicable laws; and
- you will comply with the mod.io Acceptable Use Policy and any other mod.io terms that govern online conduct and User Generated Content.
5. Your Account
5.1. To use some of our Services, you may need to create a User Account.
5.2. You agree to link a display name and avatar with your User Account. You acknowledge that your mod.io ID, display name and avatar linked to your User Account will be displayed with all your user activity (User Account Information), including anything you post or share on the Services, including all User Generated Content (as defined below).
5.3. You are not permitted to use as a display name or avatar, the name or image of another person or entity or that is not lawfully available for use, a name, trademark or image that is subject to any rights of another person or entity without appropriate authorization, or a name or image that is otherwise offensive, vulgar or obscene.
5.4. You agree that you are responsible for all activities that are culpably carried out using your User Account, this includes any Content that you create and post, including all User Generated Content.
5.5. You agree that you are responsible for safeguarding the authentication method you use to access your User Account and agree not to disclose this authentication method to any third party.
5.6. You must notify us immediately if you are aware of any breach of security or unauthorized use of your User Account.
5.8. You may change your User Account Information and settings using your profile control panel available at https://mod.io/members/settings.
6. User Generated Content
6.1. The Services enable User Account holders to create, post, link, store, share, upload and make available content, information, text, graphics, videos, files, mods, guides, reports, comments, tools, plugins, libraries, SDKs, fan sites and any other materials (Content). Any Content uploaded by User Account holders using the Services is User Generated Content (User Generated Content).
6.2. By posting or creating User Generated Content using the Services you acknowledge and agree that:
- You grant mod.io and the Relevant Game Developer a perpetual, non-revocable, non-exclusive worldwide right to use, reproduce, process, modify, create derivative works from, distribute, transmit, transcode, translate, and otherwise communicate and display and distribute all such User Generated Content on the Services (License). The License authorizes us to make your User Generated Content and any derivative works of your User Generated Content publicly available through the Services including for broadcast, distribution, promotion or publication on other media for users of our Services to use, share and access. Nothing herein shall restrict mandatory local copyright law applicable to you.
- The License includes the right for mod.io and the Relevant Game Developer to use User Generated Content to provide, promote and improve the Services and gameplay. The Licence however is limited insofar as mod.io will only have the right to modify or create derivative works of your User Generated Content for the purpose of making it compatible for use or distribution with our Services or user interface, and mod.io and the Relevant Game Developer may make modifications as it deems necessary or desirable to enhance gameplay.
- User Generated Content is publicly available information which is shared with other users, other third parties and is made available through the mod.io API and you bear the risks involved with such public disclosures.
- Your User Account Information and User Generated Content will be shared with the Relevant Game Developer.
- Subject to any agreement you have with the Relevant Game Developer, you retain all rights to the User Generated Content, and you are responsible for protecting those rights.
- The Relevant Game Developer retains all of its intellectual property rights, copyright and trademarks associated with the User Generated Content including its logos, branding, icons, screenshots, names, descriptions and tags, and data (Game Data).
- mod.io and/or the Relevant Game Developer may remove, moderate, manage, delete, modify, limit access and change the User Generated Content and Game Data on the Services at any time without notice to you.
- You can delete any of your User Generated Content from the Services at any time, however mod.io does not warrant or guarantee that it can or will be removed from any other location.
- mod.io is under no obligation to monitor the accuracy or reliability of your User Generated Content that you post.
- mod.io is not responsible for any User Generated Content that you post.
6.3. By posting User Generated Content to the Services, you represent and warrant that the User Generated Content:
- is yours or you have the right to use it and grant us the License; and
- does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and
- complies with the mod.io Acceptable Use Policy.
7. mod.io Marketplace
7.1. The Services may enable you to subscribe to use and access and trade (if applicable) other users' User Generated Content on our marketplace by being granted a subscription licence (UGC Subscription). UGC Subscriptions may incur a fee.
7.2. UCG Subscriptions are subject to the Relevant Game Developer's authorization and the Relevant Game Developer is responsible to provide reasonable support services.
7.3. At the Relevant Game Developer sole discretion, you may be able to licence access to your User Generated Content to other users (UGC Sale) or trade your UGC Subscription to other users (UGC Trade) or sponsor or be sponsored by another user (Sponsorship) in the mod.io marketplace for a fee.
7.4. All payments on the Services are governed by our Payment Terms.
7.5. The Services are not designed to provide qualitative advice about the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence for all UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships made through the Services.
7.6. mod.io makes no representations or warranties in relation to any UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships and you agree that any participation in any UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships is at your own risk.
7.7. You acknowledge and agree that the Services or the Relevant Game Developer may cease authorising UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships in the marketplace at any time without notice. You agree that mod.io has no liability to you because of your inability to access or use UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships.
8. Accessibility, Changes and Inaccuracies
8.1. The Services are provided on an "as is" and "as available" basis and "with all faults".
8.2. mod.io does not guarantee the availability, accuracy or completeness of any information or the Services at any time.
8.3. mod.io does not warrant that:
- the Services will function uninterrupted, securely or be available at any time or location;
- the Services will be error free or that any errors will be corrected;
- any information on the Services including without limitation any content or User Generated Content is complete, accurate, reliable or suitable for any purpose;
- the Services are free from viruses or other harmful components; or
- the Services will meet your requirements.
8.4. You acknowledge and agree that without prior notice to you mod.io may:
- change or update information, correct errors, inaccuracies or omissions at any time; or
- undertake maintenance of the Services from time to time and during such time, some or all of the Services may be compromised or unavailable as necessary for the maintenance activities.
8.5. When making such changes, mod.io will try to take steps minimise changes that may adversely impact your use of the Services but it does not guarantee that the Services will not be adversely impacted.
9.1. We respect the intellectual property rights of others. We, as an Australian company, are bound by the Australian Copyright Act 1968 (Cth) and recognise the Digital Millennium Copyright Act of 1998 (DMCA), which lays out a system of legal requirements for dealing with allegations of copyright infringement. mod.io complies with the DMCA, and we and/or the Relevant Game Developer may respond to notices of alleged infringement if they comply with the law. We also respect other mandatory local copyright law that may be applicable to you.
9.2. We reserve the right to delete or disable any User Generated Content alleged to be infringing, and to terminate User Accounts for repeat infringers at our reasonable discretion.
9.3. If you believe that your User Generated Content has been copied in a way that constitutes copyright infringement, please report this by using our copyright reporting form at https://mod.io/reports or by contacting us at email@example.com with the following information:
- Your name and address;
- Details of the alleged breach of copyright; and
- URL link to the alleged breach of copyright (if applicable).
9.4. Please allow us 30 calendar days to investigate your complaint, after which we will contact you to attempt to resolve the issue. Your right to make use of your statutory rights related to local copyright law shall not be affected by anything herein.
10. Intellectual Property
10.1. Everything displayed on the Services is mod.io's property or property that mod.io has been licenced, assigned or has the right to use (Services Intellectual Property).
11. Links to other games and websites
11.1. As a convenience, the Services may contain links to third-party websites, games, applications, tools or services that mod.io does not own or control.
11.2. You acknowledge and agree that mod.io has no control over and does not endorse the content, privacy policies, or practices of any third party websites, games, applications, tools or services.
11.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, games, applications, tools or services that you visit.
12.2. Either party's statutory right to terminate this agreement or cause remains unaffected.
12.3. You acknowledge and agree that the Relevant Game Developer may terminate your access and use of the Services associated with their game at any time.
12.5. Upon termination of your User Account, your right to use the Services will immediately cease.
12.6. You acknowledge and agree that all of the following provisions survive termination to the extent applicable to you, clauses 6, 10, 12, 13 and 14.
13. Indemnity and Limitation of Liability
13.2. You acknowledge and agree that to the maximum extent permitted by law:
- mod.io will not be liable to you for any loss including any liability, cost, expense, including legal costs on a full indemnity basis, claim, proceeding, action, demand or damage (Loss) arising in connection with your use of the Services including without limitation any lack of availability, defects, interruptions, lost data, loss of profits or limitation of the Services whatsoever.
- mod.io will not be liable for any damages you suffer as a result of using the Services, including without limitation resulting from UGC Subscriptions, UGC Sales, UGC Trades, Sponsorships, distributing, downloading, uploading or posting any content including User Generated Content from the Services.
- mod.io will not be liable to you or any third party under any circumstances for any indirect, incidental or consequential Loss or damages sustained or incurred whether such liability arises directly or indirectly as a result of the reliance on any content, goods or services available on or through any third party websites, games, applications, tools or services, supply, performance, payment or use of the Services.
14.1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Please also see clause 16.7 for EU consumers.
14.2. Services supplied to You by mod.io may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
16. Terms applicable to EU consumers
16.1. Instead of clause 1.4, the following applies to you: You only may use mod.io's Services if you are over the age of 16 years or do so with a parent's or legal guardian's consent. mod.io may require proof of age and/or the consent of a parent or legal guardian before entering into an agreement with you.
16.2. The acknowledgements and agreements listed in clause 3 do not apply to you except for clauses 3.1(a) and (e).
16.4. In order to conclude agreements on UGC Subscriptions, UCG Sales or UCG Trades, you need to click the available "subscribe" or equivalent button on the mod.io website or in-game if supported (your offer). If free of charge, we accept your offer immediately and the requested item will be automatically added to your User Account. If a fee applies you will be prompted to purchase the item for the advertised price using one of the supported payment methods. If you choose to complete the payment flow, the requested item will be automatically added to your User Account.
16.5. You have a statutory withdrawal right with regard to agreements concluded with us on paid Services. In such cases, please note the following information.
Information on withdrawal
Right of withdrawal
You have the right to withdraw from this agreement within fourteen (14) calendar days without giving reasons. The withdrawal period shall be fourteen (14) calendar days from the day on which this agreement has been concluded.
In order to exercise your withdrawal right, you must notify us, mod.io Pty Ltd, 164 Kings Way, South Melbourne VIC 3205 Australia, firstname.lastname@example.org, of your decision to withdraw from this agreement. You can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you post or otherwise send the notification that you make use of your withdrawal right before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs arising from your choice of a different delivery method to the low-cost standard delivery offered by us), immediately and no later than fourteen (14) calendar days from the date on which we receive notification of your withdrawal from this agreement. For this repayment, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you, in no case you will be charged for this repayment.
For the purposes of withdrawal, the following sample withdrawal form can be filled out and returned to us. Please note that the withdrawal can be declared in another way as well.
Sample withdrawal form
Ordered on __________________________________
(*) Delete as applicable
Pursuant to European Law, your withdrawal right is (for example) not applicable where (i) an agreed Service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgment that he will lose his withdrawal right once the agreement has been fully performed by us, or (ii) the supply of digital content not being supplied on a physical medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his withdrawal right.
16.6. Statutory liability law for defects applies and shall not be restricted by anything herein. Clause 7.6 and sentence 2 in clause 7.7 do not apply to you. Clauses 8.1 to 8.3 only apply to you with regard to Services provided free of charge.
16.7. Clauses 13.2 and 13.3 do not apply to you. Instead, with regard to paid Services, mod.io shall be liable for your damages, which are caused by mod.io, its legal representatives or vicarious agents that
- are based on deliberate acts or gross negligence;
- are based on culpable damages against life, body or health; or
- were caused by culpable violations of obligations necessary to enable the proper fulfilment of an agreement users may rely on regularly (cardinal obligations). In this case the liability is limited to the predictable agreement-typical damages.
With regard to Services free of charge, the liability of mod.io is limited to the maximum extent permitted by local law.
Liability according to product liability law or damages based on mod.io's violations of an issued guarantee remain unaffected.
In all other cases, mod.io's liability shall be excluded.
16.8. Clause 15.1 does not apply to you. Consumers within the European Union shall be subject to the law of their respective place of residence if this is mandatory consumer law.
16.9. The European Commission provides an online dispute resolution platform ("ODR platform"). The ODR platform is designed to help consumers and businesses to reach an out-of-court settlement in case of problems. We are not willing nor obliged to participate in dispute resolution through the ODR platform. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show
17. Contact us