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The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Mega Modz Planet, located at 16112NW 13th Ave, STE C, Miami, Florida 33169, and our subsidiaries and affiliates, in association with the use of the Mega Modz website, which includes www.megamodz.com (the ‘Site") and its Services, which shall be defined below.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein-contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member." The user and /or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Mega Modz Planet.
At its discretion, Mega Modz Planet may offer additional website Services and for products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Mega Modz Planet does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member acknowledge, accept and agree that Mega Modz Planet shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised, or modified terms, you must stop using the provided Services. Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such Mega Modz Planet shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication or personalization settings.
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Mega Modz's Services under the laws and statutes of the United States or other applicable jurisdictions. Furthermore, the registering party hereby acknowledges, understands, and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Mega Modz Planet will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Mega Modz Planet Services, or any portion thereof.
It is Mega Modz Planet's priority to ensure the safety and privacy of all its visitors, users, and members, especially of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Mega Modz website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account.
As the creator of the "family" account, she/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
After completion of the registration data and the creation of your username, you will create a password for your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Mega Modz Planet immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Mega Modz Planet shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Mega Modz Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Mega Modz. Furthermore, you herein agree not to make use of Mega Modz Planet's Services for the purpose of:
Mega Modz Planet herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or that would otherwise be considered offensive to other visitors, users, and/or members. Mega Modz Planet herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
Mega Modz Planet herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Mega Modz Planet or any other content providers supplying content services to Mega Modz Planet. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done so in whole or in part, is expressly prohibited
Upon registration, you hereby acknowledge that by using www.megamodz.com to send electronic communications, which would include but are not limited to email, searches, instant messages, and uploading of files, photos, and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations. Furthermore, you state and pledge that you:
Mega Modz Planet shall not lay claim to ownership of any content submitted by any visitor, member, or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Mega Modz Planet the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed ‘publicly accessible" areas of Mega Modz Planet's site are those such areas of our network properties that are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
Mega Modz Planet provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, and/or proposals ("Contributions") to our site, you acknowledge and agree that:
All users and/ or members herein agree to insure and hold Mega Modz Planet, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Mega Modz Planet Services or your connection with these Services, your Violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Mega Modz Planet sites.
Mega Modz Planet shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Mega Modz Planet shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Mega Modz Planet or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Mega Modz Planet shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Mega Modz Planet's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore. except for that which is expressly permitted by applicable law or as authorized by Mega Modz Planet or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on Mega Modz Planet Services (e.g.Content or Software), in whole or part. Mega Modz Planet herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Mega Modz Planet for use in accessing our Services.
Mega Modz Planet is an independent retailer of modded controllers for Xbox One/360 and Sony PS4/PS3 and is not affiliated with Activision, Microsoft or Sony, or any other brand names. All brand names and trademarks are the property of the respective owners and are used for identification purposes only. The site, including the owners, developers, and operators is not affiliated with any other brand or any subsidiaries thereof, in any way.
you herein expressly acknowledge and agree that:
you explicitly acknowledge, understand, and agree that Mega Modz Planet and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of the such possibility that said damages may occur, and result from:
there are some jurisdictions that do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.
You herein acknowledge, understand, and agree unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Mega Modz Planet may furnish you with notices, including those with regard to any changes to the TOS. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand, and agree that all of the Mega Modz Planet trademarks, copyright, trade name, service marks, and other Mega Modz Planet logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Mega Modz Planet. You herein agree not to display and/or use in any manner the Mega Modz Planet logo or marks.
Mega Modz Planet will always respect the intellectual property of others, and we ask that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, Mega Modz Planet may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner's behalf.
Mega Modz Planet complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.megamodz.com.
This TOS constitutes the entire agreement between you and Mega Modz Planet and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Mega Modz Planet Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Mega Modz Planet Services, affiliate Services, third-party content, or third-party software.
It is at the mutual agreement of both you and Mega Modz Planet with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Mega Modz Planet, shall be filed within the courts having jurisdiction within the County of Miami Dade, Florida or the US. District Court located in said state. You and Mega Modz Planet agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.
At any time, should Mega Modz Planet fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
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