HacknMod Terms and Conditions of Use
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO HACKNMOD. ("HacknMod.com"), AND "YOU" AND "YOUR" REFER TO YOU. Before using HacknMod, please read this agreement relating to your use of this web site carefully.
By using HacknMod, you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use HacknMod. HacknMod provides the information and services on HacknMod to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of HacknMod constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to HacknMod. Your continued use of the HacknMod web site following the posting of changes to these Terms will mean that you accept those changes.
In addition, each user's use of a particular HacknMod service ("Service") may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of HacknMod and its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use HacknMod or any of its Services, as defined herein, and should refrain from accessing HacknMod and its Services.
To update the Terms, we will both post the changed version and its effective date at http://www.HacknMod.com/terms.php. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the terms or rules.
2. MODIFICATIONS TO SERVICE
HacknMod reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, HacknMod or any Service thereon (or any part thereof). HacknMod shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
3. NO UNLAWFUL OR PROHIBITED USE
By using the HacknMod web site, you warrant to HacknMod that you will not use HacknMod, or any of the content obtained from HacknMod, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the HacknMod web site automatically terminates.
HacknMod is a web-based service owned and operated by HacknMod for the purpose of allowing individuals around the world to show things they have made and learn how to make things from others (the “Purpose”). HacknMod allows its users to create and update project descriptions as well as providing a rich collection of associated on-line resources including communications tools, project management tools, forums, personalized content and search services (collectively referred to as “HacknMod”, “the Service”, or “the Services”). HacknMod may be accessed through any various medium or device now known or hereafter developed. The Service may include advertisements which are necessary for HacknMod to provide the Service.
5. PRIVACY POLICY
We strongly believe that each of our users has a right to maintain their privacy. HacknMod does not use spy-ware, ad-ware, pop-up ads, spam or other annoying or intrusive advertising. We do not sell, rent, or exchange your personal information to any third party for marketing purposes.
a. All information, data, text, software, music, sound, diagrams, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via HacknMod, are the sole responsibility and property of the person from which such Content originated (the “Author”). This means that the user, and not HacknMod, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via HacknMod or any Service. Within the confines of international and local law, HacknMod will generally not place a limit on the type, or appropriateness of content created by users. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, HacknMod is committed to submitting all necessary information to the proper authorities;
b. Should any Content be reported to HacknMod as being offensive or inappropriate, HacknMod might call upon the poster to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the HacknMod staff. Should the poster fail to meet such a request from HacknMod staff, HacknMod has the full authority to terminate any such reported and verified account and associated inappropriate content. HacknMod, however, is under no obligation to restrict or monitor Content in any way;
c. HacknMod claims no ownership or control over any Content posted by users of HacknMod. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the HacknMod staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for HacknMod to serve such Content) without violation of any intellectual property or other rights or any laws or regulations;
d. With respect to Content you submit or make available for inclusion on publicly accessible areas of HacknMod, you grant HacknMod the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform and publicly display such Content solely for the purposes of providing and promoting HacknMod.
e. You acknowledge that HacknMod does not pre-screen Content, but that HacknMod and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, HacknMod and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, HacknMod reserves the right to limit access to your account and associated content, if found in violation of the TOS, by removing the account, content and related user information from the member directory, search engine, and all other methods used in conjunction with finding HacknMod’ users and content.
f. HacknMod, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of HacknMod, HacknMod users and the public. HacknMod does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or safety of such Content. Under no circumstances will HacknMod be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via HacknMod or any Service thereon.
g. By using HacknMod or any Service, you may be exposed to Content that is offensive, indecent, objectionable or unsafe. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
h. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. MEMBER CONDUCT
You understand that should Content be found or reported to be in violation with, but not limited to, the following terms, it will be HacknMod' sole discretion as to what action should be taken.
You agree to NOT use the Service to:
a. Upload, post or otherwise transmit any content that is in HacknMod’ opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way, as seen by HacknMod or applicable law;
c. Impersonate any person or entity, including, but not limited to, a HacknMod staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. "Stalk" or otherwise harass another person or company;
l. Collect or store personal data about other users for business purposes;
m. Use HacknMod as a forwarding service to another web site;
n. Allow usage by others in such a way as to violate HacknMod’ TOS;
If any user is reported to be in violation with the letter or spirit of these terms, HacknMod retains the right to terminate such account at any time without further warning.
8. MARKETPLACE AND SELLING RULES
Hacknmod offers the option to its members to sell their hacks and mods online to other members. You post your items for sale for free. Then when someone buys your item. They pay HacknMod, we take five percent of the sale price. Then we send the remaining amount to the seller once the buyer has received the item OR two weeks have passed. If two weeks have passed, and the buyer has not contacted HackMod.com, the remaining balance will still be sent to the seller. So, if you do not receive your item, contact HacknMod and we will contact the seller to work something out before two weeks have passed. If the item is received damaged in any way, HacknMod is NOT responsible. Contact the seller and ask for a refund. HacknMod.com serves as a place to post your items for sale, not as a legal negotiator between buyers and sellers. If you (the buyer) do not contact HacknMod.com and you haven't received you item within the two week period you forfit your payment to the seller and if you do not receive your item, HacknMod.com will not be held responsible.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
HacknMod may establish general practices and limits concerning use of HacknMod Services, as defined by posted Service-specific Rules. While HacknMod will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, HacknMod has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. HacknMod reserves the right to mark as "inactive" and archive HacknMod accounts and/or content that are inactive for an extended period of time. HacknMod reserves the right to change these general HacknMod practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HACKNMOD 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 (EVEN IF HACKNMOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
In the event that you have a dispute with one or more HacknMod users, you release HacknMod (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Without limiting any other remedies, HacknMod may suspend or terminate your HacknMod account if we suspect that you have engaged in fraudulent activity in connection with HacknMod or any HacknMod Service.
16. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of HacknMod and all of its Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You and HacknMod are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
19. SUBMISSION OF UNSOLICITED IDEAS AND INFORMATION
HacknMod does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized HacknMod representative, any material, information or idea you transmit to HacknMod by any means may be disseminated or used by HacknMod or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our privacy policy.
20. TRADEMARK INFORMATION
HacknMod, the HacknMod logo and other HacknMod trademarks, service marks, and product and service names are trademarks of HacknMod (the "HacknMod Marks"). HacknMod and HacknMod are trademarks of HacknMod. All other names and designs may be trademarks of their respective owners. Without HacknMod’ prior permission, you agree not to display or use in any manner, the HacknMod Marks.
Choice of Law and Forum. The TOS and the relationship between you and HacknMod shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and HacknMod agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of HacknMod to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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.
No Right of Survivorship and Non-Transferability. You agree that your HacknMod account is non-transferable and any rights to your HacknMod I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. VIOLATIONS OF TERMS
Please report any violations of the Terms to the HacknMod Support Manager at info@hacknmod.com.