Terms of Service
- any other person using the registered sections under your name; or
- access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
MCModKit shall not be responsible for any losses arising out of the unauthorized use of your email, password and/or account. MCModKit retains the sole right and authority to accept or reject your registration, or to terminate registration once accepted, for any reason that it deems appropriate.
We take every reasonable precaution to protect information from misuse, loss and unauthorized access. Although we cannot guarantee that users' information will not be subject to unauthorized access, we have put in place procedures to safeguard and secure the information we may collect. All employees are kept up to date on our security and privacy practices.
Errors, Corrects and Changes
We do not represent or warrant that the service will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may change the features, functionality or content of the service at any time. We reserve the right in our sole discretion to edit or delete any information or other content.
By posting images, messages, inputting data, or engaging in any other form of communication through the service, you agree that MCModKit may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the service or any of its other services or software and/or to respond to any legal requirement, claim or threat. If MCModKit’s use of such content exploits any proprietary rights you may have in such material, you agree that MCModKit has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You agree that any loss or damage of any kind that occurs as a result of the use of any images, messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the service is solely your responsibility. All rights not expressly granted to you in this Agreement are reserved to MCModKit and/or its licensors.
Third Party Content
Third party content may appear or may be accessible via links from the service. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the service. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
- any errors in or omissions from the service or any services or products obtainable therefrom,
- the unavailability or interruption of the service or any features thereof,
- your use of the service,
- the content contained on the service
- the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the service and/or the products, information, images and services provided herein or hereby shall not exceed $10 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
MCModKit reserves the right to modify, suspend, or discontinue the service (or any part thereof, including without limitation access to any of the content) at any time with or without notice to you, and MCModKit will not be liable to you or to any third party should such rights be exercised.
MCModKit may amend, update or supplement these Terms of Service. Any continued use of the service by the user will subsequently constitute acceptance of the Terms of Service (as amended). If the user does not agree with any amendments, updates or supplements, its only option is to terminate the account.
Governing Law and Jurisdiction
By accessing this service, you agree that all matters relating to your access to and use of this service and/or its products shall be governed by the statutes and laws of the State of Arizona, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Maricopa County, Arizona with respect to any such matters relating to your access or use of this service and/or its products.
This Agreement and any other terms or documents referred to herein represent your entire agreement with MCModKit with respect to your use of the service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of this Agreement shall remain in full force and effect. The laws of the State of Arizona, excluding its conflicts of law rules, govern this Agreement and your use of the service. You expressly agree that the courts in the State of Arizona, Maricopa County, have exclusive jurisdiction over any claim or dispute with MCModKit or relating in any way to your account or your use of the service. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in Maricopa County in connection with any such dispute including any claim involving MCModKit or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers. MCModKit’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. MCModKit is not responsible for its failure to fulfill any obligations due to causes beyond its control.
You understand and agree that your use of the service is solely at your own risk. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY BY MCMODKIT OR ITS AGENTS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, INCLUDING BUT NOT LIMITED TO MCMODKIT, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE MCMODKIT ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE MCMODKIT ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY MUSICLAB ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE MCMODKIT ENTITIES.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE SOFTWARE. MCMODKIT DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MCMODKIT DISCLAIMS ANY AND ALL LIABILITY THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
UNDER NO CIRCUMSTANCES SHALL ANY MCMODKIT ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL ANY MCMODKIT ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE (INCLUDING THE ERRORS OR OMMISSIONS OF ANY PRODUCT) OR INABILITY TO USE THE PRODUCTS, EVEN IF THE MCMODKIT ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE MCMODKIT ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US $10 IN THE AGGREGATE.