Terms of Use - Mod DB

Last modified: May 18, 2018.
Effective date: May 25, 2018.
View our previous terms of use here.

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Indiedb.com and Moddb.com websites (the "Service(s)") operated by DBolical Pty Ltd ("us", "we", or "our").

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. You warrant that you are lawfully allowed to enter into binding contracts in your home state, province or country. Children under 13 are not permitted to use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by DBolical Pty Ltd and its affiliates. Please review the Privacy Policy in conjunction with these terms.

Content

Our Service allows you to post, link, store, share, upload and otherwise make available certain information, text, graphics, videos, files, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. This is particularly true of games, mods, addons and other downloadable Content, which are made available by third-party and unofficial providers via the Service. The installation of downloadable Content can affect existing games, applications and files you own. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

Your Rights

You retain all rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

By posting Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available worldwide. You agree that this license includes the right for DBolical Pty Ltd to provide, promote, and improve the Services and to make Content submitted to or through the Service available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

You represent and warrant that:

1. the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
2. the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Further, you warrant that:

1. the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
2. the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, encourage gambling, in breach of confidence or in breach of privacy;
3. the Content will not be advertising of any kind;
4. the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
5. the Content does not bring us or the Service into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

Copyright Policy

We respect the intellectual property rights of others. We are bound by the Australian Copyright Act, and also recognise the Digital Millennium Copyright Act, which lays out a system of legal requirements for dealing with allegations of copyright infringement. DBolical Pty Ltd complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting us at [email protected] 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).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Using the Services

You may not use our service for any unlawful purposes or in furtherance of illegal activities. By using the Service, you agree to comply with all applicable laws governing your online conduct and content. In particular:

• You must not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Service's availability, or that of any other computer system or network;
• You must not attempt to gain access to any account, computers or networks related to the Service without authorization;
• You must not attempt to obtain any data through any means from the Service, except if we intend to provide or make it available to you;
• You must not abuse, harass, stalk, threaten, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others in any form;
• You must not attempt to interfere with or inhibit another's person's use and enjoyment of the Service;
• You must not harvest or otherwise collect information about others, including email addresses;
• You must not create a false identity, multiple identities or impersonate another; and
• You must respect the personal data of our users.

Your Account

You may need to create an account to use some of our Services. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Purchases

If you wish to purchase any product or service (such as job ad) made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to our payment providers, is correct and complete.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.

Subscriptions

Some parts of the Service (such as ad free support) are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or DBolical Pty Ltd cancels it. You may cancel your Subscription renewal either through the payment provider used or by contacting us.

A valid payment method, is required to process the payment for your Subscription. You shall provide our payment providers with accurate and complete billing information they require to facilitate the payment. Their requirements can be found here (Paypal / Stripe). By submitting such payment information, you automatically authorize DBolical Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, your Subscription will not be automatically renewed at the end of your Billing Cycle.

Refunds

You can request a refund for a Purchase, within seven days from your date of Purchase. You can request a refund for an ongoing Subscription at any time. Your subscription will be cancelled and you will be paid a pro-rata refund amount based on the duration of the Subscription that remains.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Contests, Giveaways and Promotions

Any contests, giveaways or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by DBolical Pty Ltd.

DBolical Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that DBolical Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Australian Consumer Law including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

DBolical Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any disputes will be heard in the courts of that state under Australian law.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us:

• By email: [email protected]
• By post: DBolical Pty Ltd - 164 Kings Way, South Melbourne VIC 3205 Australia
• By visiting this page on our website: https://www.moddb.com/contact