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MODRUNNER TERMS OF SERVICE

Last updated September 4, 2022

Introduction

Welcome to Modrunner ("Company", "we", "our", "us"). Modrunner consists of the Discord bot application ("Application") and the website ("Site"). Collectively, these make up the service ("Service").

These Terms of Service ("Terms", "Terms of Service", "TOS") govern your use of both the Application and the Site.

Our Privacy Policy also governs the use of our Services and explains how we collect, safeguard and disclose information that results from your use of our Serivces. Please read our Privacy Policy here.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge the you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or simply cannot comply with) these Agreements, then you may not use our Services, but please let us know by emailing us at [email protected] so we can try and find a solution that works for both of us. These Terms apply to all visitors, users, and others who wish to access or use our Services.

Thank you for being responsible.

Communications

By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may easily opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at [email protected].

Purchases

If you wish to purchase any product or service made available through our Services ("Purchase"), you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, expiration date, billing address and your shipping address.

You represent and warrant that:

  1. you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and that
  2. the information you supply is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By sumbitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for 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 unauthorized or illegal transaction is suspected.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions ("Promotions") made available through our Services may be governed by rules that are seperate from these Terms of Service. 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, Promotions rules will apply.

Prohibited Uses

You may use our Services only for lawful purposes and in accordance with our Terms. You agree not to use our Services:

  1. In any way that violates any applicable national or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any similar solitication.
  4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any person or entity.
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm or offend the Company or users of our Services or expose them to liabilty.

Additionally, you agree not to:

  1. Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party's use of our Services, including their ability to engage in real time activities through our Services.
  2. Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying of the material on our Services.
  3. Use any manual process to monitor or copy and of the material on our Services or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with proper working of our Services.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server(s) on which our Services are stored, or any server, computer, or database connected to our Services.
  7. Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify our Company's rating.
  9. Otherwise attempt to interfere with proper working of our Services.

Analytics

We may use third party Service Providers to monitor and analyze the use of our Services.

Simple Analytics - Simple Analytics is a privacy-centric website analytics service. We use it to gather insights about the usage and performance of our Site. For more information about the privacy practices of Simple Analytics, view their privacy policy here.

Intellectual Property

Our Services and their original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Error Reporting and Feedback

You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that:

  1. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
  2. The Company may have development ideas similar to the Feedback;
  3. Feedback does not contain confidential information or proprietary information from you or any third party; and
  4. The Company is not under obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include, but are not limited to, the folowing:

GitHub - GitHub is a code repository and collaboration platform with issue tracking support. More info is available here.

Data Sources

In order to show content on our Services, we retrieve data from various sources for display via our Services. By accessing our Services, you may be bound to the terms of service of the below providers.

CurseForge (Overwolf) - Their terms of service can be found here.

Modrinth - Their terms of service can be found here.

Our Services may contain links to third party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsiblity for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT MODRUNNER 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 THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of our Terms.

If you wish to terminate your account, you may simply discontinue using our Services.

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

Governing Law

These terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

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 Services and supercede and replace and prior agreements we might have had between us regarding our Services.

Changes to our Services

We reserve the right to withdraw or amend our Services, and any service or material we provide via our Services, in our sole discretion without notice. We will not be liable if for any reason all or part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or all parts of our Services, to users, including registered users.

Amendments to Our Terms

We may amend these Terms at any time by posting the amended Terms on this Site. It is your resopnsiblity to review this Terms periodically.

Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

Waiver and Severability

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extend such that the remaining provisions of the Terms will continute in full force and effect.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support: By email: [email protected]