MODIFIER LOGO
MODIFIER GROUP
MODIFIER VFX ICON

Terms of Use
User License Agreement:
Usage Terms
Last Updated October 20, 2015.

This legal agreement between you (the User) and the Content Provider, governs your access to all Materials (the Website, Content, Downloadable Content, and Services), offered through the Website and its associated channels. By accessing the Materials (the Website, Content, Downloadable Content, and Services), and/or selecting I agree during a Transaction, you acknowledge that you have fully read and understood these terms and conditions, and expressly agree to be legally bound by this complete legal agreement. You expressly acknowledge that your use of the Materials (Website, Content, Downloadable Content, and Services) constitute a legally binding electronic signature and consent to this agreement, and that this signature replaces a physical paper signature.


A) Definitions

1) Materials
Refers to the Website, Content, Downloadable Content, Services, data and information provided and collected by the Content Provider.

2) Website
Refers to any site provided by the Content Provider.

3) Content
Refers to all materials, data, media, and files created, owned, published, and made available for access and/or download by the Content Provider including but not limited to all files, wallpapers, screensavers, videos, games, music files, written content, software, website content, and communications.

4) Downloadable Content
Refers to individual media files offered through the Website for download through a paid License. Downloadable Content may only be used for personal, non-commercial, non-transferable, non-sublicensable, revocable, private, per item use, on your single personal computer device.

5) Services
Refers to all services offered through the Website by the Content Provider, including the sale of Downloadable Content Licenses.

6) User
Refers to (you) -a single individual, that accesses the Materials, and/or purchases a Downloadable Content License through the Website.

7) Content Provider
Refers to the party providing the Materials to the User.

8) License
Refers to a one-time, limited right permission to access and download selected Downloadable Content items after payment. Licenses are issued per item, for personal, non-commercial, non-transferable, non-sublicensable, revocable, private use, to a single personal computer device.

9) Transaction
Refers to the User's purchase and payment for a License, and/or the Content Provider's order processing.


B) Conditions


1) General Conditions

a) Entire Agreement This agreement is the entire exclusive agreement between you and the Content Provider, and supersedes any other agreements, both express or implied. This agreement may be updated, amended, or modified at any time by the Content Provider without prior notice to you. This agreement is valid without the Content Provider's signature and becomes effective upon the User's access, use, download, or viewing of any Material that is property of the Content Provider. The User is the sole party allowed to access the Materials in accordance with this agreement.

b) Age Restrictions Users under the age of 18 must obtain their parent's or legal guardian's permission to use the Materials (Website, Content, Downloadable Content, and Services), and before disclosing personal information. You must obtain your parent or legal guardian's permission to use or access the Materials (Website, Content, Downloadable Content, and Services).

c) Equipment The User has the sole responsibility to provide all necessary and compatible equipment to access products and services, including, but not limited to: computers, compatible digital audio/video players, mobile devices, internet connection, download data rate limits. The Content Provider has no obligation to provide this equipment. The Content Provider is not responsible for any data limit overages and/or any fees imposed by the User's Internet Service Provider.

d) Materials and Objectionable Content The User acknowledges and accepts the sole risk that by using and/or accessing the Materials, the User may be exposed to materials that he or she may find objectionable, indecent, and/or offensive, and that may or may not be labeled as such.

e) Third-Party Websites and Content The User acknowledges that use and/or access to the Materials may contain third-party websites, advertisements, and/or content, and external links to such websites, advertisements, and content. The User expressly agrees that the Content Provider has no responsibility nor liability in verifying, evaluating, and/or examining, third-party websites, advertisements, and/or content in any form. The Content Provider is neither liable nor responsible in any form for the User's access and/or use of third-party websites, advertisements, and/or content, as well as external links to third-party websites, advertisements, and/or content.

f) Jurisdiction All terms and conditions of this legal agreement are governed by the laws of the State of Florida. The User agrees that United States law, and the laws of the State of Florida shall supersede any and all International laws, to be fully subject to such laws, regardless of the location where the User accesses the Materials. Any action or proceedings arising out of or related to this agreement must be brought in a state or Federal court located in Orange County, Florida.


2) Intellectual Property Ownership

This agreement does not provide the User with the express or implied permission to duplicate or reproduce any portions of the Website, Trademarks, Copyrights, Names, Brands, including but not limited to all Materials. The User agrees not to assign rights to third-parties, broadcast, create derivative works, compile, copy, display, disseminate, distribute, duplicate, file-share, include, lease, mashup, modify, perform, post, publish, publicly display, re-mix, rent, reproduce, re-sell, sample, sub-license, transfer, transmit, use for commercial purposes, upload, or otherwise propagate any portion of the Materials (Website, its Content, Downloadable Content, and Services) that are the property of the Content Provider, the Content Provider's name and intellectual property, or to allow third-parties to do the same, without the Content Provider's prior written permission. This agreement does not provide written, expressed, nor implied permission to engage in the above mentioned actions. The Content Provider remains the sole owner of all titles, rights, royalties, copyrights, trademarks, and interests in the Materials, media, Content, Downloadable Content, Property, and Website(s), including all communication with User and/or third-parties. The Content Provider does not grant you any express or implied right nor written permission to engage in the above actions, nor to any of its intellectual property, including but not limited to: Materials, copyrights, trademarks, and/or patents.


3) Warranty

a) General Warranty The Content Provider makes no express or implied warranties regarding the Materials in any form, including, but not limited to fitness for a particular use and/or merchantability. The Materials are offered in an As-is condition. The User assumes the sole responsibility and risk of loss for downloading and backing up Downloadable Content after a Transaction. The Content Provider does not provide implied or expressed warranties of any kind. The Content Provider does not have the responsibility to provide backup, replacement files, replace deleted or lost data, and/or additional access to Downloadable Content after a Transaction.

b) File Format and System Compatibility Files are delivered in formats selected by the Content Provider, and generated through a PC based application. As User hardware and software varies widely, Content Provider makes no guarantee or warranty for operating system compatibility, media device compatibility, file compatibility, or compressor audio/video/image quality. The User accepts the product in as-is condition and waives the right to contest its perceived or actual audio, visual, image and recording quality, fitness for a particular use, functionality, usability, and merchantability.


4) License Conditions

Only items included and paid for in your Transaction order may be downloaded into a single personal computer device or single media device you own. Licenses are issued per item, and do not entitle the User to download the entire Website's content catalog. Licenses may be revoked and/or terminated without notice, at the sole discretion of the Content Provider, including but not limited to the following reasons: the User breaches this agreement or the Service is no longer offered. In the event of license revocation and/or termination, you agree to immediately destroy all copies of Content, Downloadable Content, Files, and any material you obtained that are the property of the Content Provider, without the right to a refund, and waive the right to pursue any and all legal action or claim financial, personal, or any other costs associated with the Content Provider.

The User expressly agrees that all sales are final and that purchase transactions are non-refundable, non-exchangeable, and non-returnable. The User has the sole responsibility to provide accurate billing and download information for the delivery of content. The Content Provider has no responsibility for incorrect or incomplete data entry by the User, or to replace, exchange, or refund purchases for any reason. The use of Downloadable Content is licensed, not sold. The Content Provider retains copyright ownership of the Materials. The User does not acquire nor retain any copyright and ownership rights or interests to the Materials. Purchase of license does not provide the User with copyright and ownership rights or interests to the Materials.

The User is not granted a transfer of title, and may not engage in, nor allow third-parties to engage in any of the following actions in connection with the Content Provider's Materials: a) Both personal and commercial assigning of third-party rights, broadcast, creating derivative works, compilations, coping, displaying, dissemination, distribution, duplication, file-sharing, includes, leasing, mash-ups, modifications, performance, postings, publishing, publicly displaying, re-mixing, rentals, reproductions, re-sale, sampling, sub-licensing, transfer, transmission, use for commercial purposes, upload, or otherwise propagate any portion of the Materials. b) de-compile, reverse engineer, disassemble, modify, or create derivative works based on the Content Provider's Materials (Website, Content, Downloadable Content, and Services) in whole or in part; c) remove or modify any copyright or other Content Provider's proprietary notices in any form;

d) transfer the Content Provider's License and/or Materials to a third-party. e) Purchase of a License does not permit the User to engage in the above mentioned actions.


5) General Actions

The User expressly agrees to assume the sole risk to use and/or access the Materials. The User agrees to indemnify, hold harmless, and legally defend the Content Provider, its affiliates, agents, assignees, associates, employees, heirs, network service providers, relatives, parent companies, and subsidiaries from any and all causes of action, lawsuits, proceedings, actions, losses, damages, personal injury, litigation, complaints, and/or expenses claims, and all associated liabilities at the User's expense, in connection to, but not limited to: a) the transmission, submission, and/or storage of data to the Website; b) use, access and/or Licensing of any of the Content Provider's property, Materials, and data; c) exposure to viruses, harmful components, data breaches, data mining, hacking, spam, disruption of service, loss of data, loss of use, loss of service, data breaches, timely delivery of Downloadable Content, third-party actions, third-party websites and content, hardware and software damage, third-party access and use of data, offensive materials, data transmission rates, or for any other reasons; d) transactions and purchases; e) partial or complete breach of the Terms of this agreement, related policies, or any existing laws; f) third-party rights violations; g) personal injury, personal harm, medical treatment, medical costs, and/or death in association with use and/or access to Materials; h) any action by any party, including but not limited to the Content Provider, its affiliates, agents, assignees, associates, employees, heirs, network service providers, relatives, parent companies, and subsidiaries; i) any action by the User (you), your company, your associates, your agents, your heirs, assignees, or any third-party.

The User expressly agrees that the Content Provider, its agents, associates, employees, heirs, relatives, affiliates, subsidiaries, network service providers, parent companies, and assignees, are not liable to any User including but not limited to you, your company, your associates, your agents, your heirs, assignees, or third-parties, for any reason, regardless of cause and/or legal theory, including but not limited to, personal, compensatory, special, incidental, direct, indirect, exemplary, punitive, and/or consequential costs and/or damages, personal injury, attorney's fees, general fees, refunds, costs, errors or omissions, and/or any legal, physical, and/or compensation of any kind, associated and/or not associated with and/or resulting from this agreement and/or use of any of the Content Provider's property, Materials, shopping cart, data, materials, Transactions, and/or Licenses, and/or any other content created, owned, or published by the Content Provider. The User expressly agrees that the User shall be responsible for all expenses, costs, fines, penalties, settlements, attorney's fees, legal fees, dispute resolution costs, and court costs of both parties, without limitation. The Content Provider does not waive any rights in the event of a failure to enforce any instance of this agreement.


6) Severability

In the event that any condition, term, and/or portion of this agreement is found to be unenforceable, void, or invalid, for any reason, the condition, term, and/or portion shall be considered severable, and shall not invalidate the remainder of the agreement, which shall remain in full force in its entirety.


7) Transactions

The User expressly agrees that the completion of a credit card transaction online constitutes a legally binding electronic signature that fully authorizes payment for purchases, that this signature replaces a physical paper signature for purchases, and to fully pay for Transaction purchases. Due to the digital format of products, all sales are final and products are sold As-is. Price matching/protection related refunds are not available nor provided, and product availability and prices are subject to change at any time. The User agrees that all credit card billing transaction disputes are subject to a review and investigation fee of no less than $50 charged to the User, at the sole discretion of the Content Provider. Content Provider retains the sole discretion and right, to service refusal, account and/or order cancellation, and content editing, upload, and removal.


8) Usage

The Materials of the Content Provider may not be accessed through any other website other than the Content Provider's official Website. You agree that you will not perform or assist any action similar to or which is considered to be 'deep linking', active linking, via data mining, or any other source, hacking, any action not permitted in accordance with the terms of this agreement, or any illegal action or similar activity in accordance to any applicable laws of the State of California, United States laws, and International laws, including but not limited to using and accessing the Materials. Any costs associated with the breach or violation of the terms listed herein shall be the sole responsibility of the User.

All materials submitted by users are the sole responsibility of Users to ensure that all intellectual and third-party rights are protected, and the material does not violate any laws. The User hereby grants the Content Provider a nonexclusive, royalty-free, worldwide license to use all submitted User generated content, User materials, and/or User information at the Content Provider's sole discretion in any form without any compensation, notice, or obligation to the User.


9) Privacy

The User is advised that by accessing or using the Materials within or outside the United States, the User expressly agrees to be subject to United States laws regarding privacy data collection, and to the transfer and storage of the User's personal information to the United States.

Personally identifying User information, including but not limited to name, email address, billing information, login information, may be used for the purposes of conducting transactions, billing, communicating with the User, analytics, website development, and may be stored by the Content Provider and network service provider at the sole risk of the User. Common analytics data such as cookies and IP address may also be collected and stored during the User's interaction with the Website, Content, Downloadable Content, Services, and Shopping Cart.

During a transaction, third-party companies including credit card, merchant shopping cart, and merchant payment processing will require and process your personal and billing for the purposes of completing a Transaction. Each of these third-party groups have their own privacy and usage policies, and the Content Provider assumes no liability nor responsibility for third-party services, transactions, or actions.

The User agrees that the Content Provider has the right and may disclose any User information, without liability to the User, as required by law enforcement authorities, agencies, government entities, or third-parties that may be necessary in order to verify and enforce compliance with this agreement, to prevent unlawful use, and to protect and uphold the Content Provider's rights.

Google Analytics and Tracking data is collected for the purpose of understanding site preferences, user engagement, and web traffic. By using this website and materials you expressly agree to Google's terms of service and privacy policies. For more information regarding Google's policies and practices please visit www.google.com.


10) Health and Safety Notice


WARNING
DO NOT ATTEMPT ANYTHING YOU SEE ON OUR WEBSITES, MATERIALS, AND VIDEOS. THE VIDEOS AND MATERIALS ARE FOR ENTERTAINMENT PURPOSES ONLY AND FEATURE STUNTS PERFORMED BY ANIMATED CHARACTERS, PROFESSIONALS, AND/OR UNDER PROFESSIONAL SUPERVISION. THE USER EXPRESSLY AGREES THAT HE OR SHE WILL NOT ATTEMPT TO RECREATE OR RE-ENACT ANY STUNT OR ACTIVITY PERFORMED ON THE MATERIALS AND/OR MEDIA IN ANY FORM UNDER ANY CIRCUMSTANCES, NOR SUGGEST OR DIRECT THAT A THIRD-PARTY ENGAGE IN THE SAME.

The User expressly agrees to use the Materials at the User's sole risk. The User expressly agrees that the Content Provider is neither liable nor responsible for any health, physical, social, emotional, and/or mental distress, harm, death, and/or injury that may occur in connection with, or indirectly from the User's access and/or use of the Materials.

The User acknowledges that the Materials may feature flashing lights and/or patterns and the User assumes the sole risk of using, accessing, and viewing these Materials. A percentage of individuals may experience seizures, blackouts, nausea, dizziness, involuntary movements, altered vision, loss of awareness, loss of consciousness, tingling, numbness,, and/or other symptoms when exposed to flashing lights, images, and/or patterns, including but not limited to viewing videos or playing video games. Consult a physician immediately if you have suffered symptoms outlined above or similar, seizures and/or blackouts, or other health issues which may interfere with your ability to safely use and/or access the Materials.

PARENTS MUST MONITOR THEIR CHILDREN WHILE THEY USE OR ACCESS THE MATERIALS FOR ANY SYMPTOMS AND/OR HEALTH RELATED ISSUES. IMMEDIATELY DISCONTINUE USE OF THE MATERIALS IF YOU EXPERIENCE ANY DISCOMFORT AND SEEK IMMEDIATE MEDICAL ASSISTANCE. THIS NOTICE DOES NOT CONSTITUTE NOR REPLACE PROFESSIONAL AND MEDICAL ADVICE.


11) Notices

The User expressly consents and agrees to receive electronic communication and information from the Content Provider, and that all such electronic communications and information satisfy all legal requirements for written communications, information, and legal notices. The User expressly agrees that all communications that the User engages in and provides the Content Provider is neither proprietary nor confidential. The User expressly agrees that the Content Provider, its agents, associates, employees, heirs, relatives, affiliates, subsidiaries, network service providers, parent companies, and assignees, are neither liable nor responsible for any failure to send, receive, or reply to any communication, or any damages or costs in connection to any failure or lack of communication, action, or inaction in any form or part. Content Provider is not responsible for typographical errors, errors and omissions, and/or the accuracy of any information provided.

The submission of all notices as required by this Agreement must be made in writing and delivered via electronic mail.




MODIFIER GROUP ICON MODIFIER VFX ICON MODIFIER GAMES ICON

Copyright MODIFIER GROUP. All Rights Reserved.