Terms and Conditions

Last Updated: September 19, 2023

The following Terms and Conditions govern all usage of the modfay.com website, including all content, features, activities, and apps. Please read these Terms of Service carefully, as they form a legally enforceable agreement with the Privacy Policy and the Copyright or Intellectual Property Infringement Notification Policy, both of which are incorporated by reference herein in their entirety. You agree to be bound by the terms and conditions of this Agreement by using or accessing the Services. You may not access or use the Services if you do not agree to all of the terms and conditions of this Agreement. Individuals must be at least 16 years old to use the Services.

User-Generated Content

1. User-Generated Content

Prohibited Actions

You are solely responsible for your interactions with and use of the Services. You agree to refrain from doing any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive, or pornographic message, data, image, content, or program; (B) Upload or download files including software, data, pictures, Content, or other material protected by intellectual property laws, privacy and publicity rights, or any other legislation in force. (C) upload files with viruses or faulty data.

Responsibility of Users

You are solely responsible for the content of your User Submissions and any harm that may result from them. We are not responsible for any User Submissions made on the Services or any website linked to the Services, and we offer no express or implied warranty or assurance regarding the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

Non-Confidentiality of Your User Submissions

The Services are available to the public, and your User Submissions, as well as information about your identification that you give (such as your name, image, employer, and location), may be made public. Do not upload information to the Services that you consider confidential.

Unsolicited Email, Spamming & Spoofing

You may not use the Services to send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a fake return email address for any communications that you transmit from another location.

2. Links to Third-Party Websites

Third-party websites may be linked to through the Services. We are not responsible for the accuracy, availability, or reliability of any information, data, opinions, advice, or statements made accessible on Third-Party Websites. These links may also take you to Third-Party Websites that contain information that some people may find offensive or improper.

3. Notification of Copyright or Intellectual Property Violations

You are encouraged to notify modfay in accordance with its Copyright or Intellectual Property Infringement Notification Policy if you have reason to believe that any material or content made available on the site violates a copyright or another intellectual property right that you are the owner of, a beneficial owner of, or the exclusive licensee of. Our policy is to revoke the access rights of repeat infringers under the proper conditions.

4. Limitation of liability

In no event shall modfay be liable under any theory of law for any indirect, incidental, special, consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or the use or inability to use the services, or resulting from use of or reliance on the content, even if modfay may have been advised of the possibility of such damages.

5. Indemnification

When you violate this agreement or post or submit a user submission, you agree to indemnify, defend, and hold harmless modfay from any losses, expenses, damages, and costs, including reasonable attorneys’ fees (including, but not limited to, any infringement of the worldwide intellectual property rights or negligent or wrongful conduct).

6. Waiver and release

You acknowledge that no party shall be liable to you for the use of any apps, under any basis of liability or indemnity. You expressly agree that modfay is not responsible for any user-submitted content or any objectionable or unlawful behavior on the part of third parties, and that the risk of harm from the above is your responsibility. By signing this document, you relieve modfay from all liability for losses incurred as a result of your use of the services.

7. Arbitration Clause

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between persons who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may notify the other party in writing of any problem that cannot be settled during regular business operations.

8. Complete Agreement

This Agreement constitutes the entire agreement between you and us regarding your access to and use of the Services, and it supersedes any prior or contemporaneous written or oral agreements, communications, or other understandings on the subject. It also incorporates modfay’s privacy policy and copyright or intellectual property infringement notification policy. Except as provided in Section 12, this Agreement may not be amended either expressly or by implication. All contemporaneous oral agreements, as well as all earlier oral and written communications and understandings of the Parties with regard to the subject matter of this Agreement, are superseded by the contents of this Agreement.

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We appreciate you taking the time to read our privacy statement. We are committed to providing a secure and enjoyable experience while you use our Service. Protecting your privacy and winning your trust are essential principles for us. You agree that you have read and understand our Privacy Policy and our Terms of Service by selecting modfay. We are delighted to have you as a member of our community and look forward to working with you as we constantly enhance your experiences on our website. Please get in touch if you need help or have any questions.

Read More: Privacy Policy for Modfay Website