TERMS AND CONDITIONS OF USE FOR THE MODMODS.COM WEBSITE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

OWNERSHIP

This website (the “Website”) is owned and managed by Metro International UK Ltd (“Metro”).

Unless specifically stated otherwise, Metro is not responsible for the information relating to Metro on the Website and makes no warranty in respect of its timeliness, accuracy or availability.

 

LEGAL AGREEMENT

By entering the Website, and/or any page accessible on this site you accept and acknowledge that you are bound by the terms and conditions set out below, without limitation, modification or qualification (the “Terms”). If you do not wish to be bound by the Terms you should not access or use the Website.

These Terms should be read in conjunction with the Privacy Policy as well as any additional terms that we have indicated should apply to a section of the Website, all of which shall apply as though set out here in full. By accepting these Terms, you also accept the Privacy Policy.

Metro may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

Please in any event signify that you accept the Terms by clicking I ACCEPT at the foot of the page.

 

REGISTRATION AND MEMBERSHIP

You represent and warrant that you are entitled to enter into this contract. Persons under 13 years old are not entitled to use this Website. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

You are solely responsible for choosing your username and password. Please consider carefully what information you choose to be made part of your public profile on the Website. You must keep this password and user name strictly confidential and they may only be used by you as a single user to access secure parts of the Website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur through use of your password or account. You agree (a) immediately to notify Metro of any unauthorised use of your password or account or any other breach of security, (b) to ensure that you exit from your account at the end of each session, and (c) to take all reasonable security measures in relation to your use of such sections of the Website.

Metro reserves the right to refuse or terminate service, including membership, at its sole discretion.

 

YOUR UPLOADED CONTENT

All content posted or otherwise uploaded must comply with the PHOTOGRAPHY RULES here.

You warrant that you own all of the content and information that you post on the Website. You grant to Metro, free of charge, permission to use any content you upload (or any part of such content) in any way and for whatever purpose (including the right to modify and adapt it) in and on any media anywhere in the world and the right to grant others permission to do the same and in all cases without attribution to you.

You confirm that any content posted or uploaded is your own original work or you have permission of the owner and that you have the right to give Metro the permission described above.

You agree that you have elected to post or otherwise upload content and certain personal details (as selected in the MEMBERSHIP SECTION) at your sole discretion and that Metro has no control over the content, accuracy, or completeness of such material. You are solely responsible for any claims or allegations contained or in respect of any material posted or otherwise uploaded.

You agree not to post or otherwise upload material (including in personal information) to the Website which:

  • is contrary to the PHOTOGRAPHY RULES.
  • is considered likely to offend, provoke, harass, attack or cause unwanted attention or discomfort to others;
  • is obscene, racist, sexist, homophobic, is discriminatory in any way, sexually explicit, abusive or otherwise objectionable;
  • contains swear words or other language likely to offend;
  • breaks any applicable laws or condones or encourages unlawful or unsafe activity, including the infringement of another person’s intellectual property rights (including the portrayal of counterfeit or fake goods);
  • reveals confidential information of a person who has not permitted its disclosure;
  • advertises products or services or contains any form of spam;
  • is produced by or for any commercial or corporate organisation (this Website is only for use by individuals acting in a personal capacity and not as part of a business);
  • includes material which defames or is likely to defame another person or which is otherwise untrue;
  • is submitted as an impersonation, imitation, satirisation or mockery of someone else;
  • includes the personal contact details such as phone numbers, postal or email addresses of you or any other person; or
  • contains links to other websites.

Metro reserves the right to refuse to feature, or to remove, any content posted or submitted by you and including (without limitation) for the reasons set out above in its absolute discretion, at any time and without notice, and without providing an explanation to you for its decision.

 

USING THE WEBSITE

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide Metro with any optional information requested.

You agree not to:

  • impersonate another person or use a false name, identity, origin, email address or contact details or those which you are unauthorised to use, or try to mislead us or others as to identity or origin of any communications;
  • modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
  • make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
  • damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
  • use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse;
  • publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
  • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
  • falsify the true ownership of software or other material or information contained in a file made available via the Website;
  • obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

You undertake to Metro that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful. You agree to indemnify Metro, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

 

INTELLECTUAL PROPERTY RIGHTS

Save for content placed on the Website by you, the Website, and all the information and graphic representations or images on it (“Content”), are owned by, or licensed to Metro. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Metro or its licensors.

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

Without Metro’s written consent, you may not use, transfer, copy or reproduce any part of the Content, the website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

 

TAKE DOWN POLICY

If you believe any Content on the Website is in breach of any of these Terms and/or infringes another person's intellectual property rights please notify us as soon as possible through pressing the "Flag as inappropriate" on the site. Please provide the information on why you believe it breaches these Terms.

Please provide the following details:

    • A description of the work which is in breach of these Terms (and if possible a URL)
    • In the case of copyright infringement a description or evidence of the work infringed (e.g.a URL).
    • Your contact details (including name, email address and telephone number).
    • If you are a copyright owner objecting to the unauthorised use of your copyright material in a post on the Website, you should include the following statement:

"I confirm that the information provided in this correspondence is correct and that the use described has not be authorised by the owner of the relevant intellectual property rights."

LIABILITY DISCLAIMER

You agree that you use the Website entirely at your own risk.

In preparing the Website, Metro has endeavoured to offer current, correct and clearly expressed information. However, Metro cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

Metro makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Website for any purpose. Metro expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.

The Website may contain advertisements. Metro is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.

Metro shall not be liable for any damages whatever including (but without limitation), damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, negligence, or otherwise, without limitation, even if Metro has been advised of the possibility of damage. Nothing in this clause shall restrict or exclude liability of Metro which may not be lawfully restricted under applicable law (including (but without limitation) liability for death or personal injury caused by its own negligence).

If you are dissatisfied with any portion of the Website, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Website.

Metro reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

 

AVAILABILITY

Metro reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.

 

VIRUS PROTECTION AND COMPATIBILITY

While certain precautions have been taken to detect computer viruses and ensure security, Metro can not guarantee that the Website is virus-free and secure.

Metro shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Metro does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

 

LINKS TO THIRD PARTY SITES

The website contains links to websites operated by parties other than Metro (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. Metro has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without Metro’s written consent.

 

TERMINATION

Metro may restrict or suspend your access to the Website without prior notice to you where:

  • there is a regulatory or statutory change limiting the ability to provide access to the Website;
  • there is any event beyond the reasonable control of Metro preventing Metro from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
  • Metro considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

 

GENERAL

Metro reserves the right to monitor and track your visits to the Website. Please see Metro’s Privacy Policy, in particular in relation to use of cookies.

A failure or delay by Metro in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

If any provision of these Terms is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and Metro as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

English law governs these terms and conditions. You hereby irrevocably submit to the non-exclusive jurisdiction of the English courts.

 

COPYRIGHT AND TRADE MARK NOTICES:

All contents of the website are: © Metro International UK Ltd 2012

I ACCEPT