modSanctum is owned and operated by modSanctum LLC and T.I.M.E. a nonprofit 501(c)(3) organization. Mod Sanctum LLC. Provides the website platform and technology while TIME runs the day to day operations of the organization. Read additional information on our corporate structure and our future plans for modSanctum and TIME.
While we hope everyone has a good time here, we recognize that unfriendly people and lawyers exist, and so we’re required to publish Terms of Service to protect both you and us.
These Terms of Service (“Terms”) govern our relationship with you as a user of modSanctum’s website (“Services”). By using our Services, you agree to the Terms. If you do not agree with the Terms, please do not use our Services.
The Services that modSanctum provides are always evolving and may change from time to time without prior notice to you. We reserve the right to change the Terms that govern our Services at any time. By using the Services, you automatically agree to any revisions of these Terms.
Individuals under age 13 are not allowed to create an account or use our Services. Individuals under age 18 may use the Services, but only with prior consent of a parent or legal guardian, provided the parent or legal guardian has reviewed and discussed these Terms with you before you begin using the Services. By using the Services, you represent, warrant, and agree that:
If you are using the Services on behalf of a business or other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
To use most Services we offer, you need to create an account. You are responsible for any activity that occurs in your account and for keeping your account secure. You can, for example, use two-factor authentication and a strong password that you don’t use for any other account. If you think that someone has gained access to your account, please let us know immediately via the form on the Policies & Guidelines page. You agree not to:
modSanctum grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use our Services. This license is for the sole purpose of using and enjoying our Services in a way that these Terms and our policies allow. You may not use the Services in ways that are not authorized by these Terms, or assist anyone else in doing so.
modSanctum (and its licensors) own the Services (excluding content provided by users), including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and related intellectual property rights.
Our Services allow you to create, upload, download, post, send, receive, and store content, including video game modifications (“Mods”). When doing so, you retain whatever ownership rights in that content you had to begin with, while granting us a license to use that content. You can delete your content at any time, including individual files.
For all content you submit to our Services, you grant modSanctum a non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to host, process, store, cache, use, display, reproduce, publish, modify, analyze, transmit, and distribute that content in any and all media or distribution methods now known or later developed. This means, for example, that if you upload a Mod on modSanctum, you give us permission to store, display, and share it with other users.
This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. NOTHING IN THIS SECTION GRANTS MOD SANCTUM A RIGHT TO EDIT THE CONTENT OF YOUR MODS OR CLAIM ANY OWNERSHIP OF YOUR MODS.
While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone remain responsible for the content you create, upload, post, send, or store through the Services.
We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, or over, your content.
We appreciate feedback and suggestions. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions, without compensating you, and without any restriction or obligation to you.
You are responsible for your use of our Services, for any content you post to our Services, and for any consequences thereof. Most content you submit, post, or display through our Services is public by default and will be able to be viewed by other users and through third party services and websites.
You may not use our Services, or assist anyone else in using the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to our Services, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service, and grant the rights and licenses contained in these Terms for your content.
Much of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. While modSanctum reserves the right to review or remove all content that appears on our Services, due to the volume of content, we do not necessarily review all of it. We cannot and do not guarantee that other users or the content they provide through the Services will comply with our Terms or Community Guidelines.
modSanctum honors copyright laws, including the Digital Millennium Copyright Act, and takes reasonable steps to promptly remove from our Services any infringing material that we become aware of. If modSanctum becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, please report it using DMCA form on the Policies & Guidelines page.
By using our Services, you agree not to do any of the following, or encourage any other user to do any of the following:
We encourage you not to publicly reveal any personally identifying information while using our Services. You can learn how your information is handled when you use our Services by reading the Privacy Policy located on our Policies & Guidelines Center.
You understand that through your use of our 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 modSanctum.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt out from receiving.
By using our Services, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies modSanctum makes available on its Policies & Guidelines page in order to maintain the safety of the Services.
If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties, including law enforcement, and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
Certain Services may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services, each party’s terms will govern the respective party’s relationship with you. modSanctum is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
By using our Services, you acknowledge and agree that modSanctum is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless modSanctum, our affiliates, directors, officers, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by modSanctum; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.
The services are provided “as is”, “as available”, and to the extent permitted by law, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while we attempt to provide a satisfactory user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; (c) that any content, user content, or information you obtain on or through the services will be timely or accurate; or (d) that any content you download will not result in harm to your computer system, loss of data, or other harm that results from your access to or use of our Services or any content located on our Services.
modSanctum does not take responsibility or assume liability for any content that you, another user, or a third party creates, uploads, downloads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for.
To the maximum extent permitted by law, modSanctum and its directors, employees, affiliates, licensors, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) the conduct or content of other users or third parties on or through the Services; or (c) unauthorized access, use, or alteration of your content, even if we have been advised of the possibility of such damages. In no event will our aggregate liability for all claims relating to the services exceed the greater of $100 USD or the amount you paid us in the twelve months preceding the date of the activity giving rise to the claim.
You and modSanctum agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and modSanctum are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the terms in this paragraph) shall be decided by the arbitrator, except as expressly provided below.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three. The specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and modSanctum. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and modSanctum.
You and modSanctum waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and modSanctum are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and modSanctum over whether to vacate or enforce an arbitration award, You and modSanctum waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Notwithstanding any other provision of this Agreement, the arbitration procedures in this section, or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor modSanctum are entitled to arbitration. Instead all claims and disputes will be resolved in a court as set forth in this section.
Any rights and limitations set forth in this section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this section.
You may opt out of the arbitration procedures in this section. If you do so, neither you nor modSanctum can force the other to arbitrate. To opt out, you must notify modSanctum in writing no later than 30 days after first creating an account and accessing the Services. Your notice must include your name and address, your modSanctum username and the email address you used to set up your modSanctum account, and an unequivocal statement that you wish to opt out of the arbitration procedures in this section. You must email the opt-out notice to [email protected].
Notwithstanding the foregoing, either you or modSanctum may bring an individual action in small claims court. The arbitration procedures specified in this section will survive the termination of your relationship with modSanctum.
To the extent that these Terms allow you or modSanctum to initiate litigation in a court, both you and modSanctum agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Western District of Texas.
Except to the extent they are preempted by U.S. federal law, the laws of Texas, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms, including published guidance on the Policies & Guidelines page, make up the entire agreement between you and modSanctum, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.
If you have any comments, questions, or concerns, please visit our Policies & Guidelines Center or contact [email protected].
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