| Language: |
We use mod.io to support user-generated content in-game. By clicking "Accept" you agree to the mod.io Terms of Use and a mod.io account will be created for you (using your display name, avatar and ID).
Mod.io Terms of use:
1. Agreement with mod.io
1.1. Your use and access of mod.io's Services is subject to these mod.io Terms of Use (Terms of Use). You are not permitted to use the Services if you don't accept these Terms of Use. If you use mod.io's Services as an EU consumer, several clauses of these Terms of Use may only apply to you as modified in clause 16 below.
1.2. With regard to the Services and other agreements you may conclude hereunder, you are contracting with mod.io Pty Ltd, 164 Kings Way, South Melbourne VIC 3205 Australia, legal@mod.io.
1.3. The "Services" means the services that mod.io Pty Ltd (ACN 628 999 039) (and its Associates, as defined by the Corporations Act 2001) (we, us, our, mod.io) operates and makes available to users (you) through the mod.io website, API, the SDK, official engine plugins and tools and any related services.
1.4. Children under the age of 13 years (or the legally required age in your country) are prohibited from using the Services without a parent's or legal guardian's consent. By agreeing to these Terms of Use, you warrant that you are over the age of 13 years and that you are lawfully allowed to enter into binding contracts in your home state, province or country.
1.5. mod.io grants you a non-exclusive, non-transferable licence to access and use the Services subject to you complying with these Terms of Use.
1.6. You agree to be bound by these Terms of Use when you use the Services including when you:
access or use the Services;
create a mod.io user account (User Account);
are logged in to your User Account; or
otherwise deal with the Services.
1.7. You agree that the mod.io Payment and Revenue Sharing Terms found at https://mod.io/payments (Payment Terms) and the Acceptable Use Policy found at https://mod.io/aup (Acceptable Use Policy) are incorporated into these Terms of Use and by agreeing to be bound by these Terms of Use, you agree to be bound by the Payment Terms and Acceptable Use Policy.
1.8. Any breach of the Payment Terms or Acceptable Use Policy is a breach of these Terms of Use.
1.9. We may need to update these Terms of Use at any time for the future. If we do, we will give you notice of the updates by email and publishing them our website and you will have 30 calendar days to terminate your agreement with us to use the Services without incurring any costs. If you do so, the previous version of these Terms of Use continues to apply for the remaining part of the 30 calendar days period. If you do not exercise your termination right, the changes in these Terms of Use will be binding.
2. Privacy
Our Privacy Policy describes what we do with the information you provide to us when you use the Services. Some of the information you may provide us with when combined may personally identify you. Please review the Privacy Policy found at https://mod.io/privacy (Privacy Policy) in conjunction with these Terms of Use.
3. Content on the Services
You acknowledge and agree that any use or reliance on any content or materials that you view or obtain through using the Services is at your own risk.
3.1. You acknowledge and agree that:
All Content (as defined below) displayed on the Services may be publicly available.
mod.io does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, communications or opinions expressed on the Services;
You may be exposed to content that may be offensive, harmful, inaccurate or inappropriate, or postings that have been mislabelled or are deceptive;
We may not monitor or control the content posted on the Services and we do not take responsibility for such content.
We can remove any Content from the Services at any time for any reason.
Any reliance you place on any information, including without limitation any content or User Generated Content (as defined below) on the Services is at your own risk.
3.2. We provide a system on the Services for you to report Content available at https://mod.io/report, which will flag it to mod.io and the Relevant Game Developer for review and removal. Any removal of reported Content is at the reasonable discretion of the Relevant Game Developer in the first instance and then by mod.io.
3.3. The "Relevant Game Developer" means the game developer that developed the game that the Content or User Generated Content (as defined below) relates to.
4. Your Conduct
4.1. mod.io permits you to use the Services subject to you agreeing that:
you will comply with all applicable laws; and
you will comply with the mod.io Acceptable Use Policy and any other mod.io terms that govern online conduct and User Generated Content.
5. Your Account
5.1. To use some of our Services, you may need to create a User Account.
5.2. You agree to link a display name and avatar with your User Account. You acknowledge that your mod.io ID, display name and avatar linked to your User Account will be displayed with all your user activity (User Account Information), including anything you post or share on the Services, including all User Generated Content (as defined below).
5.3. You are not permitted to use as a display name or avatar, the name or image of another person or entity or that is not lawfully available for use, a name, trademark or image that is subject to any rights of another person or entity without appropriate authorization, or a name or image that is otherwise offensive, vulgar or obscene.
5.4. You agree that you are responsible for all activities that are culpably carried out using your User Account, this includes any Content that you create and post, including all User Generated Content.
5.5. You agree that you are responsible for safeguarding the authentication method you use to access your User Account and agree not to disclose this authentication method to any third party.
5.6. You must notify us immediately if you are aware of any breach of security or unauthorized use of your User Account.
5.7. Your User Account Information must be accurate, complete and current at all times. Using incorrect User Account Information may constitute a breach of these Terms of Use.
5.8. You may change your User Account Information and settings using your profile control panel available at https://mod.io/members/settings.
6. User Generated Content
6.1. The Services enable User Account holders to create, post, link, store, share, upload and make available content, information, text, graphics, videos, files, mods, guides, reports, comments, tools, plugins, libraries, SDKs, fan sites and any other materials (Content). Any Content uploaded by User Account holders using the Services is User Generated Content (User Generated Content).
6.2. By posting or creating User Generated Content using the Services you acknowledge and agree that:
You grant mod.io and the Relevant Game Developer a perpetual, non-revocable, non-exclusive worldwide right to use, reproduce, process, modify, create derivative works from, distribute, transmit, transcode, translate, and otherwise communicate and display and distribute all such User Generated Content on the Services (License). The License authorizes us to make your User Generated Content and any derivative works of your User Generated Content publicly available through the Services including for broadcast, distribution, promotion or publication on other media for users of our Services to use, share and access. Nothing herein shall restrict mandatory local copyright law applicable to you.
The License includes the right for mod.io and the Relevant Game Developer to use User Generated Content to provide, promote and improve the Services and gameplay. The Licence however is limited insofar as mod.io will only have the right to modify or create derivative works of your User Generated Content for the purpose of making it compatible for use or distribution with our Services or user interface, and mod.io and the Relevant Game Developer may make modifications as it deems necessary or desirable to enhance gameplay.
User Generated Content is publicly available information which is shared with other users, other third parties and is made available through the mod.io API and you bear the risks involved with such public disclosures.
Your User Account Information and User Generated Content will be shared with the Relevant Game Developer.
Subject to any agreement you have with the Relevant Game Developer, you retain all rights to the User Generated Content, and you are responsible for protecting those rights.
The Relevant Game Developer retains all of its intellectual property rights, copyright and trademarks associated with the User Generated Content including its logos, branding, icons, screenshots, names, descriptions and tags, and data (Game Data).
mod.io and/or the Relevant Game Developer may remove, moderate, manage, delete, modify, limit access and change the User Generated Content and Game Data on the Services at any time without notice to you.
You can delete any of your User Generated Content from the Services at any time, however mod.io does not warrant or guarantee that it can or will be removed from any other location.
mod.io is under no obligation to monitor the accuracy or reliability of your User Generated Content that you post.
mod.io is not responsible for any User Generated Content that you post.
6.3. By posting User Generated Content to the Services, you represent and warrant that the User Generated Content:
is yours or you have the right to use it and grant us the License; and
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and
complies with the mod.io Acceptable Use Policy.
7. mod.io Marketplace
7.1. The Services may enable you to subscribe to use and access and trade (if applicable) other users' User Generated Content on our marketplace by being granted a subscription licence (UGC Subscription). UGC Subscriptions may incur a fee.
7.2. UCG Subscriptions are subject to the Relevant Game Developer's authorization and the Relevant Game Developer is responsible to provide reasonable support services.
7.3. At the Relevant Game Developer sole discretion, you may be able to licence access to your User Generated Content to other users (UGC Sale) or trade your UGC Subscription to other users (UGC Trade) or sponsor or be sponsored by another user (Sponsorship) in the mod.io marketplace for a fee.
7.4. All payments on the Services are governed by our Payment Terms.
7.5. The Services are not designed to provide qualitative advice about the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence for all UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships made through the Services.
7.6. mod.io makes no representations or warranties in relation to any UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships and you agree that any participation in any UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships is at your own risk.
7.7. You acknowledge and agree that the Services or the Relevant Game Developer may cease authorising UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships in the marketplace at any time without notice. You agree that mod.io has no liability to you because of your inability to access or use UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships.
8. Accessibility, Changes and Inaccuracies
8.1. The Services are provided on an "as is" and "as available" basis and "with all faults".
8.2. mod.io does not guarantee the availability, accuracy or completeness of any information or the Services at any time.
8.3. mod.io does not warrant that:
the Services will function uninterrupted, securely or be available at any time or location;
the Services will be error free or that any errors will be corrected;
any information on the Services including without limitation any content or User Generated Content is complete, accurate, reliable or suitable for any purpose;
the Services are free from viruses or other harmful components; or
the Services will meet your requirements.
8.4. You acknowledge and agree that without prior notice to you mod.io may:
change or update information, correct errors, inaccuracies or omissions at any time; or
undertake maintenance of the Services from time to time and during such time, some or all of the Services may be compromised or unavailable as necessary for the maintenance activities.
8.5. When making such changes, mod.io will try to take steps minimise changes that may adversely impact your use of the Services but it does not guarantee that the Services will not be adversely impacted.
9. Copyright
9.1. We respect the intellectual property rights of others. We, as an Australian company, are bound by the Australian Copyright Act 1968 (Cth) and recognise the Digital Millennium Copyright Act of 1998 (DMCA), which lays out a system of legal requirements for dealing with allegations of copyright infringement. mod.io complies with the DMCA, and we and/or the Relevant Game Developer may respond to notices of alleged infringement if they comply with the law. We also respect other mandatory local copyright law that may be applicable to you.
9.2. We reserve the right to delete or disable any User Generated Content alleged to be infringing, and to terminate User Accounts for repeat infringers at our reasonable discretion.
9.3. If you believe that your User Generated Content has been copied in a way that constitutes copyright infringement, please report this by using our copyright reporting form at https://mod.io/report or by contacting us at copyright@mod.io with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
9.4. Please allow us 30 calendar days to investigate your complaint, after which we will contact you to attempt to resolve the issue. Your right to make use of your statutory rights related to local copyright law shall not be affected by anything herein.
10. Intellectual Property
10.1. Everything displayed on the Services is mod.io's property or property that mod.io has been licenced, assigned or has the right to use (Services Intellectual Property).
10.2. The Services Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Services Intellectual Property for any other purpose than as permitted under these Terms of Use or any other terms agreed between you and mod.io.
10.3. You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Services Intellectual Property, you will be in breach of these Terms of Use and we will suffer loss and damage.
11. Links to other games and websites
11.1. As a convenience, the Services may contain links to third-party websites, games, applications, tools or services that mod.io does not own or control.
11.2. You acknowledge and agree that mod.io has no control over and does not endorse the content, privacy policies, or practices of any third party websites, games, applications, tools or services.
11.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, games, applications, tools or services that you visit.
12. Termination
12.1. We may terminate or suspend your User Account immediately, without prior notice or liability unless required by mandatory local law, also if you materially or repeatedly breach these Terms of Use.
12.2. Either party's statutory right to terminate this agreement or cause remains unaffected.
12.3. You acknowledge and agree that the Relevant Game Developer may terminate your access and use of the Services associated with their game at any time.
12.4. You can terminate your User Account at any time by following the instructions in the Privacy Policy https://mod.io/privacy to delete your account.
12.5. Upon termination of your User Account, your right to use the Services will immediately cease.
12.6. You acknowledge and agree that all of the following provisions survive termination to the extent applicable to you, clauses 6, 10, 12, 13 and 14.
13. Indemnity and Limitation of Liability
13.1. You agree to indemnify mod.io, our successors and assigns, for any damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your use of the Services, your culpable breach of these Terms of Use, any applicable law or the rights of a third party.
13.2. You acknowledge and agree that to the maximum extent permitted by law:
mod.io will not be liable to you for any loss including any liability, cost, expense, including legal costs on a full indemnity basis, claim, proceeding, action, demand or damage (Loss) arising in connection with your use of the Services including without limitation any lack of availability, defects, interruptions, lost data, loss of profits or limitation of the Services whatsoever.
mod.io will not be liable for any damages you suffer as a result of using the Services, including without limitation resulting from UGC Subscriptions, UGC Sales, UGC Trades, Sponsorships, distributing, downloading, uploading or posting any content including User Generated Content from the Services.
mod.io will not be liable to you or any third party under any circumstances for any indirect, incidental or consequential Loss or damages sustained or incurred whether such liability arises directly or indirectly as a result of the reliance on any content, goods or services available on or through any third party websites, games, applications, tools or services, supply, performance, payment or use of the Services.
13.3. Where any Australian law implies a warranty into these Terms of Use which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon mod.io for a breach of Warranty will be limited to a refund subject to our Payment Terms.
14. Exclusions
14.1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Please also see clause 16.7 for EU consumers.
14.2. Services supplied to You by mod.io may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
15. General
15.1. These Terms of Use are governed in accordance with the law of Victoria, Australia. Any disputes will be in the jurisdiction of Victoria, Australia.
15.2. Unless otherwise stated, these Terms of Use constitute the entire agreement and supersede and replace any prior agreements between us relating to the subject matter of these Terms of Use.
15.3. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.
15.4. If any provision in these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
16. Terms applicable to EU consumers
16.1. Instead of clause 1.4, the following applies to you: You only may use mod.io's Services if you are over the age of 16 years or do so with a parent's or legal guardian's consent. mod.io may require proof of age and/or the consent of a parent or legal guardian before entering into an agreement with you.
16.2. The acknowledgements and agreements listed in clause 3 do not apply to you except for clauses 3.1(a) and (e).
16.3. In order to create a User Account, you can supply your email address on the mod.io website "sign in" page or in-game if supported, which will result in you being sent an email to confirm your account creation and acceptance of these Terms of Use. By clicking the confirmation link provided in the email or by entering the security code in the email, you offer to enter into a user agreement with us. If we accept your offer, your account will be created.
As an alternative on the mod.io website, you can choose to sign in with any of the supported third party accounts such as your Steam or Facebook account. After you have verified your third party account, you will be asked to confirm your email address and acceptance of these Terms of Use. By clicking the "I agree" or equivalent button, you offer to enter into a user agreement with us. If we accept your offer, your User Account will be created.
As an alternative in-game, the creation of a User Account can be initiated by the game developer, when they prompt you to confirm your acceptance of these Terms of Use. By clicking the "I agree" or equivalent button, you offer to enter into a user agreement with us. If we accept your offer, your User Account will be created.
16.4. In order to conclude agreements on UGC Subscriptions, UCG Sales or UCG Trades, you need to click the available "subscribe" or equivalent button on the mod.io website or in-game if supported (your offer). If free of charge, we accept your offer immediately and the requested item will be automatically added to your User Account. If a fee applies you will be prompted to purchase the item for the advertised price using one of the supported payment methods. If you choose to complete the payment flow, the requested item will be automatically added to your User Account.
16.5. You have a statutory withdrawal right with regard to agreements concluded with us on paid Services. In such cases, please note the following information.
Information on withdrawal
Right of withdrawal
You have the right to withdraw from this agreement within fourteen (14) calendar days without giving reasons. The withdrawal period shall be fourteen (14) calendar days from the day on which this agreement has been concluded.
In order to exercise your withdrawal right, you must notify us, mod.io Pty Ltd, 164 Kings Way, South Melbourne VIC 3205 Australia, legal@mod.io, of your decision to withdraw from this agreement. You can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you post or otherwise send the notification that you make use of your withdrawal right before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs arising from your choice of a different delivery method to the low-cost standard delivery offered by us), immediately and no later than fourteen (14) calendar days from the date on which we receive notification of your withdrawal from this agreement. For this repayment, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you, in no case you will be charged for this repayment.
For the purposes of withdrawal, the following sample withdrawal form can be filled out and returned to us. Please note that the withdrawal can be declared in another way as well.
Sample withdrawal form
To
mod.io Pty Ltd
164 Kings Way
South Melbourne
VIC 3205 Australia
or
legal@mod.io
Ordered on __________________________________
Name of the consumer(s) __________________________________
Address of the consumer(s) __________________________________
Signature of the consumer(s) (only in case of communication on paper)
Date __________________________________
(*) Delete as applicable
Pursuant to European Law, your withdrawal right is (for example) not applicable where (i) an agreed Service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgment that he will lose his withdrawal right once the agreement has been fully performed by us, or (ii) the supply of digital content not being supplied on a physical medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his withdrawal right.
16.6. Statutory liability law for defects applies and shall not be restricted by anything herein. Clause 7.6 and sentence 2 in clause 7.7 do not apply to you. Clauses 8.1 to 8.3 only apply to you with regard to Services provided free of charge.
16.7. Clauses 13.2 and 13.3 do not apply to you. Instead, with regard to paid Services, mod.io shall be liable for your damages, which are caused by mod.io, its legal representatives or vicarious agents that
are based on deliberate acts or gross negligence;
are based on culpable damages against life, body or health; or
were caused by culpable violations of obligations necessary to enable the proper fulfilment of an agreement users may rely on regularly (cardinal obligations). In this case the liability is limited to the predictable agreement-typical damages.
With regard to Services free of charge, the liability of mod.io is limited to the maximum extent permitted by local law.
Liability according to product liability law or damages based on mod.io's violations of an issued guarantee remain unaffected.
In all other cases, mod.io's liability shall be excluded.
16.8. Clause 15.1 does not apply to you. Consumers within the European Union shall be subject to the law of their respective place of residence if this is mandatory consumer law.
16.9. The European Commission provides an online dispute resolution platform ("ODR platform"). The ODR platform is designed to help consumers and businesses to reach an out-of-court settlement in case of problems. We are not willing nor obliged to participate in dispute resolution through the ODR platform. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show
17. Contact us
If you have any questions about these Terms of Use, please contact us:
By email: legal@mod.io
By post: mod.io - 164 Kings Way, South Melbourne VIC 3205 Australia
By visiting this page on our website: https://mod.io/contact
Mod.io Privacy Policy:
1. Introduction
1.1. mod.io Pty Ltd, 164 Kings Way; AU 3205 South Melbourne, Australia (ACN 628 999 039) (and its Associates, as defined by the Corporations Act 2001) (mod.io, we, us, our) operates the mod.io website, API, the SDK, official engine plugins and tools and any related services (Services).
1.2. We provide this Privacy Policy (Privacy Policy) to ensure that you understand your rights and obligations about your personal data when using our Services.
1.3. We collect the minimum amount of directly or indirectly personally identifiable information required to provide and improve our Services (Personal Data).
1.4. mod.io respects everyone's rights and privacy and is committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Regulation (EU) 2016/679 General Data Protection Regulation (GDPR) principles, the California Consumer Privacy Act of 2018 (CCPA) and any applicable laws and regulations relating to the controlling, processing, privacy, and use of Personal Data in connection with this Privacy Policy and protecting any Personal Data that we hold.
1.5. Your Personal Data will not be shared or disclosed other than as described in this Privacy Policy. We do not sell your Personal Data.
1.6. This policy sets out:
what Personal Data we collect and use
what our legal basis is for collecting Personal Data
how we collect Personal Data and why
how we use cookies
what happens if we can't collect your Personal Data
how we may disclose your Personal Data and share it through the Services
what third party service providers we use
how we use third party payment processors
how long we retain Personal Data and how we make sure it is secure
what your rights are about your Personal Data
how you can complain about privacy breaches
how to contact us
1.7. We may, from time to time, review and update this Privacy Policy, including taking into account new or amended laws, new technology and/or changes to our operations. All Personal Data that we hold will be governed by the most recently updated Privacy Policy. We will give you notice of any revised Privacy Policy by email and/or publishing them on our website.
1.8. Children under the age of 13 years are prohibited from using the Services. We will not knowingly collect Personal Data from a child under the age of 13. If the country you're in requires a higher age of consent for the collection of Personal Data, mod.io requires the consent of a parent or guardian prior to the provision of that Personal Data.
2. What Personal Data does mod.io collect and use?
2.1. We may collect information that could be considered Personal Data in combination with other information.
2.2. This includes:
your display name;
your email address;
your country (language and timezone preference);
your birthday;
your avatar;
your IP address or device ID;
details of what you have purchased using our Services;
third party services user IDs (e.g. Steam, Google, Facebook);
data you give us directly through enquiries; and
any other information relating to you that you provide to us directly through the Services.
3. What is our legal basis and purpose for collecting and processing Personal Data?
3.1. Unless otherwise agreed, we are the data controller of any Personal Data that you directly provide to us. mod.io collects and processes Personal Data in a fair and in a transparent manner. mod.io will only collect and process your Personal Data for the following reasons:
where you have consented to our collection and use of your Personal Data; and/or
where we are required to collect and use your Personal Data to provide you with the Services that we have contractually agreed to provide to you in the most effective way; and/or
where it is necessary for our legitimate interest for the purposes set out in this policy, unless this legitimate interest is outweighed by your individual interests; and/or
to comply with the law.
3.2. The above reasons determine what Personal Data we collect, how we collect it, how it is stored, who has access to it and what rights you have. Where we base the processing on our legitimate interest, we describe this interest in this Privacy Policy.
4. How does mod.io collect and use Personal Data and why?
4.1. We may collect your Personal Data from you:
when you create any mod.io account (User Account);
when you use the Services;
when you consent for third parties to send us your information;
during any communications between you and us; and
when you make any purchases through the Services.
4.2. We may collect and use your Personal Data to set up your mod.io User Account. Your User Account is automatically assigned a number (the "mod.io ID") that is later used to reference your User Account along with any display name or avatar linked to your User Account. We do not require you to provide your real name to setup your User Account you can use a display name of your choosing that you can change at any time.
4.3. We may collect and use your Personal Data from third parties. Where, and if, this happens, you will be informed of such collection. This may happen when you authenticate your mod.io User Account in-game or via an application or third party using the Services.
4.4. You may connect your mod.io User Account with a social networking service or gaming platform on PC, console and mobile such as Facebook, Google, Steam, Xbox, iOS and others. If you do this, they may send us information from those accounts. We may receive your user ID, email address, country, age range, display name, avatar and other information, as far as this information is publicly available on the platform.
4.5. We may collect information automatically when you interact with the Services. This may include your IP address, device ID, browser type, browser version, the time and date of your visit, the time spent on pages and other diagnostic data.
4.6. We may use your Personal Data to contact you with updates, news or promotional materials and other information that may be of interest to you. You can opt out of receiving these communications from us any time by following the unsubscribe link in any email we send to you.
4.7. We may collect and use your Personal Data if you submit or send it to us through your communications with us. For example, your posts, comments, responses or enquiries when using the Services.
4.8. We do not sell or share your Personal Data with marketing companies or advertising providers.
5. How do we use "cookies" and other usage information?
5.1. We may collect and use your Personal Data to monitor your usage of our Service to customise your experience.
5.2. We may use cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data).
5.3. We may send a "cookie" (which is a small summary file containing a unique ID number) to your device. This enables us to recognise your device and may automatically log you in to your User Account. It also helps us keep track of products or services you view using the Services.
5.4. We may use cookies to better understand your user experience, measure traffic patterns, track user activity, to determine which areas of our Service have been visited, and to measure transaction patterns in the aggregate. We will only use cookies based on your consent, where the cookie is not technically necessary for the provision of our Service.
5.5. We may conduct research about our users demographics, interests and behaviors based on information collected as outlined in this clause 5. This research may be compiled and analyzed on an aggregate basis. For example as user statistics, to analyse trends, diagnose problems, control spam and improve quality of the Services (Aggregated Information). Any Aggregated Information is non-identifiable.
5.6. Some examples of cookies that we use:
Session cookies: we use session cookies to operate our Service and enable you to sign in to your mod.io User Account.
Preference cookies: we use preference cookies to remember your preferences and various settings.
Security cookies: we use security cookies, to control spam, verify data submission and other security purposes.
5.7. If you do not wish to receive technically necessary cookies, you can set your browser so that your device does not accept them. However, you may not be able to use some of our Services.
6. What happens if we can't collect your Personal Data?
6.1. You may choose to deal with us on an anonymous basis or use a pseudonym, we encourage you to not use your real name when creating a User Account.
6.2. If you do not provide us with Personal Data described in this Privacy Policy such as your email address, we may not be able to provide you with the Services you requested, either to the same standard, or at all.
7. How we may disclose your Personal Data and how we share information through the Services?
7.1. We may disclose your Personal Data as set out below for the purposes set out in clause 3:
to comply with a legal obligation including: the police, any relevant authority or enforcement body, if required by law, including if you have been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
to our related entities, employees and contractors;
to our licensees, third party service providers or third party payment processors, see below clauses 8 and 9;
to our developers, game partners and other third parties that use our Services we will disclose the information you select in your control panel (End User Information); and
If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide you with notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
7.2. You can manage access to your End User Information in your control panel.
7.3. We may disclose non-identifable data such as aggregated demographic information or useage patterns that we collect with our partners, developers, games, third party services and related entities to describe our Services or for other lawful purposes.
7.4. As we are an interactive, cross platform Service, much of our Services are publicly accessible on our platform and on third party platforms. The Services are designed to make information that is uploaded by end users available to third parties, websites, games, applications, tools, services and users that consume our Services.
7.5. We do not knowingly share your Personal Data through our Services, however we are unable to monitor content posted to the public platform, including any personally identifiable information that you chose to post or that is posted about you. You are informed that:
Any content that is posted to mod.io's platform as part of the Services is public information including: your avatar, display name, mod.io ID.
You can update your User Account privacy settings at any time to change or modify what User Account information is publicly accessible in your control panel https://mod.io/members/settings.
7.6. We have very limited control over how public information is reproduced or shared once it has been posted, particularly if it is published elsewhere online outside our direct control.
7.7. We encourage you to be careful about what you share online and on our Services. You should never share any Personal Data in a public forum including Personal Data of yourself or others.
7.8. If you believe your Personal Data has been shared throughout the Services and you do not have access to amend or remove it, contact us and we will attempt to resolve your concern.
8. What third party service providers may receive your Personal Data?
8.1. We may provide your Personal Data to third party service providers engaged by mod.io to perform functions on its behalf to deliver the Services effectively.
8.2. We may provide your Personal Data to third parties for the following purposes:
customer support for the use of the Services;
secure storage, management and back up;
website analytics;
process payments;
efficient communications between you and mod.io;
any other purposes so that we can effectively operate the Services.
8.3. We use some of the following third party service providers that may receive your Personal Data:
Amazon Web Services (AWS) (compute, storage and processing);
Microsoft Azure (compute, storage and processing);
Google Cloud Platform (GCP) (compute, storage and processing);
GSuite (support and communication); and
Google Analytics (analytics).
8.4. We have concluded standard contractual clauses with these providers and their privacy policies are located here:
AWS Data Policies: https://aws.amazon.com/compliance/data-privacy-faq/
Microsoft Azure Data Policies: https://www.microsoft.com/en-us/trust-center/privacy
GCP, Google Analytics and GSuite: https://www.google.com/intl/en/policies/privacy/
8.5. We will take reasonable steps to ensure that the overseas recipients of your Personal Data do not breach the privacy obligations relating to your Personal Data. If you are located in the European Economic Area (EEA), we will comply with the GDPR if we transfer Personal Data to a location outside the EEA. If we do this, we will use appropriate safeguards by entering into the required agreements using the standard clauses to protect any Personal Data being transferred. You may request a copy of the respective safeguards or agreements.
8.6. We will not transfer your Personal Data to a third party service provider or a country unless we believe they have reasonable and adequate controls in place including the security of your Personal Data. If you don't agree with your Personal Data being transferred to countries such as the United States of America, you may be unable to use the Services.
9. Our use of Third Party Payment Processors and Financial Information
9.1. We use third party payment processes to conduct online payments made through the Services in accordance with our Payment Terms https://mod.io/payments. We use:
Paypal: https://www.paypal.com/webapps/mpp/ua/privacy-full
Stripe: https://stripe.com/us/privacy
9.2. You can use the Services without disclosing your credit card or debit card number or billing details (Financial Information).
9.3. We will only collect Financial Information from you directly if required with your express knowledge and consent.
9.4. You may be required to provide your Financial Information to a third party payment processor.
9.5. If you make financial transactions (such as payment of invoices) we only use and retain any Financial Information to complete payments you initiate.
9.6. Any Financial Information that is collected is solely for the purpose of transaction approval and the transfer of funds.
10. Third Party Links And Websites
10.1. Our Services may contain links to other websites, games, applications, tools or services. This Privacy Policy only applies to our Services. If you click a link to other websites, games, applications, tools or services, we advise you to check the privacy policy and terms and conditions of those websites, games, applications, tools or services before using their services.
11. How long will we retain Personal Data and make sure it is secure?
11.1. We will retain Personal Data for so long as it may be relevant to the purpose it was collected for and while your User Account is active.
11.2. When disposing of Personal Data or other information on the Services, we may anonymize it, delete it or take other appropriate steps to make it non-personally identifiable. Data may persist in copies made for backup and business continuity purposes for additional time.
11.3. We take all reasonable steps to protect the Personal Data that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of data.
11.4. If you suspect any misuse or loss of, or unauthorised access to, your Personal Data, please let us know immediately.
11.5. If we suspect any misuse or loss of, or unauthorised access to, your Personal Data we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your Personal Data. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action to the appropriate data protection authority in accordance with the relevant privacy laws.
11.6. If we receive unsolicited Personal Data that we are not permitted to collect under this Privacy Policy, or within the confines of the law, we will destroy or de-identify the unsolicited Personal Data as soon as practicable if it is lawful and reasonable to do so.
11.7. We will destroy or de-identify your Personal Data if we no longer require it to deliver the Services as soon as practicable if it is lawful and reasonable to do so.
12. What are your rights about your Personal Data?
12.1. We believe that users should be treated equally no matter where they are so we extend the rights arising from the GDPR about Personal Data to all of our users of the Services, regardless of their location including:
the right to be informed - you have the right to be clear about what Personal Data is processed, who processes it and why.
the right to access - you have the right to request copies of any of your Personal Data that mod.io has collected. You can request this using the privacy tools https://mod.io/members/privacy provided in your profile.
the right to rectification - you have the right to request that mod.io correct any information you believe is inaccurate. You also have the right to request that mod.io complete information that you believe is incomplete.
the right to erasure - you have the right to request that mod.io erases your Personal Data. You can request deletion of your Personal Data using the privacy tools https://mod.io/members/privacy provided in your profile.
the right to restrict processing - you have the right to object to mod.io's processing of your Personal Data.
the right to data portability - you have the right to request that mod.io transfer the data we have collected to another organisation or directly to you.
12.2. You have the right to withdraw your consent at any time where we have relied on your consent to process your Personal Data.
12.3. You can update your User Account information by accessing your account settings https://mod.io/members/settings.
12.4. You can unsubscribe from certain emails by clicking the "unsubscribe" link they contain.
13. How can you complain about privacy breaches?
13.1. If you believe your privacy has been breached by us, have any questions or concerns about our Privacy Policy please, contact us using the email privacy@mod.io and provide details of the incident so that we can investigate.
13.2. We will treat your requests or complaints confidentially. We will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options about how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
13.3. You may always lodge a complaint with a supervisory authority.
14. Representation for data subjects in the EU and the UK
14.1. We value your privacy and your rights as a data subject and have therefore appointed Prighter as our privacy representative and your point of contact.
14.2. If you want to contact us via our representative Prighter or make use of your data subject rights, please visit: https://prighter.com/q/17857498494
15. Contact Us
15.1. If you have any questions about your Personal Data, this Privacy Policy or concerns or complaints, please contact us by:
email: privacy@mod.io
post: mod.io Pty Ltd - 164 Kings Way, South Melbourne VIC 3205 Australia
visiting this page on our website: https://mod.io/contact
Mod.io Terms of use:
1. Agreement with mod.io
1.1. Your use and access of mod.io's Services is subject to these mod.io Terms of Use (Terms of Use). You are not permitted to use the Services if you don't accept these Terms of Use. If you use mod.io's Services as an EU consumer, several clauses of these Terms of Use may only apply to you as modified in clause 16 below.
1.2. With regard to the Services and other agreements you may conclude hereunder, you are contracting with mod.io Pty Ltd, 164 Kings Way, South Melbourne VIC 3205 Australia, legal@mod.io.
1.3. The "Services" means the services that mod.io Pty Ltd (ACN 628 999 039) (and its Associates, as defined by the Corporations Act 2001) (we, us, our, mod.io) operates and makes available to users (you) through the mod.io website, API, the SDK, official engine plugins and tools and any related services.
1.4. Children under the age of 13 years (or the legally required age in your country) are prohibited from using the Services without a parent's or legal guardian's consent. By agreeing to these Terms of Use, you warrant that you are over the age of 13 years and that you are lawfully allowed to enter into binding contracts in your home state, province or country.
1.5. mod.io grants you a non-exclusive, non-transferable licence to access and use the Services subject to you complying with these Terms of Use.
1.6. You agree to be bound by these Terms of Use when you use the Services including when you:
access or use the Services;
create a mod.io user account (User Account);
are logged in to your User Account; or
otherwise deal with the Services.
1.7. You agree that the mod.io Payment and Revenue Sharing Terms found at https://mod.io/payments (Payment Terms) and the Acceptable Use Policy found at https://mod.io/aup (Acceptable Use Policy) are incorporated into these Terms of Use and by agreeing to be bound by these Terms of Use, you agree to be bound by the Payment Terms and Acceptable Use Policy.
1.8. Any breach of the Payment Terms or Acceptable Use Policy is a breach of these Terms of Use.
1.9. We may need to update these Terms of Use at any time for the future. If we do, we will give you notice of the updates by email and publishing them our website and you will have 30 calendar days to terminate your agreement with us to use the Services without incurring any costs. If you do so, the previous version of these Terms of Use continues to apply for the remaining part of the 30 calendar days period. If you do not exercise your termination right, the changes in these Terms of Use will be binding.
2. Privacy
Our Privacy Policy describes what we do with the information you provide to us when you use the Services. Some of the information you may provide us with when combined may personally identify you. Please review the Privacy Policy found at https://mod.io/privacy (Privacy Policy) in conjunction with these Terms of Use.
3. Content on the Services
You acknowledge and agree that any use or reliance on any content or materials that you view or obtain through using the Services is at your own risk.
3.1. You acknowledge and agree that:
All Content (as defined below) displayed on the Services may be publicly available.
mod.io does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, communications or opinions expressed on the Services;
You may be exposed to content that may be offensive, harmful, inaccurate or inappropriate, or postings that have been mislabelled or are deceptive;
We may not monitor or control the content posted on the Services and we do not take responsibility for such content.
We can remove any Content from the Services at any time for any reason.
Any reliance you place on any information, including without limitation any content or User Generated Content (as defined below) on the Services is at your own risk.
3.2. We provide a system on the Services for you to report Content available at https://mod.io/report, which will flag it to mod.io and the Relevant Game Developer for review and removal. Any removal of reported Content is at the reasonable discretion of the Relevant Game Developer in the first instance and then by mod.io.
3.3. The "Relevant Game Developer" means the game developer that developed the game that the Content or User Generated Content (as defined below) relates to.
4. Your Conduct
4.1. mod.io permits you to use the Services subject to you agreeing that:
you will comply with all applicable laws; and
you will comply with the mod.io Acceptable Use Policy and any other mod.io terms that govern online conduct and User Generated Content.
5. Your Account
5.1. To use some of our Services, you may need to create a User Account.
5.2. You agree to link a display name and avatar with your User Account. You acknowledge that your mod.io ID, display name and avatar linked to your User Account will be displayed with all your user activity (User Account Information), including anything you post or share on the Services, including all User Generated Content (as defined below).
5.3. You are not permitted to use as a display name or avatar, the name or image of another person or entity or that is not lawfully available for use, a name, trademark or image that is subject to any rights of another person or entity without appropriate authorization, or a name or image that is otherwise offensive, vulgar or obscene.
5.4. You agree that you are responsible for all activities that are culpably carried out using your User Account, this includes any Content that you create and post, including all User Generated Content.
5.5. You agree that you are responsible for safeguarding the authentication method you use to access your User Account and agree not to disclose this authentication method to any third party.
5.6. You must notify us immediately if you are aware of any breach of security or unauthorized use of your User Account.
5.7. Your User Account Information must be accurate, complete and current at all times. Using incorrect User Account Information may constitute a breach of these Terms of Use.
5.8. You may change your User Account Information and settings using your profile control panel available at https://mod.io/members/settings.
6. User Generated Content
6.1. The Services enable User Account holders to create, post, link, store, share, upload and make available content, information, text, graphics, videos, files, mods, guides, reports, comments, tools, plugins, libraries, SDKs, fan sites and any other materials (Content). Any Content uploaded by User Account holders using the Services is User Generated Content (User Generated Content).
6.2. By posting or creating User Generated Content using the Services you acknowledge and agree that:
You grant mod.io and the Relevant Game Developer a perpetual, non-revocable, non-exclusive worldwide right to use, reproduce, process, modify, create derivative works from, distribute, transmit, transcode, translate, and otherwise communicate and display and distribute all such User Generated Content on the Services (License). The License authorizes us to make your User Generated Content and any derivative works of your User Generated Content publicly available through the Services including for broadcast, distribution, promotion or publication on other media for users of our Services to use, share and access. Nothing herein shall restrict mandatory local copyright law applicable to you.
The License includes the right for mod.io and the Relevant Game Developer to use User Generated Content to provide, promote and improve the Services and gameplay. The Licence however is limited insofar as mod.io will only have the right to modify or create derivative works of your User Generated Content for the purpose of making it compatible for use or distribution with our Services or user interface, and mod.io and the Relevant Game Developer may make modifications as it deems necessary or desirable to enhance gameplay.
User Generated Content is publicly available information which is shared with other users, other third parties and is made available through the mod.io API and you bear the risks involved with such public disclosures.
Your User Account Information and User Generated Content will be shared with the Relevant Game Developer.
Subject to any agreement you have with the Relevant Game Developer, you retain all rights to the User Generated Content, and you are responsible for protecting those rights.
The Relevant Game Developer retains all of its intellectual property rights, copyright and trademarks associated with the User Generated Content including its logos, branding, icons, screenshots, names, descriptions and tags, and data (Game Data).
mod.io and/or the Relevant Game Developer may remove, moderate, manage, delete, modify, limit access and change the User Generated Content and Game Data on the Services at any time without notice to you.
You can delete any of your User Generated Content from the Services at any time, however mod.io does not warrant or guarantee that it can or will be removed from any other location.
mod.io is under no obligation to monitor the accuracy or reliability of your User Generated Content that you post.
mod.io is not responsible for any User Generated Content that you post.
6.3. By posting User Generated Content to the Services, you represent and warrant that the User Generated Content:
is yours or you have the right to use it and grant us the License; and
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and
complies with the mod.io Acceptable Use Policy.
7. mod.io Marketplace
7.1. The Services may enable you to subscribe to use and access and trade (if applicable) other users' User Generated Content on our marketplace by being granted a subscription licence (UGC Subscription). UGC Subscriptions may incur a fee.
7.2. UCG Subscriptions are subject to the Relevant Game Developer's authorization and the Relevant Game Developer is responsible to provide reasonable support services.
7.3. At the Relevant Game Developer sole discretion, you may be able to licence access to your User Generated Content to other users (UGC Sale) or trade your UGC Subscription to other users (UGC Trade) or sponsor or be sponsored by another user (Sponsorship) in the mod.io marketplace for a fee.
7.4. All payments on the Services are governed by our Payment Terms.
7.5. The Services are not designed to provide qualitative advice about the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence for all UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships made through the Services.
7.6. mod.io makes no representations or warranties in relation to any UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships and you agree that any participation in any UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships is at your own risk.
7.7. You acknowledge and agree that the Services or the Relevant Game Developer may cease authorising UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships in the marketplace at any time without notice. You agree that mod.io has no liability to you because of your inability to access or use UGC Subscriptions, UGC Sales, UGC Trades and Sponsorships.
8. Accessibility, Changes and Inaccuracies
8.1. The Services are provided on an "as is" and "as available" basis and "with all faults".
8.2. mod.io does not guarantee the availability, accuracy or completeness of any information or the Services at any time.
8.3. mod.io does not warrant that:
the Services will function uninterrupted, securely or be available at any time or location;
the Services will be error free or that any errors will be corrected;
any information on the Services including without limitation any content or User Generated Content is complete, accurate, reliable or suitable for any purpose;
the Services are free from viruses or other harmful components; or
the Services will meet your requirements.
8.4. You acknowledge and agree that without prior notice to you mod.io may:
change or update information, correct errors, inaccuracies or omissions at any time; or
undertake maintenance of the Services from time to time and during such time, some or all of the Services may be compromised or unavailable as necessary for the maintenance activities.
8.5. When making such changes, mod.io will try to take steps minimise changes that may adversely impact your use of the Services but it does not guarantee that the Services will not be adversely impacted.
9. Copyright
9.1. We respect the intellectual property rights of others. We, as an Australian company, are bound by the Australian Copyright Act 1968 (Cth) and recognise the Digital Millennium Copyright Act of 1998 (DMCA), which lays out a system of legal requirements for dealing with allegations of copyright infringement. mod.io complies with the DMCA, and we and/or the Relevant Game Developer may respond to notices of alleged infringement if they comply with the law. We also respect other mandatory local copyright law that may be applicable to you.
9.2. We reserve the right to delete or disable any User Generated Content alleged to be infringing, and to terminate User Accounts for repeat infringers at our reasonable discretion.
9.3. If you believe that your User Generated Content has been copied in a way that constitutes copyright infringement, please report this by using our copyright reporting form at https://mod.io/report or by contacting us at copyright@mod.io with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
9.4. Please allow us 30 calendar days to investigate your complaint, after which we will contact you to attempt to resolve the issue. Your right to make use of your statutory rights related to local copyright law shall not be affected by anything herein.
10. Intellectual Property
10.1. Everything displayed on the Services is mod.io's property or property that mod.io has been licenced, assigned or has the right to use (Services Intellectual Property).
10.2. The Services Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Services Intellectual Property for any other purpose than as permitted under these Terms of Use or any other terms agreed between you and mod.io.
10.3. You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Services Intellectual Property, you will be in breach of these Terms of Use and we will suffer loss and damage.
11. Links to other games and websites
11.1. As a convenience, the Services may contain links to third-party websites, games, applications, tools or services that mod.io does not own or control.
11.2. You acknowledge and agree that mod.io has no control over and does not endorse the content, privacy policies, or practices of any third party websites, games, applications, tools or services.
11.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, games, applications, tools or services that you visit.
12. Termination
12.1. We may terminate or suspend your User Account immediately, without prior notice or liability unless required by mandatory local law, also if you materially or repeatedly breach these Terms of Use.
12.2. Either party's statutory right to terminate this agreement or cause remains unaffected.
12.3. You acknowledge and agree that the Relevant Game Developer may terminate your access and use of the Services associated with their game at any time.
12.4. You can terminate your User Account at any time by following the instructions in the Privacy Policy https://mod.io/privacy to delete your account.
12.5. Upon termination of your User Account, your right to use the Services will immediately cease.
12.6. You acknowledge and agree that all of the following provisions survive termination to the extent applicable to you, clauses 6, 10, 12, 13 and 14.
13. Indemnity and Limitation of Liability
13.1. You agree to indemnify mod.io, our successors and assigns, for any damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your use of the Services, your culpable breach of these Terms of Use, any applicable law or the rights of a third party.
13.2. You acknowledge and agree that to the maximum extent permitted by law:
mod.io will not be liable to you for any loss including any liability, cost, expense, including legal costs on a full indemnity basis, claim, proceeding, action, demand or damage (Loss) arising in connection with your use of the Services including without limitation any lack of availability, defects, interruptions, lost data, loss of profits or limitation of the Services whatsoever.
mod.io will not be liable for any damages you suffer as a result of using the Services, including without limitation resulting from UGC Subscriptions, UGC Sales, UGC Trades, Sponsorships, distributing, downloading, uploading or posting any content including User Generated Content from the Services.
mod.io will not be liable to you or any third party under any circumstances for any indirect, incidental or consequential Loss or damages sustained or incurred whether such liability arises directly or indirectly as a result of the reliance on any content, goods or services available on or through any third party websites, games, applications, tools or services, supply, performance, payment or use of the Services.
13.3. Where any Australian law implies a warranty into these Terms of Use which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon mod.io for a breach of Warranty will be limited to a refund subject to our Payment Terms.
14. Exclusions
14.1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Please also see clause 16.7 for EU consumers.
14.2. Services supplied to You by mod.io may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
15. General
15.1. These Terms of Use are governed in accordance with the law of Victoria, Australia. Any disputes will be in the jurisdiction of Victoria, Australia.
15.2. Unless otherwise stated, these Terms of Use constitute the entire agreement and supersede and replace any prior agreements between us relating to the subject matter of these Terms of Use.
15.3. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.
15.4. If any provision in these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
16. Terms applicable to EU consumers
16.1. Instead of clause 1.4, the following applies to you: You only may use mod.io's Services if you are over the age of 16 years or do so with a parent's or legal guardian's consent. mod.io may require proof of age and/or the consent of a parent or legal guardian before entering into an agreement with you.
16.2. The acknowledgements and agreements listed in clause 3 do not apply to you except for clauses 3.1(a) and (e).
16.3. In order to create a User Account, you can supply your email address on the mod.io website "sign in" page or in-game if supported, which will result in you being sent an email to confirm your account creation and acceptance of these Terms of Use. By clicking the confirmation link provided in the email or by entering the security code in the email, you offer to enter into a user agreement with us. If we accept your offer, your account will be created.
As an alternative on the mod.io website, you can choose to sign in with any of the supported third party accounts such as your Steam or Facebook account. After you have verified your third party account, you will be asked to confirm your email address and acceptance of these Terms of Use. By clicking the "I agree" or equivalent button, you offer to enter into a user agreement with us. If we accept your offer, your User Account will be created.
As an alternative in-game, the creation of a User Account can be initiated by the game developer, when they prompt you to confirm your acceptance of these Terms of Use. By clicking the "I agree" or equivalent button, you offer to enter into a user agreement with us. If we accept your offer, your User Account will be created.
16.4. In order to conclude agreements on UGC Subscriptions, UCG Sales or UCG Trades, you need to click the available "subscribe" or equivalent button on the mod.io website or in-game if supported (your offer). If free of charge, we accept your offer immediately and the requested item will be automatically added to your User Account. If a fee applies you will be prompted to purchase the item for the advertised price using one of the supported payment methods. If you choose to complete the payment flow, the requested item will be automatically added to your User Account.
16.5. You have a statutory withdrawal right with regard to agreements concluded with us on paid Services. In such cases, please note the following information.
Information on withdrawal
Right of withdrawal
You have the right to withdraw from this agreement within fourteen (14) calendar days without giving reasons. The withdrawal period shall be fourteen (14) calendar days from the day on which this agreement has been concluded.
In order to exercise your withdrawal right, you must notify us, mod.io Pty Ltd, 164 Kings Way, South Melbourne VIC 3205 Australia, legal@mod.io, of your decision to withdraw from this agreement. You can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you post or otherwise send the notification that you make use of your withdrawal right before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs arising from your choice of a different delivery method to the low-cost standard delivery offered by us), immediately and no later than fourteen (14) calendar days from the date on which we receive notification of your withdrawal from this agreement. For this repayment, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you, in no case you will be charged for this repayment.
For the purposes of withdrawal, the following sample withdrawal form can be filled out and returned to us. Please note that the withdrawal can be declared in another way as well.
Sample withdrawal form
To
mod.io Pty Ltd
164 Kings Way
South Melbourne
VIC 3205 Australia
or
legal@mod.io
Ordered on __________________________________
Name of the consumer(s) __________________________________
Address of the consumer(s) __________________________________
Signature of the consumer(s) (only in case of communication on paper)
Date __________________________________
(*) Delete as applicable
Pursuant to European Law, your withdrawal right is (for example) not applicable where (i) an agreed Service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgment that he will lose his withdrawal right once the agreement has been fully performed by us, or (ii) the supply of digital content not being supplied on a physical medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his withdrawal right.
16.6. Statutory liability law for defects applies and shall not be restricted by anything herein. Clause 7.6 and sentence 2 in clause 7.7 do not apply to you. Clauses 8.1 to 8.3 only apply to you with regard to Services provided free of charge.
16.7. Clauses 13.2 and 13.3 do not apply to you. Instead, with regard to paid Services, mod.io shall be liable for your damages, which are caused by mod.io, its legal representatives or vicarious agents that
are based on deliberate acts or gross negligence;
are based on culpable damages against life, body or health; or
were caused by culpable violations of obligations necessary to enable the proper fulfilment of an agreement users may rely on regularly (cardinal obligations). In this case the liability is limited to the predictable agreement-typical damages.
With regard to Services free of charge, the liability of mod.io is limited to the maximum extent permitted by local law.
Liability according to product liability law or damages based on mod.io's violations of an issued guarantee remain unaffected.
In all other cases, mod.io's liability shall be excluded.
16.8. Clause 15.1 does not apply to you. Consumers within the European Union shall be subject to the law of their respective place of residence if this is mandatory consumer law.
16.9. The European Commission provides an online dispute resolution platform ("ODR platform"). The ODR platform is designed to help consumers and businesses to reach an out-of-court settlement in case of problems. We are not willing nor obliged to participate in dispute resolution through the ODR platform. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show
17. Contact us
If you have any questions about these Terms of Use, please contact us:
By email: legal@mod.io
By post: mod.io - 164 Kings Way, South Melbourne VIC 3205 Australia
By visiting this page on our website: https://mod.io/contact
Mod.io Privacy Policy:
1. Introduction
1.1. mod.io Pty Ltd, 164 Kings Way; AU 3205 South Melbourne, Australia (ACN 628 999 039) (and its Associates, as defined by the Corporations Act 2001) (mod.io, we, us, our) operates the mod.io website, API, the SDK, official engine plugins and tools and any related services (Services).
1.2. We provide this Privacy Policy (Privacy Policy) to ensure that you understand your rights and obligations about your personal data when using our Services.
1.3. We collect the minimum amount of directly or indirectly personally identifiable information required to provide and improve our Services (Personal Data).
1.4. mod.io respects everyone's rights and privacy and is committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Regulation (EU) 2016/679 General Data Protection Regulation (GDPR) principles, the California Consumer Privacy Act of 2018 (CCPA) and any applicable laws and regulations relating to the controlling, processing, privacy, and use of Personal Data in connection with this Privacy Policy and protecting any Personal Data that we hold.
1.5. Your Personal Data will not be shared or disclosed other than as described in this Privacy Policy. We do not sell your Personal Data.
1.6. This policy sets out:
what Personal Data we collect and use
what our legal basis is for collecting Personal Data
how we collect Personal Data and why
how we use cookies
what happens if we can't collect your Personal Data
how we may disclose your Personal Data and share it through the Services
what third party service providers we use
how we use third party payment processors
how long we retain Personal Data and how we make sure it is secure
what your rights are about your Personal Data
how you can complain about privacy breaches
how to contact us
1.7. We may, from time to time, review and update this Privacy Policy, including taking into account new or amended laws, new technology and/or changes to our operations. All Personal Data that we hold will be governed by the most recently updated Privacy Policy. We will give you notice of any revised Privacy Policy by email and/or publishing them on our website.
1.8. Children under the age of 13 years are prohibited from using the Services. We will not knowingly collect Personal Data from a child under the age of 13. If the country you're in requires a higher age of consent for the collection of Personal Data, mod.io requires the consent of a parent or guardian prior to the provision of that Personal Data.
2. What Personal Data does mod.io collect and use?
2.1. We may collect information that could be considered Personal Data in combination with other information.
2.2. This includes:
your display name;
your email address;
your country (language and timezone preference);
your birthday;
your avatar;
your IP address or device ID;
details of what you have purchased using our Services;
third party services user IDs (e.g. Steam, Google, Facebook);
data you give us directly through enquiries; and
any other information relating to you that you provide to us directly through the Services.
3. What is our legal basis and purpose for collecting and processing Personal Data?
3.1. Unless otherwise agreed, we are the data controller of any Personal Data that you directly provide to us. mod.io collects and processes Personal Data in a fair and in a transparent manner. mod.io will only collect and process your Personal Data for the following reasons:
where you have consented to our collection and use of your Personal Data; and/or
where we are required to collect and use your Personal Data to provide you with the Services that we have contractually agreed to provide to you in the most effective way; and/or
where it is necessary for our legitimate interest for the purposes set out in this policy, unless this legitimate interest is outweighed by your individual interests; and/or
to comply with the law.
3.2. The above reasons determine what Personal Data we collect, how we collect it, how it is stored, who has access to it and what rights you have. Where we base the processing on our legitimate interest, we describe this interest in this Privacy Policy.
4. How does mod.io collect and use Personal Data and why?
4.1. We may collect your Personal Data from you:
when you create any mod.io account (User Account);
when you use the Services;
when you consent for third parties to send us your information;
during any communications between you and us; and
when you make any purchases through the Services.
4.2. We may collect and use your Personal Data to set up your mod.io User Account. Your User Account is automatically assigned a number (the "mod.io ID") that is later used to reference your User Account along with any display name or avatar linked to your User Account. We do not require you to provide your real name to setup your User Account you can use a display name of your choosing that you can change at any time.
4.3. We may collect and use your Personal Data from third parties. Where, and if, this happens, you will be informed of such collection. This may happen when you authenticate your mod.io User Account in-game or via an application or third party using the Services.
4.4. You may connect your mod.io User Account with a social networking service or gaming platform on PC, console and mobile such as Facebook, Google, Steam, Xbox, iOS and others. If you do this, they may send us information from those accounts. We may receive your user ID, email address, country, age range, display name, avatar and other information, as far as this information is publicly available on the platform.
4.5. We may collect information automatically when you interact with the Services. This may include your IP address, device ID, browser type, browser version, the time and date of your visit, the time spent on pages and other diagnostic data.
4.6. We may use your Personal Data to contact you with updates, news or promotional materials and other information that may be of interest to you. You can opt out of receiving these communications from us any time by following the unsubscribe link in any email we send to you.
4.7. We may collect and use your Personal Data if you submit or send it to us through your communications with us. For example, your posts, comments, responses or enquiries when using the Services.
4.8. We do not sell or share your Personal Data with marketing companies or advertising providers.
5. How do we use "cookies" and other usage information?
5.1. We may collect and use your Personal Data to monitor your usage of our Service to customise your experience.
5.2. We may use cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data).
5.3. We may send a "cookie" (which is a small summary file containing a unique ID number) to your device. This enables us to recognise your device and may automatically log you in to your User Account. It also helps us keep track of products or services you view using the Services.
5.4. We may use cookies to better understand your user experience, measure traffic patterns, track user activity, to determine which areas of our Service have been visited, and to measure transaction patterns in the aggregate. We will only use cookies based on your consent, where the cookie is not technically necessary for the provision of our Service.
5.5. We may conduct research about our users demographics, interests and behaviors based on information collected as outlined in this clause 5. This research may be compiled and analyzed on an aggregate basis. For example as user statistics, to analyse trends, diagnose problems, control spam and improve quality of the Services (Aggregated Information). Any Aggregated Information is non-identifiable.
5.6. Some examples of cookies that we use:
Session cookies: we use session cookies to operate our Service and enable you to sign in to your mod.io User Account.
Preference cookies: we use preference cookies to remember your preferences and various settings.
Security cookies: we use security cookies, to control spam, verify data submission and other security purposes.
5.7. If you do not wish to receive technically necessary cookies, you can set your browser so that your device does not accept them. However, you may not be able to use some of our Services.
6. What happens if we can't collect your Personal Data?
6.1. You may choose to deal with us on an anonymous basis or use a pseudonym, we encourage you to not use your real name when creating a User Account.
6.2. If you do not provide us with Personal Data described in this Privacy Policy such as your email address, we may not be able to provide you with the Services you requested, either to the same standard, or at all.
7. How we may disclose your Personal Data and how we share information through the Services?
7.1. We may disclose your Personal Data as set out below for the purposes set out in clause 3:
to comply with a legal obligation including: the police, any relevant authority or enforcement body, if required by law, including if you have been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
to our related entities, employees and contractors;
to our licensees, third party service providers or third party payment processors, see below clauses 8 and 9;
to our developers, game partners and other third parties that use our Services we will disclose the information you select in your control panel (End User Information); and
If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide you with notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
7.2. You can manage access to your End User Information in your control panel.
7.3. We may disclose non-identifable data such as aggregated demographic information or useage patterns that we collect with our partners, developers, games, third party services and related entities to describe our Services or for other lawful purposes.
7.4. As we are an interactive, cross platform Service, much of our Services are publicly accessible on our platform and on third party platforms. The Services are designed to make information that is uploaded by end users available to third parties, websites, games, applications, tools, services and users that consume our Services.
7.5. We do not knowingly share your Personal Data through our Services, however we are unable to monitor content posted to the public platform, including any personally identifiable information that you chose to post or that is posted about you. You are informed that:
Any content that is posted to mod.io's platform as part of the Services is public information including: your avatar, display name, mod.io ID.
You can update your User Account privacy settings at any time to change or modify what User Account information is publicly accessible in your control panel https://mod.io/members/settings.
7.6. We have very limited control over how public information is reproduced or shared once it has been posted, particularly if it is published elsewhere online outside our direct control.
7.7. We encourage you to be careful about what you share online and on our Services. You should never share any Personal Data in a public forum including Personal Data of yourself or others.
7.8. If you believe your Personal Data has been shared throughout the Services and you do not have access to amend or remove it, contact us and we will attempt to resolve your concern.
8. What third party service providers may receive your Personal Data?
8.1. We may provide your Personal Data to third party service providers engaged by mod.io to perform functions on its behalf to deliver the Services effectively.
8.2. We may provide your Personal Data to third parties for the following purposes:
customer support for the use of the Services;
secure storage, management and back up;
website analytics;
process payments;
efficient communications between you and mod.io;
any other purposes so that we can effectively operate the Services.
8.3. We use some of the following third party service providers that may receive your Personal Data:
Amazon Web Services (AWS) (compute, storage and processing);
Microsoft Azure (compute, storage and processing);
Google Cloud Platform (GCP) (compute, storage and processing);
GSuite (support and communication); and
Google Analytics (analytics).
8.4. We have concluded standard contractual clauses with these providers and their privacy policies are located here:
AWS Data Policies: https://aws.amazon.com/compliance/data-privacy-faq/
Microsoft Azure Data Policies: https://www.microsoft.com/en-us/trust-center/privacy
GCP, Google Analytics and GSuite: https://www.google.com/intl/en/policies/privacy/
8.5. We will take reasonable steps to ensure that the overseas recipients of your Personal Data do not breach the privacy obligations relating to your Personal Data. If you are located in the European Economic Area (EEA), we will comply with the GDPR if we transfer Personal Data to a location outside the EEA. If we do this, we will use appropriate safeguards by entering into the required agreements using the standard clauses to protect any Personal Data being transferred. You may request a copy of the respective safeguards or agreements.
8.6. We will not transfer your Personal Data to a third party service provider or a country unless we believe they have reasonable and adequate controls in place including the security of your Personal Data. If you don't agree with your Personal Data being transferred to countries such as the United States of America, you may be unable to use the Services.
9. Our use of Third Party Payment Processors and Financial Information
9.1. We use third party payment processes to conduct online payments made through the Services in accordance with our Payment Terms https://mod.io/payments. We use:
Paypal: https://www.paypal.com/webapps/mpp/ua/privacy-full
Stripe: https://stripe.com/us/privacy
9.2. You can use the Services without disclosing your credit card or debit card number or billing details (Financial Information).
9.3. We will only collect Financial Information from you directly if required with your express knowledge and consent.
9.4. You may be required to provide your Financial Information to a third party payment processor.
9.5. If you make financial transactions (such as payment of invoices) we only use and retain any Financial Information to complete payments you initiate.
9.6. Any Financial Information that is collected is solely for the purpose of transaction approval and the transfer of funds.
10. Third Party Links And Websites
10.1. Our Services may contain links to other websites, games, applications, tools or services. This Privacy Policy only applies to our Services. If you click a link to other websites, games, applications, tools or services, we advise you to check the privacy policy and terms and conditions of those websites, games, applications, tools or services before using their services.
11. How long will we retain Personal Data and make sure it is secure?
11.1. We will retain Personal Data for so long as it may be relevant to the purpose it was collected for and while your User Account is active.
11.2. When disposing of Personal Data or other information on the Services, we may anonymize it, delete it or take other appropriate steps to make it non-personally identifiable. Data may persist in copies made for backup and business continuity purposes for additional time.
11.3. We take all reasonable steps to protect the Personal Data that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of data.
11.4. If you suspect any misuse or loss of, or unauthorised access to, your Personal Data, please let us know immediately.
11.5. If we suspect any misuse or loss of, or unauthorised access to, your Personal Data we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your Personal Data. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action to the appropriate data protection authority in accordance with the relevant privacy laws.
11.6. If we receive unsolicited Personal Data that we are not permitted to collect under this Privacy Policy, or within the confines of the law, we will destroy or de-identify the unsolicited Personal Data as soon as practicable if it is lawful and reasonable to do so.
11.7. We will destroy or de-identify your Personal Data if we no longer require it to deliver the Services as soon as practicable if it is lawful and reasonable to do so.
12. What are your rights about your Personal Data?
12.1. We believe that users should be treated equally no matter where they are so we extend the rights arising from the GDPR about Personal Data to all of our users of the Services, regardless of their location including:
the right to be informed - you have the right to be clear about what Personal Data is processed, who processes it and why.
the right to access - you have the right to request copies of any of your Personal Data that mod.io has collected. You can request this using the privacy tools https://mod.io/members/privacy provided in your profile.
the right to rectification - you have the right to request that mod.io correct any information you believe is inaccurate. You also have the right to request that mod.io complete information that you believe is incomplete.
the right to erasure - you have the right to request that mod.io erases your Personal Data. You can request deletion of your Personal Data using the privacy tools https://mod.io/members/privacy provided in your profile.
the right to restrict processing - you have the right to object to mod.io's processing of your Personal Data.
the right to data portability - you have the right to request that mod.io transfer the data we have collected to another organisation or directly to you.
12.2. You have the right to withdraw your consent at any time where we have relied on your consent to process your Personal Data.
12.3. You can update your User Account information by accessing your account settings https://mod.io/members/settings.
12.4. You can unsubscribe from certain emails by clicking the "unsubscribe" link they contain.
13. How can you complain about privacy breaches?
13.1. If you believe your privacy has been breached by us, have any questions or concerns about our Privacy Policy please, contact us using the email privacy@mod.io and provide details of the incident so that we can investigate.
13.2. We will treat your requests or complaints confidentially. We will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options about how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
13.3. You may always lodge a complaint with a supervisory authority.
14. Representation for data subjects in the EU and the UK
14.1. We value your privacy and your rights as a data subject and have therefore appointed Prighter as our privacy representative and your point of contact.
14.2. If you want to contact us via our representative Prighter or make use of your data subject rights, please visit: https://prighter.com/q/17857498494
15. Contact Us
15.1. If you have any questions about your Personal Data, this Privacy Policy or concerns or complaints, please contact us by:
email: privacy@mod.io
post: mod.io Pty Ltd - 164 Kings Way, South Melbourne VIC 3205 Australia
visiting this page on our website: https://mod.io/contact