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Terms of Service

Enforced: 30 December 2021
Modified: 20 May 2022 - 13:40:48

  1. Welcome
  2. Acknowledgement
  3. Definitions
  4. Service Provider
  5. Age Requirements
  6. Using Our Services
  7. Link to other Websites
  8. Termination
  9. Limitation of Liability
  10. "AS IS" Disclaimer

Welcome to FiveMods

Thank You for using Our products (“Products”), service (“Service”) and services (“Services”). The Services and Products are provided by FiveMods (“FiveMods”, “FiveMods.net”, “Company”, “Subsidary”, “We”, “Our” or “Us”) a product and service by Polary Labs (Polary Labs, PolaryLabs.com, “Parent”, “We”, “Our” or “Us”).


Part of the FiveMods Services and therefore Terms of Service applicable to these Services are the following domains



as well as all sub- and subdomains to the listed domains.


Part of the FiveMods Products and therefore Terms of Service applicable to these Products are the following names, domains and subdomains.



If you don’t live in the European Region, FiveMods is provided as FiveMods under these Terms of Service and Privacy Policy.


Understanding Our Terms is important because in order to provide Our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your agreement to our Terms of Service (“Terms”). You must accept these Terms to continue using Services provided by FiveMods or affiliates.




Acknowledgement

Our Terms governing the use of Our Services and Products. You and FiveMods. Our Terms set out the rights and obligations of all users regarding the use of Our Services.


Your access to and use of the Services and Products is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services and Products.


By accessing or using the Services or Products You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Services or Products.


Your access to and use of the Services and Products is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application, Services, Products or the Website and tells You about Your privacy rights and how the law protects You.


Besides these Terms, we also publish a Privacy Policy (EEA, United Kingdom, Switzerland). We encourage you to read it to better understand how you can update, manage, export and delete your information.


Supplemental Terms or documents that may be posted on Our Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms at any time and for any reason.


We will alert You about any changes by updating the “Last updated” date of Our Terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by Your continued use of the Services after the date such revised Terms are posted.


The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


IF YOU DO NOT AGREE WITH ALL OF OUR TERMS OF SERVICE, SO ARE YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, OUR SERVICES AND PRODUCTS. YOU MUST STOP THE USE IMMEDIATELY AND LEAVE ALL AFFILIATED PAGES AND SERVICES.




Definitions

For the purpose of a better understanding of our Terms of Service we provide a detailed information:


  • Affiliate

    An entity that is led or controlled by one of the FiveMods representatives or an additional person selected by both of the FiveMods representatives. Controlled by or is under common control with a party, where “control” means ownership of 50% or more of the share, equity interest, company, website, web service, service or product.

  • EEA

    European Economic Area

  • You

    means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  • Website

    refers to FiveMods, accessible from the domains listed above.

  • Third-party Social Media Service

    means any Services or content (including data, information, Products or Services) provided by a third-party that may be displayed, included or made available by the Service.

  • Device

    means any device that can access the Service such as a computer, a cell phone or a digital tablet.




Service Provider

In the European Economic Area (EEA), United Kingdom and Switzerland, FiveMods Services are provided by:


    FiveMods


    Mailboxde.com GmbH

    FiveMods, ID 191622

    Äussere Weberstr. 57

    02763 Zittau, Germany




Age Requirements

If you’re under the age required to manage your own FiveMods Account, you must have your parent or legal guardian’s permission to use a FiveMods Account. Please have your parent or legal guardian read these terms with you.


Age requirements to create and manage your own FiveMods Account follow our service providers and here used login services based on Discord Inc (“Discord”), Google LLC (“Google”), GitHub, Inc. (“GitHub”) and Discourse (“Discourse”).


Using the FiveMods login provider will require you to be at least 13 years old. By earning or spending money on our website, you must be at least 18 years old or obtain the consent of your legal guardian. You can find more information in our Payment Agreement .




Using Our Services

You must follow any policies made available to you within the Services or Products.




Links to other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by FiveMods or Our Affiliates.


FiveMods has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that FiveMods shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.


We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.




Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.


Terminating your access includes the removal of your account, if it exists, and your account will be banned or deleted.


Please note that in case of termination, your collected revenue will be deleted and your published modifications will be transferred to FiveMods. The creation of a DMCA is excluded with the use of the Website, Services and Products.


Upon termination, Your right to use the Service will cease immediately.




Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.


To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.


Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.




"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.


Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.


Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.