Terms of Use
The following Terms of Use will apply to the use of any uMod service beginning on August 23, 2018.
By accessing or using any services on/through uMod you undertake these Terms of Use.
1. Terms
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Obligations, Warranties and Representations
uMod has the right to terminate your account without notice at any time, if any representation or warranty specified hereinafter is untrue in any respect.
By accepting the Terms, the User warrants and represents the following:
- The User shall be the sole User of the Site, you shall maintain all logins and usernames confidential. Should any third person use your login and username, You shall be liable for any actions of such third person.
- The User has the legal capacity and authority to:
- enter into binding contracts of any nature; if you represent a legal entity, you represent and warrant that you are fully and legally authorized to act on behalf of this legal entity,
- undertake and fulfill these Terms,
- subscribe to and use the Service and the Site, including, where applicable, the buying, selling and listing of items, in accordance with these Terms.
- The User shall not use the Site for any purpose and in any way that is illegal in accordance with law applicable to these Terms and your home law, or prohibited by these Terms.
- All information supplied by You is true and accurate, including information submitted as part of the registration and subscription process.
- Not to use any data from the Site in third-party applications directly competing with uMod.
Any personal information, following which a natural person can be identified, shall be collected, used, or stored, in accordance with the Privacy Policy of uMod and in accordance with the applicable legal provisions.
The User agrees that any Goods might be removed from the Site by uMod at any time at its own discretion in accordance with applicable legal provisions.
3. Disclaimer of Warranties
uMod, its suppliers, and service providers, provide the services on an "as is" and "as available" basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringment, and warranties arising from a course of dealing, usage or trade practice. uMod, its suplliers, and service providers, do not warrant that the services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services.
4. Limitation of Liability
In no event shall uMod, its suppliers, or service providers, or their officers, members, directors, employees, contractors, or agents, be liable for any damages, or lost profits, or any special, indirect, punitive, incidental or consequential damages arising out of or in connection with the services or these terms, however arising, including negligence.
5. Indemnification
By entering into these Terms, the User undertakes to indemnify and hold harmless uMod, its employees, shareholders, directors, its suppliers and service providers, from any and all losses, damages, fines, penalties, governmental regulatory enforcement actions, and other costs (including reasonable attorney's fees and expenses) finally awarded or agreed to in connection with the adjudication or settlement of any claim, administrative proceeding, cause of action or lawsuit, resulting from any actions or failure to act, violation of these Terms, legal provisions, accident, incident, or mishap occurring anywhere for whatever cause, performed by or connected with the User.
6. Site Terms of Use Modifications
uMod may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Merchant Terms of Use
By selling digital goods on/through uMod you undertake the following Terms of Use. These terms are business to business contract, and the customer law shall not apply to these Terms and any relations between the User and uMod.
1. Obligations, Warranties and Representations
uMod has the right to terminate your account without notice at any time, if any representation or warranty specified hereinafter is untrue in any respect.
By accepting the Terms, the User warrants and represents the following:
- The User have the right to legally advertise, sell or otherwise distribute any and all your Goods, including, but not limited to, the Goods distributed on your Website or otherwise; you and/or the legal entity represented by have created and/or have obtained all licenses, permissions, agreements and other consents from the authors, inventors and any other holders of Intellectual Property Rights to the Goods or any part thereof; and that all sales and advertisements will be in compliance with applicable legal requirements, including, but not limited to, your products and services, and any your actions:
- Does not infringe any Intellectual Property Rights
- Does not infringe any rights or other persons
- Does not infringe any human rights
- Is in compliance with the applicable legal provisions, including, but not limited to, laws of advertising, competition, copyrights and related rights, etc.
- Is compatible with best practices applicable to your business or other activity.
- The User is prohibited to disseminate and distribute any of the following:
- Counterfeited and any other illegal products, including, but not limited to, those infringing any Intellectual Property Rights or other rights;
- Any illegal material, including, but not limited to, obscene material, any kind of pornography, offensive material, hate speeches, etc.;
- Any products that are obtained by illegal means.
2. Fees and Payments
By signing up on the Site, selling the Goods via uMod and using the Service, the User herein expressly agrees that, once any of the Goods are sold, the following fee (hereinafter – the "Fee") shall be deducted from the User's payment processor account:
- 5-20% (five to twenty percent) fee depending on the sellers rate, if the Goods are sold to a Customer by a User
- VAT fee, if the Goods are sold to a Customer eligible to VAT charges by a User