Terms of use
Terms of use
The website is protected by copyright and owned by. Some parts of the site may have their own guidelines or terms that will be published on the site.
All other terms, guidelines, and rules mentioned are included by reference in these Terms.
The Terms of Use outline the legally binding rules governing your use of the website. By accessing the site, you agree to abide by these terms and confirm that you are of legal age and have the ability to agree to them. You must be at least 18 years old to use the site. If you do not agree to all of these terms, do not access or use the site.
Access to the Site
According to these Terms, the Company gives you a limited license to access the Site for personal, noncommercial use that cannot be transferred or shared with others.
Some restrictions apply to the rights granted to you in these Terms: (a) you cannot sell, rent, lease, transfer, assign, distribute, host, or exploit the Site for commercial purposes; (b) you cannot modify, create derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you cannot use the Site to create a similar or competitive website; and (d) you cannot copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site unless expressly allowed. Any future updates or additions to the Site will also be subject to these Terms. Copyright and other proprietary notices on the Site must be maintained on all copies.
The Company has the authority to modify, suspend, or terminate the Site at its discretion, and you acknowledge that the Company will not be responsible for any consequences arising from these actions to you or any third party.
You agree that the company is not required to offer you any support or maintenance for the website.
You acknowledge that the Company and its suppliers own all intellectual property rights, such as copyrights, patents, trademarks, and trade secrets, in the Site and its content, excluding any User Content you provide. These Terms do not give you any rights to the intellectual property, except for the limited access rights specified in Section 2.1. The Company and its suppliers retain all rights not explicitly granted in these Terms.
User Content
User Content refers to any information and content that a user submits to the Site. It is the user's responsibility to manage their User Content and bear any associated risks. Users must ensure that their User Content complies with the Acceptable Use Policy. The Company does not sponsor or endorse User Content provided by users. Users may be liable for their User Content and should make backup copies if desired, as the Company is not obligated to backup or provide prior notice before deleting User Content.
You are giving Company permission to use your User Content in various ways on the Site, including reproducing, distributing, and displaying it. You are also allowing Company to create derivative works and incorporate your content into other works. Additionally, Company can grant sublicenses to others for these rights. By agreeing to this, you are giving up any moral rights or attribution claims related to your User Content.
Usage Policy: The rules outlined in our "Usage Policy" state that you are not allowed to use the website to post, share, or distribute any content that infringes on the rights of others, is illegal, harassing, abusive, threatening, or invasive of privacy, or contains vulgar, false, defamatory, or offensive material. This includes content that promotes racism, hatred, violence, or harm towards any individual or group, as well as material that is harmful to minors or violates any laws or regulations.
You also agree not to: upload or distribute software that can harm or change computer systems, send unsolicited advertising through the Site, gather information about other users without their consent, disrupt server networks, try to access the Site without permission, harass other users, or create multiple accounts using automation.
We have the right to examine all User Content, and to look into and/or take necessary measures against you at our own discretion if you breach the Acceptable Use Policy or any other terms outlined in this agreement, or if you cause any kind of liability for us or others. This action could involve altering or deleting your User Content, closing your Account as outlined in Section 8, and/or reporting you to law enforcement agencies.
If you give Company any feedback or suggestions about the Site, you are agreeing to give Company all rights to that feedback. Company can use and benefit from the feedback in any way it sees fit. Any feedback you provide to Company will not be kept confidential or proprietary.
By agreeing to these Terms, you promise to protect and defend the Company and its officers, employees, and agents from any claims or demands brought by third parties as a result of your use of the Site, violation of these Terms, breaking laws or regulations, or your User Content. The Company can take control of any legal matters related to these claims and you must cooperate with their defense. You cannot settle any claims without the Company's written consent. The Company will make reasonable efforts to inform you of any claims, actions, or legal proceedings as soon as they become aware of them.
Third-Party Links & Ads; Other Users
The Site may have links to third-party websites and show ads for third-party products or services. These links and ads are not controlled by the Company, and the Company is not responsible for them. The Company provides these links and ads for your convenience only and does not endorse or guarantee them. You should use these links and ads cautiously and at your own risk. When you click on them, you are subject to the terms and policies of the third party, including their privacy practices.
Additional users. Every individual user of the website is fully accountable for their own content. Since we do not have control over user-generated content, you understand and agree that we cannot be held accountable for any user-generated content, whether it is created by you or someone else. You acknowledge that the company will not be liable for any harm or loss resulting from these interactions. If there is a disagreement between you and another user of the site, we are not required to intervene.
By agreeing to this, you are releasing the Company and all related parties from any claims or disputes related to the Site, both now and in the future. If you are a California resident, you are also waiving any rights under California civil code section 1542, which states that a general release does not apply to claims that the creditor was unaware of at the time of the release.
Cookies and Web Beacons. KBMODS utilizes 'cookies' like many other websites. These cookies store details such as visitors' preferences and the pages they have visited on the site. This information is used to enhance the user experience by tailoring our webpage content to match visitors' browser type and other details.
The Google DoubleClick DART Cookie is used by Google, a third-party vendor on our site, to display ads to www.website.com visitors based on their browsing history on our site and other. Users have the option to opt out of DART cookies by visiting Google's ad and content network Privacy Policy at the provided URL – https://policies.google.com/technologies/ads
The advertisers on our website may utilize cookies and web beacons. The list of our advertising partners is provided below. Each of them has their own Privacy Policy regarding user data, which can be easily accessed by clicking on the hyperlinks provided.
https://policies.google.com/technologies/ads
Disclaimers
The website is offered "as is" and "as available," and the company and our suppliers explicitly disclaim any and all warranties and conditions, whether stated, implied, or required by law, including warranties of merchantability, fitness for a specific purpose, title, accuracy, or non-infringement. We and our suppliers cannot guarantee that the website will meet your needs, be available continuously, timely, secure, or error-free, or be accurate, reliable, virus-free, complete, legal, or safe. If the law mandates any warranties, they are limited to ninety (90) days from the first use of the website.
In certain areas, the exclusion of implied warranties may not be permitted, so the above exclusion may not be applicable. Similarly, in some jurisdictions, there are restrictions on the duration of implied warranties, so the above limitation may not apply to you.
Limitation on Liability
Company and our suppliers will not be held liable for any lost profits, lost data, costs of obtaining substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages resulting from or related to these terms or your use of the site. Even if we have been made aware of the possibility of such damages, you are using the site at your own risk and will be responsible for any damage to your device or computer system as well as any data loss that may occur.
To the fullest extent allowed by law, our responsibility towards you for any damages resulting from or connected to this agreement will always be capped at a maximum of fifty U.S. dollars. This limit will not change, even if there are multiple claims. You also agree that our suppliers are not responsible for any damages related to this agreement.
In certain areas, limitations on liability for incidental or consequential damages may not be permitted, which means that the restriction mentioned above may not be valid for you.
Duration and Termination. These Terms will be valid as long as you are using the Site. We reserve the right to suspend or cancel your access to the Site at our discretion, if we believe you have violated these Terms. If your rights are terminated, your Account and access to the Site will end immediately. Your User Content associated with your Account may be deleted from our databases. We will not be liable to you for any termination of your rights under these Terms. Certain provisions of these Terms will still apply even after termination, including Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy.
The Company values and respects the intellectual property rights of others and expects the same from users of our website. We have a policy in place to comply with copyright laws, which includes removing any infringing materials and terminating users who repeatedly violate intellectual property rights, such as copyrights. If you believe that a user of our website is unlawfully infringing on a copyright and want the material removed, you must provide a written notification with specific information to our Copyright Agent, as required by the law.
your physical or electronic signature;
Please specify the copyrighted material that you believe has been violated.
Please specify the content on our platform that you believe violates copyright laws and ask for its removal.
adequate information to help us find such material
Your contact information including your home address, phone number, and email address.
An assertion that you genuinely believe that the objectionable content is being used without the permission of the copyright holder, their representative, or according to legal regulations.
You are confirming that the information provided in the notification is true and that you are either the rightful owner of the copyright that has been infringed upon, or that you have the authorization to act on behalf of the copyright owner, with legal consequences if this statement is found to be false.
It is important to be aware that under 17 U.S.C. § 512(f), if there is any false information in a written notification, the individual making the complaint may be held responsible for covering any expenses, financial damages, and legal fees that we incur as a result of the notification and copyright infringement claim.
General
These Terms may be updated from time to time, and if there are significant changes, we will notify you via email or by posting a notice on our website. It is your responsibility to ensure we have your current email address. Even if the email address we have on file is incorrect, sending the notification will still be considered valid. Any changes to these Terms will be effective either 30 days after the email notification is sent or 30 days after the notice is posted on our website. These changes will apply immediately to new users of our site. By continuing to use our site after being notified of the changes, you are agreeing to abide by the updated terms. Please carefully read our Arbitration Agreement, which is a part of your contract with us and outlines procedures for mandatory binding arbitration and a waiver of class action.
The Arbitration Agreement applies to any claims or disputes related to the Terms or the use of products or services provided by the Company that cannot be resolved informally or in small claims court. These issues will be resolved through binding arbitration on an individual basis according to the terms of this Agreement. Unless agreed otherwise, all arbitration proceedings will be conducted in English. This Agreement is applicable to you, the Company, and any subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, as well as authorized and unauthorized users or beneficiaries of services or goods provided under the Terms.
Before going to arbitration, both parties must exchange a written Notice of Dispute outlining the claim and requested relief. The Notice should be sent to Safi, Morocco. If the claim is not resolved within 30 days, arbitration may be initiated. Settlement offers cannot be disclosed to the arbitrator until after the award is determined.
Arbitration shall be commenced through the American Arbitration Association, a recognized provider of alternative dispute resolution offering arbitration as outlined in this section. In the event that AAA is unavailable to arbitrate, the parties must mutually agree on an alternate ADR Provider. The rules of the chosen ADR Provider will govern all aspects of the arbitration, except in cases where they conflict with the Terms. The AAA Consumer Arbitration Rules that apply to the arbitration process can be found on adr.org or by contacting the AAA at 1-800-778-7879. A single, impartial arbitrator will oversee the arbitration proceedings. Disputes seeking less than $10,000 may be resolved through non-appearance-based arbitration, at the discretion of the party seeking relief. For disputes seeking $10,000 or more, the right to a hearing will be determined by the Arbitration Rules. Hearings will take place within 100 miles of your residence, unless agreed upon otherwise. If you reside outside the U.S., the arbitrator will provide reasonable notice of any oral hearings. Any judgment from the arbitrator's award can be filed in a court with jurisdiction. If the arbitrator awards you more than the last settlement offer made by the Company before arbitration, the Company will pay you the greater amount or $2,500. Each party is responsible for their own costs related to the arbitration and pays an equal share of the ADR Provider's fees and costs.
Extra guidelines for arbitration that does not require the presence of the parties. If this type of arbitration is selected, it will be done over the phone, online, or through written submissions chosen by the initiating party. There will not be any in-person appearances by the parties or witnesses unless both parties agree.
Time constraints. If either you or the Company decides to pursue arbitration, the arbitration process must be started and completed within the specified time period set by law and the deadlines outlined in the AAA Rules for the relevant claim.
The arbitrator will have the power to make decisions regarding the rights and responsibilities of both you and the Company in the event of arbitration. The dispute will not be combined with any other cases or parties. The arbitrator can make decisions to resolve any claims, award monetary damages, and provide any other remedies allowed by law, the AAA Rules, and the Terms. The arbitrator will provide a written decision detailing their findings and conclusions. The arbitrator's decision is final and must be followed by both you and the Company.
Both parties agree to forgo their rights to a court trial in front of a judge or jury, opting instead for arbitration as outlined in this Agreement. Arbitration is typically more streamlined, cost-effective, and subject to limited court review compared to traditional court procedures. In the event of any litigation between the parties in state or federal court regarding arbitration awards, both parties waive their rights to a jury trial and choose to have the dispute resolved by a judge.
The agreement stipulates that any disputes must be resolved on an individual basis rather than as a class action, meaning claims from multiple customers cannot be consolidated or litigated together.
Privacy is important in arbitration, and all details of the process must be kept private. The parties involved promise to keep everything confidential, unless the law states otherwise. However, this rule doesn't stop a party from disclosing information in court to enforce the Agreement, enforce an arbitration decision, or seek legal remedies.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable by a court, it will be removed and the rest of the Agreement will still be valid and enforceable.
The party being sued can choose to give up some or all of the rights and restrictions outlined in this Arbitration Agreement. However, this decision to waive certain rights does not nullify or impact the rest of the terms in the Agreement.
The agreement to arbitrate will continue to be valid even after your relationship with the company has ended.
Small Claims Court is available for either party to bring an individual action if necessary, despite the above statement.
In case of an emergency situation, either party can request urgent fair relief from a state or federal court to preserve the current situation until arbitration takes place. Asking for temporary measures does not mean giving up any other rights or responsibilities outlined in this Arbitration Agreement.
Certain claims, such as defamation, violation of the Computer Fraud and Abuse Act, and infringement of intellectual property rights, are not covered by the arbitration agreement.
If the Arbitration Agreement allows for court litigation, the parties agree to be subject to the jurisdiction of the courts in Netherlands County, California.
The Website may be governed by U.S. export laws and regulations, as well as similar regulations in other countries. You are not permitted to export, re-export, or transfer any U.S. technical data obtained from the Company, or any products that use this data, in breach of U.S. export laws.
The Company's address can be found in Section 10.8. If you live in California, you can file complaints with the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by writing to 400 R Street, Sacramento, CA 95814 or calling (800) 952-5210.
Electronic communications are used by Company for all interactions with you, whether through the website, email, or notices posted on the website. By engaging with Company, you agree to receive communications electronically and acknowledge that these electronic communications fulfill any legal requirements as if they were in hard copy form.
These Terms represent the entire agreement between you and us regarding the use of the Site. If any provision of these Terms is found to be invalid or unenforceable, the other provisions will remain intact. Your relationship with the Company is that of an independent contractor, and neither party is considered an agent or partner of the other. These Terms cannot be assigned, subcontracted, delegated, or transferred without the Company's consent. The Company has the right to freely assign these Terms. The terms and conditions outlined in these Terms will apply to assignees.
Your personal information is important to us. Please take the time to review our Privacy Policy.
All rights are reserved for copyright and trademark information. All logos, trademarks, and service marks on the website belong to us or other third parties, and you cannot use them without our written consent or the consent of the third party who owns them.