Terms of Service
The following terms and conditions govern all use of the SE4Mods.com website and all content, services and products available through the website, including, but not limited to, the SE4Mods client area (collectively referred to as the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SE4Mods Developments, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Client Area Account. You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify SE4Mods of any unauthorized uses of your account or any other breaches of security. SE4Mods will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to Website. If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to SE4Mods for inclusion on our Website, you grant SE4Mods a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, SE4Mods has the right (though not the obligation) to, in SE4Mods's sole discretion (i) refuse or remove any content that, in SE4Mods's reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SE4Mods’s sole discretion. SE4Mods will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Payment. The Website offers numerous products and services for sale. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Newsletter. If you choose to request a download link for the free trial version of SE4Mods or purchase a SE4Mods license, we will add your email address to the SE4Mods Newsletter (as noted on the free trial request page). Our newsletter is designed to keep you up to date with SE4Mods-related developments, updates, releases, and other relevant items. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our blog.
Responsibility of Website Visitors. By operating the Website, SE4Mods does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. SE4Mods disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Copyright Infringement and DMCA Policy. As SE4Mods asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SE4Mods.com violates your copyright, you are encouraged to notify SE4Mods in accordance with common DMCA policies. SE4Mods will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SE4Mods or others, SE4Mods may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, SE4Mods will have no obligation to provide a refund of any amounts previously paid to SE4Mods.
Intellectual Property. This Agreement does not transfer from SE4Mods to you any SE4Mods or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SE4Mods. SE4Mods, SE4Mods, SE4Mods.com, SE4Mods.com logo, and all other trademarks, service marks, graphics and logos used in connection with SE4Mods.com, or the Website are trademarks or registered trademarks of SE4Mods or SE4Mods’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SE4Mods or third-party trademarks.
Changes. SE4Mods reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SE4Mods may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. SE4Mods may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SE4Mods.com client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by SE4Mods if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SE4Mods's notice to you thereof; provided that, SE4Mods can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". SE4Mods and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SE4Mods nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will SE4Mods, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SE4Mods under this agreement during the twelve (12) month period prior to the cause of action. SE4Mods shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless SE4Mods, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between SE4Mods and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SE4Mods, or by the posting by SE4Mods of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SE4Mods may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
SE4Mods End User License Agreement
Hereafter, "Software" refers to the SE4Mods application, "Licensor" refers to SE4Mods Developments, LLC, "License" refers to this document, and "Licensee" refers to the party that received this license after having downloaded this Software and paying the required fee as determined by the Licensor.
This License governs use of the accompanying Software, and your purchase and use of the Software constitutes your acceptance of this License and all of its contents and stipulations.
THIS SOFTWARE IS NOT FREEWARE NOR SHAREWARE. IT IS A COMMERCIALLY LICENSED PRODUCT. IT MUST BE PURCHASED FROM THE LICENSOR FOR USE BY ANY INDIVIDUAL OR PARTY, AND IS SUBJECT TO THE FOLLOWING TERMS:
Subject to the terms of this Agreement, Licensor grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicenseable license to use the Software for Licensee’s internal business purposes only.
The Software may under no circumstances be distributed to any third party or individual.
The Software may be used to serve multiple users, but they must not be given access to its source code or other internal resources. Distribution of these resources is illegal.
The Software may not be resold by any means without expressed permission from Licensor.
The software may only be used for one (1) installation, with the exception of a single development copy. The development installation must be accessible only to the license holder and commissioned developers, and not accessible to the general public.
Licensee is entitled to create derivative works of Software, however they may NOT resell nor distribute their derivative work in any way, nor offer any form of service where Software is provided to clients as a hosted solution.
Licensor and its licensors own and will retain all right, title and interest, including without limitation all copyright, trademark, trade secret, patent and other proprietary rights, in and to the Software and any related documentation. Licensee’s only rights with respect thereto shall be those expressly provided in this Agreement.
The purchase of Software entitles the Licensee to 30 days of technical support from SE4Mods. The support shall be provided mainly by means of an electronic ticketing system, or at the sole discretion of SE4Mods may be provided by other means of communication such as telephone and/or electronic mail (E-Mail).
Support shall ONLY be provided for the following issues:
Initial Software installation
Initial plugin installation, provided plugins are not third-party.
Errors encountered during the normal use of unmodified Software
Requests for professional installation, provided a prespecified fee has been transferred by Licensee and received by Licensor. Installations will be made on a best-effort basis and performed as quickly as feasibly possible, however no guarantee of timeliness is made
Support, at its sole discretion, may provide assistance with other issues on a case-by-case basis.
Support will NOT be liable for requests involving the customization of our software including but not limited to:
The integration of third-party modules
The addition of functionality to the Software package
The customization of the graphical interface
Assistance in locating resources out of Support's realm of expertise
Support for modified Software will be provided at Support's sole discretion.
REFUSAL OF SERVICE AND BUSINESS RELATIONS
SE4Mods reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment.
SE4Mods will terminate all support and business relations in instances of software piracy. This includes, but is not limited to "cracked", "nulled", or otherwise unlicensed versions of SE4Mods scripts or plugins.
Licensor shall provide to Licensee any new, corrected or enhanced version of the Software as created by Developer, provided the main version number (1.xx) is the same. Such enhancement shall include all modifications to the Software which increase the speed, efficiency, security or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software.
Major version upgrades (ie v1.xx to v2.xx) shall be provided at a reduced cost.
If this software is found to be stolen, distributed without permission, illegally obtained, or if the users of this software are found to be breaching any of the terms herein, the Licensor has the unconditional right to prosecute them to the fullest extent of the law.
The Licensor, its management, or any of its employees, associates, or partners cannot be held liable for any damages that this Software may cause. As the Licensee and user of the Software, you agree to accept full liability for any damages, risk, and losses involved with or incurred by the use of the Software. THE SOFTWARE AND ALL ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED SOLELY ON AN "AS-IS" BASIS WITH ABSOLUTELY NO WARRANTY OF FITNESS OR MERCHANTABILITY, EXPLICIT OR IMPLIED.
Licensor shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Licensor was advised of the possibility of such losses in advance. In no event shall Licensor's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.
This Agreement shall be construed and enforced in accordance with the laws of the state of California.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
This license must be left completely intact when this software is used, or copied for approved multi-user use. The Licensor reserves all rights not expressly granted to you in this license.