Terms of Use

The following terms and conditions govern all use of the support.modest3d.com website and all content, services and products available at or through the website, including, but not limited to, support.modest3d.com Forum Software, support.modest3d.com Support Forums and the support.modest3d.com Hosting service (“Hosting”), any sites and forums and embedded comments and anything that you create via the Hosting Service, (taken together, the Website). The Website is owned and operated by Modest Tree . The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, support.modest3d.com’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by Modest Tree (collectively, the “Agreement”).

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 Modest Tree, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your support.modest3d.com Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Modest Tree of any unauthorized uses of your account or any other breaches of security. Modest Tree 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.

2. Responsibility of Contributors

If you 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, an audio file, or computer software. By making Content available, you represent and warrant that:

Modest Tree assumes no responsibility for monitoring any site or forum or embedded comments or anything that you create via the Hosting service for inappropriate or illegal Content nor review any Content before it is posted.

3. Contributor Agreement and User Content License

Contributor Agreement

You agree that all Content that You contribute to Modest Tree is perpetually and irrevocably tri licensed to Modest Tree under a Creative Commons Attribution 3.0 Unported License and a Creative Commons Attribution 4.0 International License and the MIT license.

You grant Modest Tree the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Content and to allow others to do so in any medium now known or hereinafter developed even if such Content has been contributed and subsequently removed by You.

(This text based on https://stackexchange.com/legal, section 3 Subscriber Content. To-do note: SHOULD somehow add "... in order to provide the Services" — but then need to define Services)

User Content License

User contributions are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Without limiting any of those representations or warranties, Modest Tree has the right (though not the obligation) to, in Modest Tree’s sole discretion (i) refuse or remove any content that, in Modest Tree’s reasonable opinion, violates any Modest Tree policy or is in any way harmful or objectionable, or (ii) refuse or remove any content for any reason, or for no reason at all, or (iii) terminate or deny access to and use of the Website to any individual or entity for any reason, or for no reason at all, in Modest Tree’s sole discretion. Modest Tree will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal

General Terms

Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Modest Tree the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal

Unless you notify Modest Tree before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by Modest Tree under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

6. Responsibility of Website Visitors

Modest Tree has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Modest Tree does not represent or imply that it endorses the material there posted, 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. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Modest Tree disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which support.modest3d.com links, and that link to support.modest3d.com. Modest Tree does not have any control over those non-support.modest3d.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-support.modest3d.com website or webpage, Modest Tree does not represent or imply that it endorses such website or webpage. 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. Modest Tree disclaims any responsibility for any harm resulting from your use of non-support.modest3d.com websites and webpages.

8. Copyright Infringement and DMCA Policy

As Modest Tree 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 support.modest3d.com violates your copyright, and if this website resides in the USA, you are encouraged to notify Modest Tree in accordance with Modest Tree’s Digital Millennium Copyright Act (“DMCA”) Policy. Modest Tree will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Modest Tree will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Modest Tree or others. In the case of such termination, Modest Tree will have no obligation to provide a refund of any amounts previously paid to Modest Tree.

9. Intellectual Property

This Agreement does not transfer from Modest Tree to you any Modest Tree or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Modest Tree. Modest Tree, support.modest3d.com, the support.modest3d.com logo, and all other trademarks, service marks, graphics and logos used in connection with support.modest3d.com, or the Website are trademarks or registered trademarks of Modest Tree or Modest Tree’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 Modest Tree or third-party trademarks.

10. Ideas and feedback from you

If you send Modest Tree information, ideas, feedback and suggestions, you agree that Modest Tree is free to use that stuff for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

11. Advertisements

Modest Tree reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.

12. Attribution

Modest Tree reserves the right to display attribution links such as ‘Powered by support.modest3d.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the support.modest3d.com toolbar may not be removed regardless of upgrades purchased.

13. Changes

Modest Tree 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. Modest Tree 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.

14. Termination

Modest Tree 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 support.modest3d.com account (if you have one), you may simply discontinue using the Website. 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.

15. Disclaimer of Warranties

The Website is provided “as is”. Modest Tree 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 Modest Tree nor its suppliers and licensors, makes any warranty that the Website will be error free or that cess 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.

16. Limitation of Liability

In no event will Modest Tree, 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 for 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 Modest Tree under this agreement during the twelve (12) month period prior to the cause of action. Modest Tree 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.

17. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Modest Tree Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

18. Indemnification

You agree to indemnify and hold harmless Modest Tree, 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.

19. Miscellaneous

This Agreement constitutes the entire agreement between Modest Tree and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Modest Tree, or by the posting by Modest Tree of a revised version. 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; Modest Tree 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. If you make a suggestion about how the Website can be changed or improved, that suggestion is made for free. That is, Modest Tree can use your suggestion in any way, and does not have to pay you for it.

20. Jurisdiction

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 Sweden, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Stockholm, Sweden.

This document is CC-BY-SA. It was last updated in October, 2017.
Originally adapted from the Discourse Terms of Service, which was in turn adapted from WordPress Terms of Service.