Terms of Service
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Agreement is maintained on our website. We reserve the right, in our sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
- USE OF OUR SERVICE
- Eligibility. Because we respect the rights of children and parents, you may use the Service only if you can form a binding contract, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Because we respect the User community, the Service is not available to any Users previously removed from the Service.
- Author will pay the recurring subscription fees and other fees set forth in this proposal or in the online fee schedule provided at the time of sign up (“Fees”). All Fees are due when the order is placed.
bii. When users subscribe to the mobile app and/or web online course created by an Author and pay for it/them, we pay Author within thirty (30) days of the end of the month in which a user’s payment was received, after deduction of any applicable taxes (incl. VAT), refunds, chargebacks, payment service provider cost (“PSP cost”), bank transaction fees, and/or charges collected by Google Play and/or Apple/iTunes App stores.
biii. “PSP cost” are 3.9% of a user’s payment as defined in bii with a minimum fee of $25 per monthly payout.
- Access, Modifications to the Service. We do not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g. charges by ISPs or mobile carriers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. ModernScale.co will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- Refunds. Beyond statutory requirements (see Section 2c. of these Terms),
- author acknowledges that payment of Fees is authorization to us to begin providing Services. These Services include, but are not limited to, providing platform access, publishing Apps, platform setup and App building. We will start providing Services immediately upon Author payment of Fees. All Fees are earned when received and are non-refundable thirty (30) days after payment thereof or thirty (30) days from the effective date of this Agreement, whichever is earlier. Fees may be paid via Credit Card or Paypal and Author authorizes us to set up an automated recurring billing process. If Author desires to terminate the service, such notice must be delivered to us in writing via email at [email protected]before the next recurring billing is processed.
dii. user of web courses acknowledges that any payments made for the web courses are earned when received and are non-refundable fourteen (14) days after payment thereof, unless otherwise promoted. Fees may be paid via Credit Card or Paypal and User authorizes us to set up an automated recurring billing process. If User desires to terminate the service, such notice must be delivered to us in writing via email at [email protected] before the next recurring billing is processed.
diii. user of mobile apps acknowledges that any payments made for the mobile apps are collected by Google Play and Apple/iTunes App stores. User agrees thereby to abide by the separate refund policy and refund procedures of the Google Play and Apple/iTunes App stores.
- Term and Termination. Billing will be collected according to the payment and subscription plans you signed up for the Services (collectively referred to as “Term” or “Terms”). The obligation to pay the Fees shall apply irrespective of whether you use the Services or not. All amounts are earned when received and are non-refundable. The Agreement will continue for the entirety of the Term and automatically renew for the monthly subscription plan available at the time the Term ends. Either party may terminate this Agreement at any time and for any reason without notice to the other party. If an Author terminates this agreement before the end of the current Term, the Author will be required to pay the remaining amounts due through the end of the Term and are not be entitled to a refund of any amount. Termination or expiration of this Agreement shall not affect any rights or obligations of the parties, including the payment obligations due through the end of the Term or which have accrued up to the date of such termination or expiration. The provisions of Sections 5-10 shall survive termination or expiration of this Agreement.
- Your responsibility for your Apps: You are solely responsible for the activity that occurs on or through your App. We will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses due to such unauthorized use.
- Groups. Users may create or join groups on the Service in order to share articles and other content, and to send messages to other Group members (a “Group”).
- Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We will have no liability for your interactions with other Users, or for any User’s action or inaction.
- Separate End User Policies.
- Service limitations. Different service limitations exist for each of our subscription plans. Please refer to our website for details.
- Changes to the Service. We’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; change the pricing of the service; add or delete features of the Service, to you or to Users generally; or create usage limits for the Service.
- ACCEPTABLE USE OF THE SERVICE
We provide Users with an amazing platform to discover content, and discuss and share that content with others. To keep the Service running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the Acceptable Use Policy below.
- SHARING YOUR CONTENT
- Your content. We may allow you to post content on the Service, including training materials, videos, comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.
- How we can use your content. You own all of the User Content that you post or publish (“post”) on the Service. You permit us to use your company and/or trade name and logo on our website and other promotional materials.
- Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post (1) does not and will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy/data protection or otherwise violates, or encourage any conduct that would violate, any applicable law, rule, statute, ordinance, court or agency decision or regulation (collectively, the ‘Laws’), (2) would not give rise to civil liability, (3) is not fraudulent, false, libellous, misleading or deceptive, (4) is not defamatory, obscene, pornographic, sexual, vulgar or offensive links to an adult orientated, pornographic or otherwise sexually orientated service, (5) does not and will not promote sexually explicit materials, illegal activities, violence, discrimination (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise), bigotry, racism, hatred, harassment or harm against any individual or group (on the basis of age, colour, national origin, race, religion, sex, sexual orientation, handicap or otherwise), or (6) is not violent or threatening or promotes violence or actions that are threatening to any person or entity. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. We take no responsibility and assume no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We are not responsible for any public display or misuse of your User Content.
- Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- Pricing plans. By agreement to this Agreement, you give us the right to review, decide, and moderate pricing plans, including billing period, price and inclusion of free trial period.
- OUR CONTENT
- Content. Except for User Content, the Service, and all Intellectual Property Rights including therein and related thereto, are our exclusive property (“Exclusive Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Exclusive Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Exclusive Content, including without limitation any materials or content accessible on the Service. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Exclusive Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Our name and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress protected by the laws of the United States and/or other countries or jurisdictions.
- To publish and update apps to Google Play and the Apple App Store, it is required we provide proprietary information and files such as, but not limited to, APKs, IPAs, P12s, keystore certificates, push notification certificates, etc. These files and information are a proprietary part of our Service and will not provided to Users.
- If we assist the Author with (including coordinating with a 3rd party) providing enhancement(s) to the Service or Software, creates custom functionality, creates custom plugins, including any and all derivatives thereto (collectively referred to an “Enhancements”), even if the Author paid us for such Enhancements, such Enhancements will be owned by us and Author hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership.
- The Author owns or has rights to all intellectual property rights in and to any enhancements in functionality or custom plugins the Author (or Author’s representative) make independent of us through capabilities provided by a registered developer account. In such cases, the Author is solely responsible for all maintenance and support related to such enhancements and plugins, including but not limited to, our updates in Services and Software and iOS and Android updates.
- Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make the Service better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related Feedback previously known to us, or developed by our employees, or obtained from sources other than you.
- Analytics. We monitor User service activity.
We may allow you to send messages through our Service to other Users or to third parties (“Messages”). We may send administrative messages to you and other Users.
- COPYRIGHT POLICY
We require that Users of the Service respect the copyright and other intellectual property rights of all third parties.
You agree to defend, indemnify and hold us harmless, along with our parents, subsidiaries, agents, affiliates, Authors, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
- NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- THIRD-PARTY LINKS, SITES AND SERVICES
- LIMITATION OF LIABILITY
12.1 NEITHER MODERNSCALE NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.2 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF MODERNSCALE, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- TERMINATION OF YOUR ACCOUNT AND THE SERVICE
We may terminate or suspend the Service in whole or in part immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
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.
- MISCELLANEOUS TERMS
- Entire Agreement. This Agreement and the Terms and Conditions sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof and supersedes any and all prior oral and written agreements, understandings and quotations relating thereto. No waiver, amendment, alteration, modification, or cancellation of any of the provisions of this Agreement shall be binding unless made in writing and signed by the both parties.
- Governing Law. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Florida without regard for the conflict of law rules of any jurisdiction. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated by this Agreement.
- Severability. If any provision of this Agreement is invalid or unenforceable, such provision will be enforced only to the extent that it is not in violation of such law or is not otherwise unenforceable and all other provisions of this Agreement will remain in full force and effect.
- Waiver. The failure of a party in any one or more instances to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms on any future occasion.
- Force Majeure. We will not be responsible for any nonperformance or delay caused by acts of God, man-made or natural disasters, acts of terrorism, infectious disease, public utility interruptions, discontinuance of necessary products or unavailability of a service.
- Notices. Any notice that is required or permitted hereunder shall be deemed given only if delivered personally or by registered or certified U.S. mail, return receipt requested and postage prepaid, or by a nationally recognized overnight delivery service at:
ModernScale c/o Avorit
13801 Walsingham Rd A114
Largo, FL 33774