TERMS OF SERVICE
Last Revised: September 18, 2020
INTRODUCTION & ACCEPTANCE OF TERMS
These Terms of Service (the "Terms") are an agreement between you or the entity you represent ("you," "your," or “user”) and Let'sMOD Inc., a corporation governed by the laws of the State of California, USA (“LetsMod,” "we," “our,” or "us"). You must read, agree to and accept all of the terms and conditions contained in these Terms in order to use our websites found on polyup.com and polychallenge.org domains (collectively, “Website”) and the software Poly Machines accessible through the Website (“Software”).
To the extent permitted by applicable law, we may, at any time, amend these Terms without prior notice to you, by posting a revised version of the Terms and/or sending you a notification about changes made. Any revisions to these Terms will take effect when a revised version is posted on the Website or a notification is sent, unless otherwise stated. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and (b) agreement to be bound by any such revised terms and conditions. Any future release, update or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms. In the case of any violation of these Terms, the Let'sMOD reserves the right to seek all remedies available in law and equity for such violations.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
Registering for an Account & Parental Consent. You do not need to sign up for a Let'sMOD account (“Account”) or log in in order to access and use the Software, however, if you want to register for an Account you must meet the minimum age requirement. We are committed to protecting children's personal information, therefore, if you are under the minimum age requirement, one of your parents/guardians or a teacher (if you are using the Software in your school's setting) must provide consent to your use of the Website and Software. To do so, ask one of your parents/guardians or a teacher (if you are using the Software in your school's setting) to register on the Website on your behalf.
The minimum age requirement for residents of all countries except the EU and EEA areas is set to 13, while the minimum age requirement for the residents of the EU and EEA areas is set to 16.
By registering for an Account, you represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform and Software does not violate any applicable laws and (d) you have reached the minimum age mentioned above in your country of residence.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account's login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Deleting Your Account. You may delete/cancel your Account at any moment by placing a support request and Let'sMOD will delete manually. We may cancel your Account if we suspect that you violated any provisions of these Terms.
License to Use Software (MIT License).
Copyright 2022 Let'sMOD
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
License to Use Website. Subject to the terms and conditions of these Terms, Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Website.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit your Account or the Website; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website (see exceptions with regard to licensing of the Software); (c) you shall not access the Website in order to build a similar or competitive service or products; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) represent an entity without its prior authorization to do so; (f) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; and (g) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference. Any future release, update, or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); or (e) interfere with another user's use and enjoyment of the Website.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Website or any part thereof (including any part of the Software) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website or any part thereof. Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue provision of any of the Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product provision.
Ownership of Website and Software. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website and Software. The Website and Software are licensed to you; this means that the Website and Software are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website or Software. Our name, logo, and other names associated with the Website and Software belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
Content. You may upload, post, display, share and otherwise make available certain information, text, code, documents, graphics, videos, audio files, or other materials on or through the Website or Software (collectively, "Content"). You are solely responsible for the Content you upload, post, display, share or make available on or through the Website or Software, including its accuracy, legality, and appropriateness and we do not assume any liability for any Content posted by you or any other Website or Software user.
Your Representations and Warranties with regard to Content. By posting or making your Content available via the Website or Software, you represent and warrant that: (i) you own the Content and/or you have the right to use it and the right to grant us and other users of the Website and Software the license as provided in these Terms below, and (ii) your creating, uploading, posting, displaying or sharing Content on or through the Website or Software does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing one's copyright.
Ownership of Content. All information submitted to us via this site shall be deemed and remain the property of Let'sMOD Inc. who shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides through this site. We shall not be subject to any obligations of confidentiality or privacy regarding submitted information except as agreed or as otherwise specifically agreed or required by law.
Licensing your Content. By posting or making your Content available via the Website or Software you grant Let'sMOD and other Website and Software users the license of the right to use, perform, display, reproduce, modify, and distribute such Content on and through the Website or Software.
Your Content in Open Communication Tools. We may provide various open communication tools on the Website, such as blog comments, blog posts, public chats, forums, message boards, newsgroups, product ratings and reviews, and other social media services (collectively, “Open Communication Tools”). You understand that generally we do not pre-screen or monitor the content posted by users of these various Open Communication Tools, which means that if you choose to use these Open Communication Tools to share any type of Content to the Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any Open Communication Tool, you agree that you will not upload, post, share or otherwise distribute any Content that (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, (ii) infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party, (iii) contains any type of unauthorized or unsolicited advertising, or (iv) impersonates any person or entity, including any LetsMod's employees or representatives.
Our Right to Remove Your Content. We reserve the right at our sole discretion to remove any Content that we feel in our judgment does not comply with these Terms, along with any Content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. Moreover, we are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to such removal, and Consent to waive any claim against us.
THIRD PARTY COLLABORATION TOOLS & PARENTAL INVOLVEMENTS
All information needed to participate in Let'sMOD activities or competitions will be available through the Platform. You can choose to collaborate with other users on joint projects using a third-party collaboration tool/app or website including any suggested by Let'sMOD (“Third-Party Collaboration Tool(s)”). In such an event, a dedicated user from your group may relay information from Let'sMOD as required.
Therefore, the Website may contain links to different Third Party Collaboration Tools, however, you must bear in mind that we are not affiliated with and do not control any such Third Party Collaboration Tools. You agree that your choice and use of a Third Party Collaboration Tool is at your own risk and that we have no responsibility or liability, directly or indirectly, for any content accessed at or any damage or losses you may incur in connection with any such Third Party Collaboration Tool. We strongly encourage you to familiarize yourself with the terms and conditions and privacy policies of any such Third Party Collaboration Tool. Please make sure you fully comply with all restrictions if any, especially age restrictions. If you are a minor and are not eligible to create an account on a chosen Third Party Collaboration Tool, you may need to get your parent's or legal guardian's consent. In such a case, the parent or legal guardian will be in charge of supervising your communications on any such Third Party Collaboration Tool.
If you choose any Third Party Collaboration Tool we highly encourage you to create a username that does not include your real name, date of birth, or other identifiable information, for privacy protection purposes.
LIMITATION OF WARRANTIES
By using the Website, you understand and agree that the Website is provided on "as is" and "as available" basis. This means that we do not represent or warrant to you that (i) the use of the Website will meet your needs or requirements, (ii) the use of the Website will be uninterrupted, timely, secure or free from errors, (iii) the information obtained by using the Website will be accurate or reliable, and (iv) any defects in the operation or functionality of the Website will be repaired or corrected.
Furthermore, you understand and agree that (v) any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content, (vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Let'sMOD or through the Website shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
POLYUP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of Website. Let'sMOD will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Website, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All proprietary content and materials available on the Website, including but not limited to text, graphics, Website name, code, images, and logos are the intellectual property of Let'sMOD and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Let'sMOD.
As part of our efforts to reach people with limited mobility and accessibility, we have designed this Website with enhanced features that will ease the experience of browsing through our Website.
Following are some of the features on our Website that aim to benefit people with different abilities:
Web Standards: Let'sMOD follows W3C Web Standards to maintain the website structure, navigation, look and feel.
Zoom Screen: You can use the zoom option from your browser to enlarge the page; you can change the page size by clicking on the View menu, then on Zoom and then adjusting the page size according to your needs.
Alternate text for images: Every image on our Website tagged with an appropriate description; to read an image description, you need to position the mouse over an image.
TERMINATION OF USE
You may terminate your relationship with us by deleting your account through your account's settings. Moreover, you agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website and Software will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Partnership. You expressly acknowledge that you and Let'sMOD have a business relationship based entirely on, and defined by, the express provisions of these Terms and that no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by reason of these Terms. Therefore, you have no authority to make commitments on behalf of Let'sMOD and we assume no responsibility for any of your acts or omissions.
Governing Law. This Website is owned and controlled by Let'sMOD, which is registered in the State of California, USA. It can be accessed by most countries around the world. As each country and state has its own laws that may differ from those of the State of California, by accessing the Website, you agree that the statutes and laws of the State of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and Software and the purchase of any products or services through the Website. Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in Santa Clara county, CA, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Indemnification. You agree to indemnify and hold harmless Let'sMOD and its directors, officers, managers, employees, contractors, representatives, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Consent to Electronic Notices and Electronic Means to Execute These Terms. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website and Software. Notices hereunder shall be invalid unless made in writing and given (a) by Let'sMOD via email (to the email address that you provide), (b) a posting on the Website or (c) by you via submission to such email addresses as Let'sMOD may specify on the Website. The date of receipt will be deemed the date on which such notice is transmitted.
(408) 524-1400 440
14575 Horseshoe Dr.,
Saratoga, CA 95070
Copyright © Let'sMOD Inc. All rights reserved