Terms of Use

These Terms and Conditions regulate the relationship between you, the Users of the Website www.modeshift.com /hereinafter referred to as the ‘Website’ or the ‘Internet Website’/ and Modeshift Ltd. with respect to the usage of the Website, with respect to all information and other content, received through the use of the Website, and they regulate the relationship between You and Modeshift Ltd.

Any and all active actions taken by you on the Website – such as clicking buttons, marking ticks, opening links, etc., are considered an electronic statement, made by you, and you are bound by it.

By using the Website and concluding any form of electronic actions in it, you declare that you have familiarised yourself with and understand these terms and conditions, you have the right to express valid consent and accept these terms and conditions as they are. The Website is intended to be used by persons over the age of 18 and by using it you declare that you are at or over that age. Modeshift Ltd. is not responsible if the Website is used by persons under 18 years of age. If you are under 18 years of age and wish to take advantage of Modeshift Ltd., please refer to an adult for help.

Modeshift Ltd. reserves the right to change these terms and conditions at any time, in which case the new text will be available on the Internet Website. If you continue to use the Website, you agree with the new terms and conditions. In the case of essential changes in these terms and conditions, the Users shall be notified in a suitable manner.

The Internet Website is an information society service, which is provided by:

Name of Company: Modeshift Ltd.;
Registered in the United States of America;
The Company is registered for VAT;
Address: 90 Canal Str, Boston, MA 02114;
Email: info@modeshift.com;
Internet page: www.modeshift.com.

All your personal data, provided and collected through the Internet Website, is stored and processed by Modeshift Ltd. We take care of the proper use and non-dissemination of your personal data. Your personal data shall be processed in accordance with the Privacy Policy (modeshift.com/privacy-policy), adopted by Modeshift Ltd. and forming an integral part of these General terms of use.

The Website is created and maintained as part of Modeshift Ltd.

The Website is a product, accessible through the browser on your computer or your mobile device /mobile phone or tablet/ that allows you to:

learn more about the Modeshift Ltd. services from the information, provided on the Website itself, or by reading the General terms of use for Modeshift Ltd. /modeshift.com/terms-of-use/;
contact Modeshift Ltd. and receive additional information about their services.

The terms explained below have the meaning, attached to them hereunder, for which meaning you have been informed and give your consent to it, namely:

User is a natural or a legal person, who has installed the Website on his/her/its device;

Force majeure is an unforeseen or unavoidable extraordinary event, occurring after the conclusion of the contract.

Rights and obligations

1. Modeshift Ltd. provides the Internet Website as they are and is not responsible if they do not fully meet your needs.

2. The Internet Website itself has an informative purpose and is intended to introduce you to the services provided by Modeshift Ltd. Modeshift Ltd. exercises control over the information within reasonable limits and only with the care that is normal and expected for the purposes for which the Internet Website was created.

3. With the consideration of the aforesaid, Modeshift Ltd. is not responsible for the damages you have suffered or could suffer in using the Internet Website, which damages are caused by incorrect information, received from the Website.

4. Modeshift Ltd. is not responsible for the damages you have suffered from viruses or other software that is harmful to your device. You agree that you will not ignore notifications for a detected virus, made by the antivirus program you are using.

5. Modeshift Ltd. takes care of maintaining the Website in an up-to-date and appropriate condition. The Company makes no guarantee that the Website will work without interruptions and without errors.

6. Modeshift Ltd. shall not be liable if it fails to fulfill its obligations under this Agreement due to Force majeure or due to other unforeseen circumstances that cannot be overcome by taking reasonable measures by Modeshift Ltd., including interruption in the electrical or internet network, natural disaster, fire, flood, war, and others.

7. Using our Internet Website and keeping it in a protected and up-to-date condition requires the usage of cookies. The normal functioning of all of the provided services is dependent on your browser settings. Modeshift Ltd. is not responsible if you do not receive all of the electronic services, provided by us, or you do not receive them in the stipulated / reasonably expected condition due to the fact that you did not agree to the use of cookies or due to the fact that you changed your browser’s settings in a way that affected the performance of the Website. For more information, please familiarize yourself with our Cookie policy /modeshift.com/cookie-policy/.

Copyright and other intellectual property rights

1. All logos, graphic materials, designs, databases, images, and other objects, visualized and accessible in the Internet Website are the subject of intellectual property and protected by the Copyright and Related Rights Act, The Marks and Geographical Indications Act, and/or the Industrial Design Act. Copying or otherwise retrieving, using, and/or distributing these objects without the consent of their rightsholder is prohibited and constitutes a breach of the applicable law.

2. Modeshift Ltd. owns the rights on the database. Users are under the obligation not to copy, otherwise, retrieve or distribute the specified database nor to use the database for their own or other’s commercial purposes. The violation of the rights of Modeshift Ltd., regarding the database, owned by it, constitutes a violation of the Copyright and Related Rights Act.

3. The computer code (program), which constitutes the Internet Website is subject to copyright. Any manipulation of the code, its copying, its use in a manner which was not intended (when the purposes for creating the code are taken into account), including its implementation in other programs and its distribution constitute a violation under the Copyright and Related Rights Act. In the event of any suspicion of such breach committed by you or in your favor, Modeshift Ltd. is entitled to immediately suspend your access to the Website. In any case, Modeshift Ltd. has the right to seek retribution for any damages, which exceed the amount of the penalty.

4. Copying, implementing, distribution or usage in any other way of the logo and design of the Internet Website are also forbidden. They can be used only after receiving permission from Modeshift Ltd.

Termination

Modeshift Ltd. has the right to terminate the agreement between itself and you for the use of the Internet Website and to immediately cease your access to the Website.

Others

1. If a clause of the General terms of use is invalid, the invalid clause does not apply. In this case, all other clauses of the General terms of use shall remain in force and continue to be binding for the parties.

2. Users are required to submit all their claims to Modeshift Ltd. for the purpose of voluntary settlement of the relations between the parties on e-mail info@modeshift.com. In the event that no agreement is reached voluntarily, the parties agree that all disputes will be referred to the court.

3. For all issues, which are not covered by these General terms of use, the applicable provisions are those of the legislation of the United States of America.

The General Terms of Modeshift Ltd. /modeshift.com/terms-of-use, Privacy Policy /modeshift.com/privacy-policy and Cookie Policy for the Website www.modeshift.com /modeshift.com/cookie-policy, adopted by Modeshift Ltd., consist an integral part of these General terms of use.