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Update legal docs (#1260)

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* Update legal docs

* add app

* fix homepage
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2023-08-05 17:27:35 -07:00
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<template>
<div>
<div class="markdown-body">
<h1>Terms and Conditions</h1>
<h2>1. Terms</h2>
<p><em>Last Modified: August 5, 2023 </em></p>
<h2>Acceptance of the Terms of Use</h2>
<p>
By accessing this Website, accessible from https://modrinth.com, you are agreeing to be bound
by these Website Terms and Conditions of Use and agree that you are responsible for the
agreement with any applicable local laws. If you disagree with any of these terms, you are
prohibited from accessing this site. The materials contained in this Website are protected by
copyright and trade mark law.
These terms of use are entered into by and between You and Rinth, Inc.
(<strong>"Company"</strong>, <strong>"we"</strong> or <strong>"us"</strong>). The following
terms and conditions, together with any documents they expressly incorporate by reference
(collectively, these "Terms of Use"), govern your access to and use of www.modrinth.com,
api.modrinth.com, or the Modrinth App, including any content, functionality and services
offered on or through www.modrinth.com, api.modrinth.com, or the Modrinth App (the “Service”),
whether as a guest or a registered user.
</p>
<h2>2. Use License</h2>
<p>
Permission is granted to temporarily download one copy of the materials on Rinth, Inc.'s
Website for personal, non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
Please read the Terms of Use carefully before you start to use the Service. By accessing or
using the Service, you accept and agree to be bound and abide by these Terms of Use, our
Privacy Policy, our Copyright Policy, and our California Privacy Notice. If you do not want to
agree to these terms and policies, you must not access or use the Service.
</p>
<ul>
<li>modify or copy the materials;</li>
<li>use the materials for any commercial purpose or for any public display;</li>
<li>attempt to reverse engineer any software contained on Rinth, Inc.'s Website;</li>
<li>remove any copyright or other proprietary notations from the materials; or</li>
<li>
transferring the materials to another person or "mirror" the materials on any other server.
</li>
</ul>
<p>
This will let Rinth, Inc. to terminate upon violations of any of these restrictions. Upon
termination, your viewing right will also be terminated and you should destroy any downloaded
materials in your possession whether it is printed or electronic format.
The Service is offered and available to users who are 13 years of age or older. By using the
Service, you represent and warrant that you are of legal age to form a binding contract with
the Company and meet all of the foregoing eligibility requirements. If you do not meet all of
these requirements, you must not access or use the Service.
</p>
<h2>3. Disclaimer</h2>
<h2>Changes to the Terms of Use</h2>
<p>
All the materials on Rinth, Inc.’s Website are provided "as is". Rinth, Inc. makes no
warranties, may it be expressed or implied, therefore negates all other warranties.
Furthermore, Rinth, Inc. does not make any representations concerning the accuracy or
reliability of the use of the materials on its Website or otherwise relating to such materials
or any sites linked to this Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them, and apply to all access to and use of the
Service thereafter.
</p>
<h2>4. Limitations</h2>
<p>
Rinth, Inc. or its suppliers will not be hold accountable for any damages that will arise with
the use or inability to use the materials on Rinth, Inc.’s Website, even if Rinth, Inc. or an
authorize representative of this Website has been notified, orally or written, of the
possibility of such damage. Some jurisdiction does not allow limitations on implied warranties
or limitations of liability for incidental damages, these limitations may not apply to you.
Your continued use of the Service following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page each time you access the
Service so you are aware of any changes, as they are binding on you.
</p>
<h2>5. Revisions and Errata</h2>
<h2>Accessing the Service and Account Security</h2>
<p>
The materials appearing on Rinth, Inc.’s Website may include technical, typographical, or
photographic errors. Rinth, Inc. will not promise that any of the materials in this Website
are accurate, complete, or current. Rinth, Inc. may change the materials contained on its
Website at any time without notice. Rinth, Inc. does not make any commitment to update the
materials.
We reserve the right to withdraw or amend the Service, and any service or material we provide
through the Service, in our sole discretion without notice. We will not be liable if for any
reason all or any part of the Service is unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Service, or the entire Service, to users,
including registered users.
</p>
<h2>6. Links</h2>
<p>
Rinth, Inc. has not reviewed all of the sites linked to its Website and is not responsible for
the contents of any such linked site. The presence of any link does not imply endorsement by
Rinth, Inc. of the site. The use of any linked website is at the user’s own risk.
You are responsible for making all arrangements necessary for you to have access to the
Service, and ensuring that all persons who access the Service through your internet connection
are aware of these Terms of Use and comply with them.
</p>
<h2>7. Site Terms of Use Modifications</h2>
<p>
Rinth, Inc. may revise these Terms of Use for its Website at any time without prior notice. By
using this Website, you are agreeing to be bound by the current version of these Terms and
Conditions of Use.
To access the Service or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Service that
all the information you provide on the Service is correct, current and complete. You agree
that all information you provide to register with the Service or otherwise, including but not
limited to through the use of any interactive features on the Service, is governed by our
Privacy Policy, and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
</p>
<h2>8. Your Privacy</h2>
<p>
Please read our
<nuxt-link to="/legal/privacy"> Privacy Policy </nuxt-link>.
If you choose, or are provided with, a email, password or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is
personal to you and agree not to provide any other person with access to the Service or
portions of it using your user name, password or other security information (and if you do,
you agree to be responsible for and to indemnify, defend and hold us harmless from any damages
caused by any such person to whom you provide any such information). You agree to notify us
immediately of any unauthorized access to or use of your user name or password or any other
breach of security. You should use particular caution when accessing your account from a
public or shared computer so that others are not able to view or record your password or other
personal information.
</p>
<h2>9. Governing Law</h2>
<p>
Any claim related to Rinth, Inc.'s Website shall be governed by the laws of us without regards
to its conflict of law provisions.
We have the right to disable any user name, password or other identifier, whether chosen by
you or provided by us, at any time in our sole discretion for any or no reason, including if,
in our opinion, you have violated any provision of these Terms of Use.
</p>
<h2>10. Content</h2>
<h2>About the Service</h2>
<p>
When you upload text, software, mods, scripts, graphics, photos, audio, videos, links,
interactive features and other materials that may be viewed on or accessed through Modrinth,
we refer to it as "Content".
The Service allows you to upload and share your gaming content (the “Gaming Content”, to be
distinguished from User Contributions, defined below) with other users of our Service. Unlike
User Contributions, which are owned by the Company, when you use the Service and upload and
share your Gaming Content, the Company does not claim any right, title or interest in or to
your Gaming Content. At the same time, the Company disclaims any and all liability in
connection with the Gaming Content, and you are solely responsible for any and all claims,
actions, damages and the like in connection with the Gaming Content.
</p>
<p>
When you upload your Gaming Content, you hereby grant us a limited use, non-exclusive,
royalty-free, fully paid up, right to display and distribute your Gaming Content to our users
through the Service, which our users in turn may then use at their sole discretion.
</p>
<p>
When you delete your Gaming Content, you agree that your Gaming Content may continue to be
used by any users who have previously downloaded your Gaming Content pursuant to the preceding
license, and you also agree that your Gaming Content may continue to be part of any
already-existing Gaming Content “packs” created by other users as part of our Service until
such time as such Gaming Content has been deleted by such user(s) as part of such “pack(s)”.
Otherwise, for the avoidance of doubt, as between the Company and you, you own and will
continue to own all right, title and interest in and to your Gaming Content.
</p>
<p>All Gaming Content must abide by the Content Standards.</p>
<h2>API Usage</h2>
<p>
As part of our Services, we provide a tool known as Application Programming Interfaces
(Modrinth API). The Modrinth API enables users to perform actions on the Service via their own
services, such as their websites and/or applications.
</p>
<p>
We grant the User of the Modrinth API a limited, non-exclusive, non-sublicensable and
revocable license to download, display, query, create, edit, and delete the User Generated
Content on the Service via their own services, such as their websites and/or applications (the
API License), provided the User complies with the following conditions:
</p>
<ul>
<li>
You are responsible for all activity and Content that is uploaded under your Modrinth
account.
The User uses the Modrinth API in accordance with these Terms, the Community Standards and
all applicable laws and regulations that apply to such use.
</li>
<li>the User does not infringe any rights of third parties.</li>
<li>
You retain all of your ownership rights to your Content. We do not claim any ownership in or
to any of your Content.
</li>
<li>
To enable us to provide the services of Modrinth, you hereby grant us a worldwide,
non-exclusive, royalty-free, and unrestricted license to use, reproduce, distribute copies,
prepare derivative works of, or display Content in connection with Modrinth in any medium
and for any purpose (including commercial purposes).
the User provides Modrinth all assistance requested in complying with, and concluding all
agreements required by the applicable laws and regulations.
</li>
</ul>
<p>
All Content on Modrinth must obey the
<nuxt-link to="/legal/rules"> Content Rules </nuxt-link>. Please be aware of these Rules
before uploading any Content to Modrinth.
Each User using the Modrinth API shall indemnify Modrinth and keep Modrinth indemnified for
all claims, proceedings or actions brought by another User or any other third party, including
governmental authorities.
</p>
<h2>Our Rewards Program</h2>
<p>
Our rewards program (<strong>“Rewards Program”</strong>) provides developers and content
creators with an opportunity to monetize the projects that they upload to the Service.
</p>
<p>
The Company pays to you a percentage of net revenue collected by us and attributable to ad
impressions displayed solely on your project pages. The funds are directly deposited into your
account, which you can monitor and access via your creator dashboard. Simply enroll in the
Rewards Program on your dashboard in order to be able to take advantage of this program.
Please review the Rewards Program terms and conditions, as it contains very important language
regarding, among other things, your status as an independent contractor, your responsibility
to pay taxes, our disclaimers and limitations of liability (in addition to our disclaimers and
limitations of liability in these Terms of Use).
</p>
<h2>Intellectual Property Rights</h2>
<p>
Except for the Gaming Content, the Service and its entire contents, features and functionality
(including but not limited to all information, software, text, displays, images, video and
audio, and the design, selection and arrangement thereof), are owned by the Company, its
licensors or other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual property or
proprietary rights laws.
</p>
<p>
These Terms of Use permit you to use the Service for your personal, non-commercial use only.
</p>
<p>
No right, title or interest in or to the Service or any content contained therein is
transferred to you, and all rights not expressly granted are reserved by the Company. Any use
of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use
and may violate copyright, trademark and other laws.
</p>
<h2>Trademarks</h2>
<p>
The Company name, the terms Modrinth, the Company logo and all related names, logos, product
and service names, designs and slogans are trademarks of the Company or its affiliates or
licensors. You must not use such marks without the prior written permission of the Company.
All other names, logos, product and service names, designs and slogans contained in the
Service are the trademarks of their respective owners.
</p>
<h2>Prohibited Uses</h2>
<p>
You may use the Service only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Service:
</p>
<ul>
<li>
In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or software
to and from the US or other countries).
</li>
<li>
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information or
otherwise.
</li>
<li>
To send, knowingly receive, upload, download, use or re-use any material which does not
comply with the Content Standards set out in these Terms of Use.
</li>
<li>
To transmit, or procure the sending of, any advertising or promotional material, including
any "junk mail", "chain letter" or "spam" or any other similar solicitation.
</li>
<li>
To impersonate or attempt to impersonate the Company, a Company employee, another user or
any other person or entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing).
</li>
<li>
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Service, or which, as determined by us, may harm the Company or users of the Service or
expose them to liability.
</li>
</ul>
<p>Additionally, you agree not to:</p>
<ul>
<li>
Use the Service in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party's use of the Service, including their ability to engage in
real time activities through the Service.
</li>
<li>
Use any robot, spider or other automatic device, process or means to access the Service for
any purpose, including monitoring or copying any of the material contained in the Service.
</li>
<li>
Use any manual process to monitor or copy any of the material contained in the Service or
for any other unauthorized purpose without our prior written consent.
</li>
<li>
Use any device, software or routine that interferes with the proper working of the Service.
</li>
<li>
Introduce any viruses, trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful.
</li>
<li>
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the
Service, the server on which the Service is stored, or any server, computer or database
connected to the Service.
</li>
<li>
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
</li>
<li>Otherwise attempt to interfere with the proper working of the Service.</li>
</ul>
<h2>User Contributions</h2>
<p>
The Service may contain message boards, chat rooms, personal web pages or profiles, forums,
bulletin boards and other interactive features (collectively,
<strong>"Interactive Services"</strong>) that allow users to post, submit, publish, display or
transmit to other users or other persons (hereinafter, <strong>"post"</strong>) content (other
than Gaming Content, as defined above) or materials (collectively,
<strong>"User Contributions"</strong>) on or through the Service.
</p>
<p>
All User Contributions must comply with the <strong>Content Standards</strong> set out in
these Terms of Use.
</p>
<p>
Any User Contribution you post to the site will be considered non-confidential and
non-proprietary. By providing any User Contribution through the Service, you grant us and our
affiliates and service providers, and each of their and our respective licensees, successors
and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise
disclose to third parties any such material for any purpose consistent with your account
settings.
</p>
<p>You represent and warrant that:</p>
<ul>
<li>
You own or control all rights in and to the User Contributions and have the right to grant
the license granted above to us and our affiliates and service providers, and each of their
and our respective licensees, successors and assigns.
</li>
<li>All of your User Contributions do and will comply with these Terms of Use.</li>
</ul>
<p>
You understand and acknowledge that you are responsible for any User Contributions you submit
or contribute, and you, not the Company, have full responsibility for such content, including
its legality, reliability, accuracy and appropriateness.
</p>
<p>
We are not responsible, or liable to any third party, for the content or accuracy of any User
Contributions posted by you or any other user of the Service.
</p>
<h2>Monitoring and Enforcement; Termination</h2>
<p>We have the right to:</p>
<ul>
<li>
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
</li>
<li>
Take any action with respect to any User Contribution that we deem necessary or appropriate
in our sole discretion, including if we believe that such User Contribution violates the
Terms of Use, including the Content Standards, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of the Service
or the public or could create liability for the Company.
</li>
<li>
Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Service.
</li>
<li>
Terminate or suspend your access to all or part of the Service for any or no reason,
including without limitation, any violation of these Terms of Use.
</li>
</ul>
<p>
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
</p>
<p>
However, we cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities described in this
section.
</p>
<h2>Content Standards</h2>
<p>
These content standards apply to any and all User Contributions and use of Interactive
Services. User Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing, User
Contributions must not:
</p>
<ul>
<li>
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory or otherwise objectionable.
</li>
<li>
Promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age.
</li>
<li>
Infringe any patent, trademark, trade secret, copyright or other intellectual property or
other rights of any other person.
</li>
<li>
Violate the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these Terms of Use
or our Privacy Policy.
</li>
<li>Be likely to deceive any person.</li>
<li>Promote any illegal activity, or advocate, promote or assist any unlawful act.</li>
<li>
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm
or annoy any other person.
</li>
<li>
Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
</li>
<li>
Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
</li>
</ul>
<h2>Copyright Infringement</h2>
<p>
If you believe that any User Contributions violate your copyright, please see our Copyright
Policy for instructions on sending us a notice of copyright infringement. It is the policy of
the Company to terminate the user accounts of repeat infringers.
</p>
<h2>Reliance on Information Posted</h2>
<p>
The information presented on or through the Service is made available solely for general
information purposes. We do not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Service, or by anyone who may be informed of any of its
contents.
</p>
<p>
The Service includes content provided by third parties, including materials provided by other
users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.
All statements and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company, are solely the
opinions and the responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not responsible, or
liable to you or any third party, for the content or accuracy of any materials provided by any
third parties.
</p>
<h2>Changes to the Service</h2>
<p>
We may update the content on the Service from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Service may be out of date at any given
time, and we are under no obligation to update such material.
</p>
<h2>Linking to the Service and Social Media Features</h2>
<p>
You may link to our website, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way
as to suggest any form of association, approval or endorsement on our part.
</p>
<p>The Service may provide certain social media features that enable you to:</p>
<ul>
<li>Link from your own or certain third-party websites to certain content on the Service.</li>
<li>
Send e-mails or other communications with certain content, or links to certain content,
contained in the Service.
</li>
<li>
Cause limited portions of content contained in the Service to be displayed or appear to be
displayed on your own or certain third-party websites.
</li>
</ul>
<p>
You may use these features solely as they are provided by us, and solely with respect to the
content they are displayed with and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing, you must not:
</p>
<ul>
<li>
Cause the Service or portions of it to be displayed, or appear to be displayed by, for
example, framing, deep linking or in-line linking, on any other site.
</li>
<li>
Otherwise take any action with respect to the materials contained in the Service that is
inconsistent with any other provision of these Terms of Use.
</li>
</ul>
<p>
The website from which you are linking, or on which you make certain content accessible, must
comply in all respects with the content standards set out in these Terms of Use.
</p>
<p>
You agree to cooperate with us in causing any unauthorized framing or linking immediately to
cease. We reserve the right to withdraw linking permission without notice.
</p>
<p>
We may disable all or any social media features and any links at any time without notice at
our discretion.
</p>
<h2>Links from the Service</h2>
<p>
If the Service contains links to other sites and resources provided by third parties, these
links are provided for your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third party websites
linked to this Service, you do so entirely at your own risk and subject to the terms and
conditions of use for such websites.
</p>
<h2>Geographic Restrictions</h2>
<p>
The owner of the Service is based in the state of Delaware in the United States. Access to the
Service may not be legal by certain persons or in certain countries. If you access the Service
from outside the United States, you do so on your own initiative and are responsible for
compliance with local laws.
</p>
<h2>Disclaimer of Warranties</h2>
<p>
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Service will be free of viruses or other destructive
code. You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any lost data. WE
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED
ON IT, OR ON ANY WEBSITE LINKED TO IT.
</p>
<p>
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS
AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS.
</p>
<p>
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR PARTICULAR PURPOSE.
</p>
<p>
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
</p>
<h2>Limitation on Liability</h2>
<p>
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
</p>
<p>
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY
WHATSOEVER, FOR DAMAGES TO YOU AND/OR ANY OTHER PARTY WHATSOEVER (TAKEN IN THE AGGREGATE) IN
EXCESS OF THE AMOUNTS RECEIVED FROM YOU DURING THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT
GIVING RISE TO THE CLAIM.
</p>
<p>
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
</p>
<h2>Indemnification</h2>
<p>
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and
service providers, and its and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys'
fees and court costs) arising out of or relating to your violation of these Terms of Use or
your use of the Services, including, but not limited to, your User Contributions, any use of
the Service's content, services and products other than as expressly authorized in these Terms
of Use or your use of any information obtained from the Service.
</p>
<h2>Governing Law and Jurisdiction</h2>
<p>
All matters relating to the Service and these Terms of Use and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the internal laws of the State of
Delaware without giving effect to any choice or conflict of law provision or rule (whether of
the State of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising
out of, or related to, these Terms of Use or the Service shall be instituted exclusively in
the federal courts of the United States or the courts of the State of Delaware in each case
located in Delaware, although we retain the right to bring any suit, action or proceeding
against you for breach of these Terms of Use in your country of residence or any other
relevant country. You irrevocably waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
</p>
<h2>Arbitration</h2>
<p>
At the Company's sole discretion, it may require You to submit any disputes arising from the
use of these Terms of Use or the Service, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration Association applying
Delaware law.
</p>
<h2>Limitation on Time to File Claims</h2>
<p>
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR
THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES,
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
</p>
<h2>Waiver and Severability</h2>
<p>
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or a waiver of any other term
or condition, and any failure of the Company to assert a right or provision under these Terms
of Use shall not constitute a waiver of such right or provision. If any provision of these
Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will continue in full
force and effect.
</p>
<h2>Entire Agreement</h2>
<p>
The <strong>Terms of Use</strong>, our <strong>Privacy Policy</strong>, our
<strong>Copyright Policy</strong> and our <strong>California Privacy Notice</strong> (if
applicable) constitute the sole and entire agreement between you and the Company with respect
to the Service and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Service.
</p>
<h2>Your Comments and Concerns</h2>
<p>This website is operated by:</p>
<p>
Rinth, Inc.<br />
410 North Scottsdale Road<br />
Suite 1000<br />
Tempe, AZ 85281
</p>
<p>
All notices of copyright infringement claims should be sent to the copyright agent designated
in our Copyright Policy in the manner and by the means set forth therein.
</p>
<p>
All other feedback, comments, requests for technical support and other communications relating
to the Service should be directed to: support@modrinth.com.
</p>
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