Terms of use
Terms of use
The website is copyrighted and owned by its owner. Certain sections of the site may have their own specific guidelines or terms, which will be made available on the site.
All other terms, guidelines, and rules referenced are incorporated into these Terms.
The Terms of Use establish the legally enforceable regulations that apply to your use of the website. By entering the site, You consent to follow these terms and verify that you are of legal age and competent to accept them. You need to be a minimum of 18 years old to access the site. If you do not accept all of these terms, please refrain from accessing or using the site.
Access to the Site
Under these Terms, the Company grants you a restricted license to access the Site for personal use, noncommercial usage that cannot be conveyed or distributed to others.
Certain limitations apply to the rights granted to you under these Terms: (a) you are prohibited from selling, renting, leasing, transferring, assigning, distributing, hosting, or commercially exploiting the Site; (b) you are not allowed to alter, create derivative works from, disassemble, reverse compile, or reverse engineer any portion of the Site; (c) you cannot use the Site to build a similar or competing website; and (d) you may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site unless explicitly permitted. Any future updates or additions to the Site will also be governed by these Terms. It is required to retain all copyright and other proprietary notices on any copies.
The Company has the right to change, pause, or end the Site as it sees fit, and you agree that the Company will not be liable for any effects resulting from these actions on you or any other party.
You acknowledge that the company is not obligated to provide you with any support or maintenance for the website.
You agree that the Company and its suppliers hold all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, related to the Site and its content, apart from any User Content you submit. These Terms only grant you specific access rights outlined in Section 2.1, without conferring any rights to the intellectual property itself. The Company and its suppliers keep all rights that are not specifically granted in these Terms.
User Content
User Content encompasses any information and material submitted by a user to the Site. It is the responsibility of the user to oversee their User Content and accept any related risks. Users are required to ensure that their User Content aligns with the Acceptable Use Policy. The Company does not support or endorse any User Content submitted by users. Users may be held accountable for their User Content and should create backup copies as needed, since the Company is not responsible for backing it up or providing advance notice before removing User Content.
You are granting the Company permission to utilize your User Content in a variety of ways on the Site, such as reproducing, distributing, and showcasing it. You are also allowing the Company to develop derivative works and integrate your content into other projects. Furthermore, the Company has the authority to grant sublicenses to others for these rights. By consenting to this, you are waiving any moral rights or claims to attribution concerning your User Content.
Usage Policy: According to our "Usage Policy," you are prohibited from using the website to post, share, or distribute any content that violates others' rights, is unlawful, harassing, abusive, threatening, or invades someone's privacy. Additionally, content that is vulgar, misleading, defamatory, or offensive is also not permitted. This encompasses material that encourages racism, hatred, violence, or harm against any person or group, as well as content that is detrimental to minors or that contravenes any laws or regulations.
You also agree to refrain from the following actions: uploading or distributing software that could damage or alter computer systems, sending unsolicited advertisements via the Site, collecting information about other users without their permission, disrupting server networks, attempting to access the Site without authorization, harassing other users, or creating multiple accounts using automated methods.
We reserve the right to review all User Content and to investigate or take appropriate actions against you at our discretion if you violate the Acceptable Use Policy or any other terms of this agreement, or if you create any liability for us or others. Such actions may include modifying or removing your User Content, terminating your Account as stated in Section 8, and/or notifying law enforcement authorities.
By providing any feedback or suggestions regarding the Site, you grant Company the rights to that feedback. The Company may utilize and benefit from your feedback in any manner it chooses. Your feedback will not be treated as confidential or proprietary information.
By accepting these Terms, you agree to safeguard and defend the Company along with its officers, employees, and agents against any claims or demands from third parties that arise due to your use of the Site, breaches of these Terms, violations of laws or regulations, or your User Content. The Company has the right to handle any legal issues associated with these claims, and you are required to assist in their defense. You cannot resolve any claims without the Company's written approval. The Company will strive to promptly notify you of any claims, actions, or legal proceedings as soon as they become aware of them.
Third-Party Links & Ads; Other Users
The website may contain links to external websites and advertisements for products or services from third parties. These links and advertisements are not managed by the Company, which disclaims any responsibility for them. The Company offers these links and ads solely for your convenience and does not support or guarantee them. It is advisable to approach these links and ads with caution and at your own risk. By clicking on them, you agree to the terms and policies of the third-party entity, including their privacy policies.
Extra users. Each user of the website is entirely responsible for their own content. As we lack control over the content created by users, you recognize and agree that we cannot be held liable for any user-generated material, whether produced by you or another person. You understand that the company will not be responsible for any damage or loss that arises from these interactions. In the event of a dispute between you and another user on the site, we are not obligated to get involved.
By consenting to this, you are freeing the Company and all associated parties from any current or future claims or disputes concerning the Site. If you reside in California, you are also relinquishing your rights under California Civil Code Section 1542, which specifies that a general release does not extend to claims that the creditor was not aware of when the release was given.
Cookies and Web Beacons. Black MODS makes use of 'cookies', similar to numerous other websites. These cookies keep track of information such as users' preferences and the specific pages they have accessed on the site. This data is used to improve the user experience by customizing our webpage content to align with the browser type and other relevant information of visitors.
Google uses the DoubleClick DART Cookie, which is a tool from a third-party vendor, to show advertisements to visitors of www.website.com based on their browsing behavior on our site and elsewhere. Users can choose to opt out of DART cookies by accessing Google’s ad and content network Privacy Policy at the specified URL – https://policies.google.com/technologies/ads
Advertisers on our site might use cookies and web beacons. You can find the list of our advertising partners below. Each partner has its own Privacy Policy concerning user data, which can be easily viewed by clicking on the provided links.
https://policies.google.com/technologies/ads
Disclaimers
The website is provided "as is" and "as available," and both the company and our suppliers explicitly deny all warranties and conditions, whether expressed, implied, or required by law. This includes warranties regarding merchantability, suitability for a particular purpose, ownership, accuracy, or non-infringement. We and our suppliers cannot assure that the website will satisfy your requirements, be consistently accessible, timely, secure, free of errors, or accurate, reliable, virus-free, complete, lawful, or safe. If any warranties are mandated by law, they are limited to a period of ninety (90) days from your initial use of the website.
In some regions, it may not be allowed to exclude implied warranties, meaning the aforementioned exclusion may not be relevant. Likewise, there are places where the length of implied warranties is regulated, which could mean that the limitation mentioned above does not apply to you.
Limitation on Liability
Neither the company nor our suppliers will be responsible for any lost profits, lost data, expenses incurred in obtaining replacement products, or any indirect, consequential, exemplary, incidental, special, or punitive damages that arise from or are connected to these terms or your use of the site. Even if we have been informed about the potential for such damages, you are using the site at your own risk and you will be liable for any harm to your device or computer system, as well as for any data loss that may happen.
As permitted by law, our liability to you for any damages arising from or related to this agreement will be limited to a maximum of fifty U.S. dollars. This cap will remain unchanged, regardless of the number of claims made. Furthermore, you acknowledge that our suppliers bear no responsibility for any damages associated with this agreement.
In some regions, restrictions on liability for incidental or consequential damages might not be allowed, indicating that the aforementioned limitation may not be applicable to you.
Duration and Termination. These Terms will remain in effect as long as you continue to use the Site. We have the right to suspend or terminate your access to the Site at our discretion if we believe you have breached these Terms. If your rights are terminated, your Account and access to the Site will be terminated immediately, and any User Content linked to your Account may be removed from our databases. We will not be responsible for any consequences resulting from the termination of your rights under these Terms. Certain sections of these Terms will continue to be applicable even after termination, including Sections 2 to 2.5, Section 3, and Sections 4 to 10.
Copyright Policy.
The Company prioritizes and honors the intellectual property rights of others, and we expect our website users to do the same. We maintain a policy that adheres to copyright laws, which involves removing infringing content and terminating users who consistently violate intellectual property rights, including copyright. If you suspect that a user on our website is unlawfully infringing a copyright and you wish to have the material taken down, you need to submit a written notice containing the necessary details to our Copyright Agent as mandated by law.
your handwritten or digital signature;
Kindly indicate the copyrighted content that you think has been infringed upon.
Kindly identify the specific content on our platform that you think infringes copyright laws and request its removal.
sufficient information to assist us in locating such material.
Your contact details, such as your residential address, telephone number, and email address.
A statement confirming your sincere belief that the disputed content is being utilized without the authorization of the copyright owner, their representative, or in accordance with legal guidelines.
You are affirming that the details in the notification are accurate and that you are either the legitimate copyright owner whose rights have been violated, or you have permission to represent the copyright owner. There may be legal repercussions if this declaration is proven to be untrue.
It is crucial to understand that according to 17 U.S.C. § 512(f), if a written notification contains any false information, the person who filed the complaint may be liable for any costs, financial losses, and legal fees that we incur due to the notification and the copyright infringement allegation.
General
These Terms may be revised periodically, and if there are major modifications, we will inform you through email or by posting a notice on our website. It is your duty to ensure that we have your up-to-date email address. Even if the email we have is incorrect, the notification will still be deemed valid. Changes to these Terms will take effect either 30 days after the email notification is sent or 30 days after the notice appears on our website. These updates will be applicable immediately for new users of our site. By continuing to use our site after being informed of the changes, you agree to comply with the revised terms. Please review our Arbitration Agreement carefully, as it is part of your contract with us and details the procedures for mandatory binding arbitration and waiver of class action rights.
The Arbitration Agreement covers any claims or disputes concerning the Terms or use of the Company's products or services that cannot be settled informally or in small claims court. Such matters will be addressed through binding arbitration on an individual basis, in accordance with this Agreement's terms. Unless otherwise agreed, all arbitration will take place in English. This Agreement applies to you, the Company, and all subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, as well as both authorized and unauthorized users or beneficiaries of the services or goods provided under the Terms.
Prior to initiating arbitration, both parties are required to provide a written Notice of Dispute detailing the claim and the relief sought. This Notice should be directed to Safi, Morocco. If the claim remains unresolved after 30 days, arbitration may proceed. Any settlement proposals must remain confidential and cannot be shared with the arbitrator until after the award has been decided.
Arbitration will be initiated through the American Arbitration Association (AAA), which is a recognized organization for alternative dispute resolution that provides arbitration as detailed in this section. If AAA is not available to conduct the arbitration, both parties must mutually select another ADR Provider. The rules set by the chosen ADR Provider will dictate the arbitration process unless they conflict with the Terms. You can find the AAA Consumer Arbitration Rules applicable to the arbitration on adr.org or by calling the AAA at 1-800-778-7879. A single, impartial arbitrator will lead the arbitration proceedings. Disputes involving amounts under $10,000 may be resolved through non-appearance arbitration at the discretion of the claimant. For disputes of $10,000 or more, the Arbitration Rules will determine the right to a hearing. Hearings will generally take place within 100 miles of your home, unless otherwise agreed. For individuals residing outside of the U.S., the arbitrator will provide reasonable notice for any oral hearings. Any judgment resulting from the arbitrator's decision can be filed in a court with proper jurisdiction. If the arbitrator awards you an amount greater than the last settlement offer made by the Company prior to arbitration, the Company will pay you either that higher amount or $2,500, whichever is greater. Each party is responsible for their own arbitration-related expenses and will share the ADR Provider's fees and costs equally.
Additional rules for arbitration that does not necessitate the attendance of the parties. If this form of arbitration is chosen, it will be conducted via phone, online, or through written documents as determined by the initiating party. There will be no physical appearances by the parties or witnesses unless both parties consent to it.
Time limitations. Should you or the Company choose to engage in arbitration, the arbitration proceedings must commence and conclude within the timeframe established by law, as well as the deadlines specified in the AAA Rules for the applicable claim.
The arbitrator will possess the authority to determine the rights and obligations of both you and the Company during the arbitration process. Your dispute will not be merged with any other cases or parties involved. The arbitrator can resolve any claims, grant monetary compensation, and offer any other remedies permitted by law, the AAA Rules, and the Terms. A written decision will be issued by the arbitrator outlining their findings and conclusions. The decision made by the arbitrator is final and must be adhered to by both you and the Company.
Both parties consent to waive their rights to a court trial with a judge or jury, choosing instead to pursue arbitration as specified in this Agreement. Arbitration is usually more efficient, less expensive, and undergoes limited judicial scrutiny compared to conventional court processes. Should any legal disputes arise between the parties in state or federal court concerning arbitration awards, they both relinquish their right to a jury trial and agree to have the matter decided by a judge.
The agreement states that any disagreements must be settled individually instead of as part of a class action, which means that claims from several customers cannot be combined or argued together in court.
Confidentiality is crucial in arbitration, and all aspects of the process should remain private. The parties involved agree to maintain this confidentiality, unless dictated otherwise by law. Nonetheless, this guideline does not prevent a party from revealing information in court to uphold the Agreement, enforce an arbitration ruling, or pursue legal remedies.
If a court finds any part of this Arbitration Agreement to be invalid or unenforceable, that part will be eliminated, but the remainder of the Agreement will continue to be valid and enforceable.
The party facing the lawsuit has the option to forgo some or all of the rights and limitations specified in this Arbitration Agreement. Nonetheless, choosing to waive particular rights does not invalidate or affect the other provisions of the Agreement.
The arbitration agreement will remain in effect even after your relationship with the company concludes.
Despite the previous statement, either party has the option to file an individual action in Small Claims Court if needed.
In an emergency, either side may seek immediate relief from a state or federal court to maintain the current circumstances until arbitration occurs. Pursuing temporary measures does not forfeit any other rights or obligations specified in this Arbitration Agreement.
The arbitration agreement does not include specific claims like defamation, breaches of the Computer Fraud and Abuse Act, and violations of intellectual property rights.
If the Arbitration Agreement permits court litigation, the parties consent to the jurisdiction of the courts located in Netherlands County, California.
The website may be subject to U.S. export laws and regulations, along with similar laws in other nations. You are prohibited from exporting, re-exporting, or transferring any U.S. technical data obtained from the Company, or any products utilizing this data, in violation of U.S. export regulations.
You can find the company's address in Section 10.8. If you're a resident of California, you have the option to submit complaints to the Complaint Assistance Unit of the Division of Consumer Product within the California Department of Consumer Affairs. You can do this by sending a letter to 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.
The Company utilizes electronic communications for all interactions with you, including those occurring via the website, email, or notices displayed on the website. By interacting with the Company, you consent to receive communications electronically and recognize that these digital communications meet any legal standards as though they were provided in physical form.
These Terms constitute the complete agreement between you and us concerning the use of the Site. If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will still be valid. You have an independent contractor relationship with the Company, and neither party is regarded as an agent or partner of the other. These Terms cannot be assigned, subcontracted, delegated, or transferred without the Company’s approval. The Company may assign these Terms at its discretion. The conditions specified in these Terms will also apply to any assignees.
Your personal information matters to us. We encourage you to read our Privacy Policy.
All rights related to copyright and trademark details are fully reserved. The logos, trademarks, and service marks displayed on the website are owned by us or other third parties, and you are prohibited from using them without our written permission or the permission of the respective third-party owner.