Last revised on December 5, 2018
Welcome to Modjes.com and the MODJES Mobile Apps, owned and operated by ManilaConnection LLC (“us,” “we,” the “Company” or “MODJES”). Modjes.com and the MODJES Mobile Apps (collectively the “Platform”) are a platform created for single adults to meet, interact, and date other single adults (the “Service”).
Please read these TERMS AND CONDITIONS (“Agreement”) carefully. Your access to and/or use of the Services (as defined below) constitutes your legally binding agreement to be bound by these Terms. THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAUSE THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE REFER TO AND READ SECTION 21 OF THESE TERMS THOROUGHLY AND FULLY PRIOR TO USING OUR SERVICES.
1. Acceptance of Terms and Conditions Agreement.
By accessing the Platform or using the Service, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To receive a non-electronic copy of this Agreement, please email us.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
2. Service Eligibility.
You must be at least 18 years of age and single or legally separated to create an account on the Platform and use the Service. By creating an account and using the Service, you represent and warrant that:
- You can form a binding contract with MODJES;
- You are not a person who is barred from accessing the Platform and/or using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
- You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
- You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry;
- You are single or legally separated and genuinely seeking an exclusive long-term relationship or marriage; and
- You are a resident of the United States and the other countries where our Platform and Service is available.
Modjes membership is free. It is free for registered users of the Service to:
- Create an online dating profile on the Platform to use the Service
- Browse photos and profiles of other members
- Read emails and private chat messages sent to them by other members
- View “winks,” and videos sent to them by other members
- Listen to audio messages sent to them by other members
Once you register as a member and create a profile, your profile may remain posted on the Service even if you are not actively using the Service. You acknowledge that although your profile may be viewed, you may not be able to use the Service to communicate with other members if he or she is not then actively using the Service.
If you violate these Terms during your use of the Service, the Company may, in its sole discretion, terminate your account.
4. Term & Termination.
This Agreement shall remain in full force and effect while you access the Platform, use the Service, and/or are a Member of the Service and shall continue indefinitely after you discontinue use of the Service except for any terms that by their nature expire or are fully satisfied.
You may change or cancel your membership at any time, for any reason, by following the instructions on the “change/cancel membership” or similar page on your “Account Settings” page. Further, you may also cancel your membership by sending the Company a written notice of cancellation to the address at the bottom of these Terms, or via email with a notice of cancellation by clicking on the Contact Us button available on our Service. After you cancel your membership, the Company requires a reasonable amount of time to process the cancellation.
If you decide to stop using the Service, but do not cancel your membership, unless you elect to hide your profile (registration information and photo), you will continue to be a Member of the Service and others may view your profile. If you make your profile private by checking the “Make Private” checkbox in your profile, other Members will not be able to view your profile until you uncheck that checkbox. If you cancel your membership, your profile will be removed, and other Members will not be able to view your profile. A Member can hide (make private) his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the “Account Settings” page on the Website.
The Company may terminate or suspend your membership in the Service at any time, for any reason, without notice, if the Company believes that you have violated these Terms, act inappropriately, or otherwise present a threat or detriment to our other member’s MODJES experience. The Company is not required to disclose and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. For any inquiries about your suspension or termination from MODJES, please contact the email address listed at the bottom of these Terms or email us using the “Contact Us” page.
5. Commercial Use Prohibited.
The Website and Service are for personal use only, with no exceptions for any reason. Members may not use the Platform or Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Platform for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform.
6. Your Information
You may be able to create or log-in to your MODJES member account through online accounts you may have with third-party social networking sites (each such account, an “SNS Account”). By connecting to the MODJES Platform through an SNS Account, you understand that MODJES may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the MODJES Service to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
Your use of the Platform and Service, including all Content you post through the Service, must comply with all applicable laws and regulations, whether in the United States or internationally. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of the Company or any other person, as necessary.
You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.
7. Interactions with Other Members.
You are solely responsible for your interactions with other members, and you agree that you understand that MODJES:
- Does not conduct criminal background checks or screenings on its members;
- Does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members;
- Makes no representations or warranties as to the conduct of members or their compatibility with any current or future members;
- Reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records; and
- Is not responsible for the conduct of any Member.
As noted in and without limiting Sections 15 and 20 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service.
You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off of the Platform or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow the Company’s Dating Safety Tips and Chat Room Safety Tips, located on the Platform, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit/debit card or bank account information), or wire or otherwise send money, to other Members.
8. Content Posted By You and Prohibited Activities.
The Company reserves the right to investigate and/or terminate your membership if you have misused the Platform and/or Service, or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Platform but involve Members you meet through the Service. The Company prides itself in creating and maintaining a dating community of quality single adults. We do not discriminate on the basis of gender, age (beyond our 18-year minimum age requirement), race, religion or sexual preference, but we are highly selective with our members. As such, we have strict standards for the content that you post. The following is a partial list of the type of actions that you may not engage in with respect to the Service.
You agree that you will not:
- Create any inappropriate usernames that contain bad, vile, sexual, or offensive words;
- Post profile photos that are not of you;
- Post poor quality, unclear, or low-resolution profile photos;
- Use group photos as your profile photos;
- Use childhood or any old photos as your profile photos;
- Post profile photos of a child or children in any circumstance whatsoever;
- Post photos of objects or animals without you in the picture;
- Post inappropriate photos that are sexually explicit and/or violent in nature;
- Post inappropriate photos that imply or create the impression that you are an escort, cam girl, prostitute, or otherwise seeking compensation for your time, services, or attention;
- Post photos, messages, or a biography that implies or creates that impression that you belong to a gang or engage in criminal, violent, or threatening behavior;
- Post photos that detrimentally affect the look, feel, reputation and quality of the Services;
- Post racially or religiously charged or suggestive content;
- Post content that reflects religious extremism or seeks to convert, persuade, or convince other users to agree with or adopt your personal views and/or beliefs;
- Post content or send messages that seek to convince other users to marry you;
- Post content or send messages that imply sympathy for, or a connection to, terroristic organizations;
- Create any usernames that contain your contact information (telephone number and/or email or other contact information);
- Create a dating profile that contains bad, vile, sexual or offensive words;
- Create a dating profile that contains your contact information (telephone number and/or email or other contact information);
- Impersonate any person or entity;
- Stalk, threaten, or otherwise harass any person, or carry any weapons;
- Violate any law, statute, rule, permit, ordinance or regulation;
- Interfere with or disrupt the Platform or Service or the servers or networks connected to the them;
- Post Information or interact on the Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Use the Service in any way that infringes any third party’s rights, including but not limited to intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform or Service;
- “Frame” or “mirror” any part of the Platform or Service, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or Service or any software used on or for the Platform or Service;
- Rent, lease, lend, sell, redistribute, license or sublicense the Platform or Service or access to any portion of the Platform or Service;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Service or its contents;
- Link directly or indirectly to any other websites;
- Transfer or sell your User account, password and/or identification to any other party
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- Cause any third party to engage in the restricted activities above.
9. Customer Service.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter or through our Platform), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
10. Subscriptions; Billing.
Access to the Platform and use of the Service are currently free. The Company may change the cost to use the Platform and Service at any time, in its sole discretion, and without notice.
11. Modifications to Service or Website and Mobile Apps.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or Service. To protect the integrity of the Platform and the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Platform and/or Service.
12. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website (and such description must be sufficient to enable the company to find the alleged infringing material, such as a URL address);
- Your address, telephone number, and email address;
- A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the company’s copyright agent at the following address: Modjes.com Copyright Agent, 3276 Northside Pkwy, NW, STE. 1114, Atlanta, GA 30327. The company will terminate the accounts of repeat infringers.
13. Intellectual Property.
All intellectual property rights in the Platform and Service are owned by the Company absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform and Service are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MODJES and other Company logos, designs, graphics, icons, scripts and service names may be registered trademarks, trademarks or trade dress of the Company in the United States and/or other countries (collectively, the “MODJES Marks”). The MODJES Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that ManilaConnection LLC is the owner and licensor of the MODJES Marks, including all goodwill associated therewith, and that your use of the MODJES Marks will confer no additional interest in or ownership of the MODJES Marks in you but rather inures to the benefit of the Company. You agree to use the MODJES Marks strictly in accordance with the Company’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that the Company determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the MODJES Marks or any derivatives of the MODJES Marks other than as expressly approved by the Company in writing; (2) use the MODJES Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the MODJES Marks other than in accordance with the terms, conditions, and restrictions herein; (3) take any other action that would jeopardize or impair the Company’s rights as owner of the MODJES Marks or the legality and/or enforceability of the MODJES Marks, including, without limitation, challenging or opposing the Company’s ownership in the MODJES Marks; (4) apply for trademark registration or renewal of trademark registration of any of the MODJES Marks, any derivative of the MODJES Marks, any combination of the MODJES Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the MODJES Marks; (5) use the MODJES Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in the Company’s sole discretion. If you create any materials bearing the MODJES Marks (in violation of this Agreement or otherwise), you agree that upon their creation the Company exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the MODJES Marks or derivative works based on the MODJES Marks. You further agree to assign any interest or right you may have in such materials to the Company, and to provide information and execute any documents as reasonably requested by the Company to enable it to formalize such assignment.
We respect the intellectual property of others and expect Users to do the same. If you believe, in good faith, that any materials on the MODJES Platform or Service infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.
14. Communications and Test Profiles.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Platform or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Platform or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE PLATFORM AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR PLATFORM.
From time to time, the Company may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Platform and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Platform or through the Service is for social, informational, and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
From time to time the Company uses images purchased from different vendors for purposes of advertising or promoting the Company (Platform and services) through its website (www.Modjes.com), Mobile Apps, or social media (e.g., Facebook, Twitter, Instagram), and YouTube. Images shown on these promotional materials (e.g., print, video, and others) are not a representation of our members and subscribers, in any shape or form. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please refer to and read Section 12 of these terms (“Agreement”).
The information provided in the Horoscope section at this site is for entertainment purposes only. By utilizing and accessing the Platform and Service and/or by requesting and/or receiving Horoscope information and/or advice either through the site or any of the guests or affiliates of the company, you agree to release the Company from any and all liability with regard to the contents of the site and/or advice received.
By continuing to use our Service and advice or any information from our Platform, you agree that the Company is to be considered a curio and purely entertainment on your behalf. Advice or content may or may not influence your decisions and/or behavior. You agree that by accessing the Service, you take full responsibility for any and all consequences acted upon in utilizing the information provided on our site. Reports and updates by the Company and the advice and opinions offered, either written and email should be taken strictly as guidelines and suggestions. The Company in no way suggests infallibility where forecasts are concerned and therefore rescinds liability for any personal, business or health decisions. For questions of a medical nature please consult a doctor or medical professional. Financial or speculative queries ought to be referred to expert financial advisors.
Persons under 18 years of age (children) are not allowed to make use of any of our services and products. However, the Company does not monitor or take responsibility for screening its visitors or their age status.
If for political, cultural or social reasons horoscope readings, esoterica and metaphysics of any kind is illegal in your locality, by accessing this site and/or by receiving horoscope readings by email from the Company, you agree that you do so of your own free will and that you will not hold the Company culpable or responsible in any way for any legal ramifications, which you might incur as a result.
17. Personality Quizzes.
Our quizzes are intended to be fun and educational, and they may help increase your awareness of particular experiences or of particular forms of psychological distress. They are not by themselves tools for diagnosing any type of health or mental health condition.
Psychological quizzes on the Platform should not be understood as providing any type of diagnosis or healthcare recommendation. What an individual chooses to do — or ‘should’ choose to do — with the results of any given test, is a matter for the individual and should not be dictated by the test itself. You should not take action upon any information contained on the Website without first seeking professional assistance.
The Company is not responsible for, and expressly disclaim all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the Platform. While the information contained within the Platform may be periodically updated, no guarantee is given that the information provided on the Platform is correct, complete, or up-to-date. THE PLATFORM AND INFORMATION CONTAINED WITHIN THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF ANY INDIVIDUAL’S USE OF, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE, THE PLATFORM OR THE INFORMATION WITHIN THE PLATFORM.
If any provision of this disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. If you do not agree to the above terms, you may not access this Website. Responses to these tests will be recorded anonymously, without any personally identifying information.
18. Chat Rooms.
By entering and participating in any of the Chat Rooms (“Chat Room”) you agree to the following terms and conditions of participation. These terms and conditions are contractually binding upon you and you agree to each of them:
- You enter and participate in the Chat Room and gain access to the materials contained thereon at your own risk;
- We do not monitor or screen communications in the Chat Rooms and we are not responsible for any material that any Chat Room participant posts and we do not assume the responsibility to do so;
- We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the Chat Rooms. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the Chat Rooms;
- We do not endorse or lend any credence to any statements that are made by any participant in the Chat Rooms;
- You are fully responsible for your own statements and materials that you post in the Chat Rooms and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements;
- Any opinions or views expressed by Chat Room participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions;
- In the event that we are notified by any party that any communications contained in the Chat Rooms or any party’s participation in the Chat Rooms are contrary to these terms of Chat Room access, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from the Chat Room. We have no liability or responsibility to investigate or remove any content from the Chat Rooms based on a complaint or otherwise. However, we will do our best to try and remove profane images from the Chat Rooms;
- As a participant in the Chat Rooms, you agree that we may remove any materials from the Chat Rooms for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the Chat Rooms or from the discontinuance of the Chat Rooms at any time;
- We have the right to remove, expel, or disqualify any party from participation and access to the Chat Rooms for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all;
- We reserve the right to terminate the Chat Rooms at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type;
- You agree that you will not (i) use the Chat Rooms for any illegal purpose, (ii) place any material in the Chat Rooms that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (iii) place any material in the Chat Rooms that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person, (iv) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the Chat Rooms, (v) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the Chat Rooms, (vi) pretend to be another person that you are not, (vii) place materials in the Chat Rooms that are disruptive or off-topic;
- By accessing the Chat Rooms and placing any information in the Chat Rooms, you hereby grant us a perpetual, irrevocable, royalty-free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered; and
- You grant to others who access the Chat Rooms a perpetual, non-revocable, royalty-free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party accessing the Chat Rooms.
The Platform may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
20. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
21. Arbitration and Governing Law.
By using the Platform or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures by clicking here.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Fulton County, Georgia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement and any dispute between you and the Company shall be governed by the laws of the state of Georgia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
22. Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Platform or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Platform. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
24. Entire Agreement; Other.
This Agreement is subject to change by the Company at any time. If you are a non-paying basic member at the time of any change, the revised terms will be effective upon the posting of the changes on the Website or Service and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 10. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
26. Special State Terms.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin: You, the User, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to Modjes.com, Attn: Cancellations, 3276 Northside Pkwy, NW, Ste. 1114, Atlanta, GA 30327 (in addition, Ohio users may email us at customercare@Modjes.com). Please include your MODJES username and email address in any correspondence or your refund may be delayed. If you cancel, the Company will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three-day period, we will refund the full amount of your subscription. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Modjes.com before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
Please contact us with any questions regarding this agreement: