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Agreement to Terms of Use

These Terms of Use apply to the web site located at m0d44.com. The Site is the property of M0D44 VORK LLC.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

m0d44.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, m0d44.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 


Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled or licensed by or to m0d44.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without m0d44.com’s express prior written consent.

 


Shipping & Delivery

m0d44 use NOVAPOSHTA for all shipments within Ukraine. Worldwide delivery is carried out by UKRPOSHTA for standard delivery and UPS/DHL for express delivery. All orders are trackable.

The Products shall be delivered by shipping courier to the address indicated by you in the Order. Your signature shall be requested upon delivery of the Products.

For security reasons, m0d44 shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.

The shipping costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Purchase Button.

In the cases of worldwide delivery, m0d44 shall carry out customs clearance of the Products at the border of Ukraine and shall be responsible for paying all the relevant customs charges (if any) in accordance with the applicable law on shipping (export) of the goods. Such customs charges are included in the prices of the Products as indicated on the Website.

When receiving the Products from the shipping courier you shall carry out customs clearance in connection to the import of the Products to your country and you shall be responsible for paying the relevant taxes, VAT (if applicable) and all the other customs charges (if any) in accordance with the applicable law on shipping (import) of the Products. Such customs charges are not included in the prices of the Products as indicated on the Website as they are determined by the competent authorities of your state. m0d44 advise that prior to pressing the Purchase Button you find out about the applicable rate of the taxes, VAT, and other import charges (if any) for the Products you order.

The Products are deemed to be delivered upon handing them by m0d44 to the shipping courier. m0d44 shall deliver the Products to the shipping courier within 3 (Three) working days of the date of payment for the Products. m0d44 shall not be responsible for the loss or damage of the Products by the shipping courier. Shipping time estimates are stated from the moment the Products are handed to the shipping courier. The shipment by NOVA POSHTA usually takes 1-3 working days, by UPS/DHL – 1-5 working days, but may take longer in some occasions. The term of the shipment by UKRPOSHTA depends on the country of delivery.

As soon as the purchased Product is shipped, you shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow you to real-time monitor the delivery.

m0d44's Customer Service shall provide the assistance required for any potential problem relating to the delivery. You may contact m0d44's Customer Service by email at hello@m0d44.com

 


Return & Exchange Policy

m0d44.com gladly accepts returns of unworn or defective merchandise for full refund or exchange within fourteen (14) days of delivery. Refunds must be accompanied by the original receipt and will be made in the form of the original payment.

You may send the item back to us at the address below using any traceable method. Once we receive your package, we will promptly exchange or refund as you instruct.

Shipping costs will not be refunded. In the case of an exchange, we will cover the cost of the shipping for the new item to you.

Our return address is: 

M0D44 Work (e-shop returns) 

Vul. PREDSLAVYNSKA, 30 kv.19

03150 KYIV 

UKRAINE

 


Privacy & Cookies

m0d44.com’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

m0d44.com use cookies — A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

 


Disclaimers

m0d44.com DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. m0d44.com CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. m0d44.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. m0d44.com DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY m0d44.com SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST m0d44.com FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

m0d44.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 


Limitation of Liability

Except where prohibited by law, in no event will m0d44.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if m0d44.com has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold m0d44.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against m0d44.com by any third party due to or arising out of or in connection with your use of the Site.

 


Violation of These Terms of Use

m0d44.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) m0d44.com’s rights or property, or the rights or property of visitors to or users of the Site, including m0d44.com’s customers. m0d44.com reserves the right at all times to disclose any information that m0d44.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. m0d44.com also may disclose your information when m0d44.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that m0d44.com may preserve any transmittal or communication by you with m0d44.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or m0d44.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of m0d44.com, its employees, users of or visitors to the Site, and the public.

You agree that m0d44.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to m0d44.com, for which monetary damages would be inadequate, and you consent to m0d44.com obtaining any injunctive or equitable relief that m0d44.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies m0d44.com may have at law or in equity.

You agree that m0d44.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If m0d44.com does take any legal action against you as a result of your violation of these Terms of Use, m0d44.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to m0d44.com. You agree that m0d44.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 


Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Ukraine. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between m0d44.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 


Void Where Prohibited

m0d44.com administers and operates the m0d44.com Site from its location in Kyiv, Ukraine; other sites may be administered and operated from various locations. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations.

m0d44.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

 


Privacy Prevention

m0d44.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 


Product Feedback

m0d44.com does, however, welcome your feedback regarding many areas of m0d44.com`s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using this email : hello@m0d44.com