TERMS OF SERVICE
If you do not accept the provisions of these Terms of Service, you may not use the Website or obtain access to the Services. Some special functionalities provided by us may be subject to terms and conditions which are additional and supplementary to these Terms of Service, in particular the Terms of Service of Online Stores. All capitalized terms used in these Terms of Services shall be assigned meanings according to the Terms of Services of Online Stores, unless the Terms of Services directly define another meaning of a used term.
Account - ICT resources within the Website which the Artist/Designer may access following one-time Registration, and upon providing, in each case, the e-mail and password (logging in); the Artist uses the Account to publish and provide the Designers with access to his/her Graphic Designs; the Designer uses the Account to create Online Stores and Product Mockups which are then offered for sale in his/her Online Stores or are made available in Markets for use by other Designers.
Agreement - an agreement for the provision of Services concluded by and between the Artist/Designer/User and Modsly; the Terms of Service constitute general terms of the Agreement.
Artist - a natural person engaged in business activity, an unincorporated organisational entity that has been endowed with legal capacity on the basis of separate provisions, or a legal person, all of whom have created and currently maintain an Account in order to provide access to Graphic Designs which they have delivered; the Artist is not a consumer within the meaning of the law; Artist may also be a Designer.
Artist’s Commission - fee received every time a Product using one of Artist’s Graphic Designs is ultimately sold.
Customer - natural person, legal person or entity without legal personality, with full capacity to perform acts in law, who places an Order on the Website in compliance with the terms and conditions as prescribed in these TOS of Online Stores, and for the benefit of whom Modsly provides services by electronic means; the Customer can simultaneously use Services as Artist or Designer with acceptance of the rules described in Terms of Service.
Designer - a User who uses the available elements and Graphic Designs owned by Artists to create and promote their Product Mockups in Online Stores within his/her Account or in the Market; the Designer is not a consumer within the meaning of the law; Designer may also be an Artist.
Designer’s Commission - fee received every time a Product based on the Product Mockup offered by the Designer for sale either in his/her Online Store or in other Designer’s Online Store is ultimately sold.
Graphic Design - any ready graphic pattern or illustration available through Service, provided by Modsly or one of the registered Artists, any graphic pattern or illustration uploaded to the Service by Designers.
Market - an online showroom within the Service that enables Designers to place their Product Mockups and offer them to other Designers to use in their Online Stores.
Marketplaces - any third party e-commerce services that enable Designers to offer their Product Mockups for sale via their distribution channels.
Online Store - a service provided by electronic means by Modsly; an online storefront offered to Designers as part of their Account, in which they can offer Products based on their Product Mockups on sale and where Customers can purchase Products based on Designers’ Product Mockups; services provided via the Online Store and the purchasing process are regulated by the TOS of Online Stores.
Parties - depending on an Agreement to which the Terms of Service refer: Modsly and the Artist or Modsly and the Designer or Modsly and the User.
Price - price of the Product which depends on the commission set by the Designers and the commissions for Artists whose Graphic Designs were used in the Product Mockup.
Price List - list of prices and costs applicable to the Website.
Product - a physical item provided to the Customer by Modsly.
Product Mockup - a digital presentation of a Product created upon the data published and made available by the Designer.
Registration - a one-time action which consists in creating an Account by the Artist/Designer with the use of an administration panel provided by Modsly on the Website.
Service - a service provided by electronic means by Modsly on terms and conditions provided for in the Terms of Services, which consist in particular in: (a) providing the Artist/Designer with an Account and other functionalities, and (b) making it possible for the User to make an order for a Product.
Service Provider, Modsly - JAKUB BUDZIK, a company with registered seat in Poland, Aleja Prymasa Tysiąclecia 46, 01-242 Warszawa, the National Business Registry Number (REGON): 015268521, NIP: 526 213 65 13.
Terms of Service - these Terms of Service
TOS of Online Stores - terms of service of the Online Stores
User - natural person, legal person or entity without legal personality, having legal capacity using the Website or the Online Store; the User can be either an Artist, a Designer or a Customer
Website - website available on www.modsly.com, app.modsly.com
I. General provisions
- The Service Provider undertakes to provide the Service within the Website in the scope and on terms and conditions specified in these Terms of Service.
- The Service Provider reserves the right to technically modify the manner in which the Service is provided in compliance with the scope and conditions resulting from the authorisations held by Modsly, and also in accordance with the technical capabilities of Modsly without compromising the quality and with no influence on the scope of rights and obligations of the Parties.
- The Service Provider is entitled to periodically suspend the provision of Services on the Website in relation to all or some of the Accounts in connection with carrying out necessary maintenance. The maintenance will be carried out for the shortest time possible.
- In order to assure the safety of transferring messages connected with the Service provided, Modsly undertakes technical and organisational measures which are adequate for the level of risk to the safety of the Service.
- The Artist/Designer undertakes to fulfil any and all tax obligations connected with the activities carried out by the Artist/Designer on the Website.
- It is not allowed to use the Website in a manner contrary to the provisions of these Terms of Service, applicable legal provisions, good practices or rules of social co-existence. The User is not allowed to provide content of unlawful nature.
- The Service Provider and the Users do not place on the Website any offers filed in electronic form within the meaning of the provisions of the Civil Code. In particular, the provisions pertaining to filing an offer in electronic form does not apply in this regard.
II. PROVIDING ACCESS TO GRAPHIC DESIGNS AND SELLING PRODUCTS
- The Artist/Designer keeps all rights to Graphic Designs uploaded by him/her to the Account and may at any time delete any Graphic Designs from the Account. All Orders for Products including Graphic Designs that are placed before the deletion of the Graphic Designs will be completed.
Graphic Designs will be displayed on an Account on condition that a file containing the Graphic Designs satisfies the following technical parameters:
- JPG, TIFF, TGA, EPS, PNG up to 30MB. Minimum 300 DPI in RGB mode,
- no watermarks,
- the whole content of the design is included in one uploaded file,
- no multiple uploads of the same image with slightly changed colour palette or tiny detail,
- the Artist/Designer is the owner of the Graphic Designs.
- Without prejudice to sec. 11.3 and 11.6. below and the rights and obligations of the Parties, Modsly reserves the right to delete the Graphic Designs, which are not in line with the profile of the Website or don’t meet the requirements of sec. 2.2. above.
- By uploading Graphic Designs to the Account, the Artist/Designer gives consent for Modsly and Modsly’s subcontractors to undertake any activities with respect to the Graphic Designs and its developments (in full or in part) that are necessary to create and market the Products based on the Product Mockups using his/her Graphic Designs. Upon uploading the Graphic Design, Artist grants Modsly a territorially unlimited non-exclusive license with the right of sub-license for such Graphic Design in the fields of exploitation necessary to market and sell Products, as well as promotion and marketing of Modsly, in particular: production of a work by means of a specific technique, including reproducing by means of print or reprographic techniques, public performance, displaying, displaying, reproducing and broadcasting and re-publishing, and making the work publicly available in such a way that everyone can have access to it in a place and time by themselves selected.
- The license time is limited to the time during which the graphic is published on the Website. The Artist/Designer may terminate the license with a 12-month notice period.
- Along with the granting of the licence, Modsly has the exclusive right to authorize the exercise of derivative copyright to the Graphic Designs to the extent specified above, including, in particular, the right to make studies and to use and manage the work of the Graphic Designs and its individual parts, by Modsly at its sole discretion, in this to connect it with other works, in particular to supplement the Graphic Designs with subtitles, trademarks and other graphic elements created by third parties. The Artist also agrees for Modsly to make changes to the Graphic Designs.
Furthermore, the Artist/Designer gives his or her consent to the following:
- Modsly and entities cooperating with Modsly using the Graphic Designs or its development (in full or in part) and Product Mockups or photographs of the Product itself solely with a view to promoting the Website or the Artist/Designer (in the Internet, press and television, or during presentations or exhibitions),
- the Designer using the Graphic Designs or its development (in full or in part) and photographs of the Product itself within the Designer’s Account.
III. PRICES AND PAYMENT
- The use of some Services shall be subject to payment to the extent determined by the Price list. The prices presented in the Price list are gross prices (including any taxes, in this VAT) and are expressed in EUR.
- Modsly shall be entitled to amend the terms prescribed by the Pricelist, what shall not constitute an amendment to the Agreement or these Terms of Services. Any change of the Pricelist shall come into force upon the new price list being given to the Artist/Designer.
- Invoices shall be issued in electronic form and rendered available on the Artist’s/Designer’s Account.
- In the case of an Artist/Designer who is a natural person not running a business the Commission shall be reduced by a tax advance, calculated in accordance with applicable law.
- The Commission is expressed in GROSS. In the case of Artists/Designers who are not active VAT payers, the invoice should be issued for the NET amount.
- The fee shall be paid only to the bank account indicated by the Artist/Designer in the Account. The fee payment is made via bank transfer through external PayPal payment system operated by PayPal (Europe) S.a.r.l & Cie, S.C.A based in Luxembourg. The fee may be reduced by payment transaction costs.
- If Modsly has doubts as to the legitimacy of the payment of the fee, it may refrain from its implementation and request the Artist/Designer to submit relevant explanations within 14 days. In case of no response within the above-mentioned period Modsly is entitled to withdrawal the payment of the fee.
- The Artist/Designer gives his or her consent to launching discounts by Modsly. As a result of launching discounts, the price of the Product and the fee paid to the Artist or the Designer is proportionately decreased.
- The settlement between the Artist/Designer and Modsly will be made only once a minimum of EUR 50 (fifty) is accumulated on the Artist’s/Designer’s Account. Within 30 working days of the date of the request, Modsly will pay the settlement in the respective currency. Modsly is also entitled to effect payment in euros; the exchange rates of the National Bank of Poland shall apply when converting currencies.
- The request to pay the commission shall be submitted by the Artist/Designer within 3 (three) years of selling the Product and the Artist/Designer agrees to waive any claims thereto after that period.
- The settlement will not include commission for the sale of Products which were returned by a buyer (on the basis of a complaint or withdrawal from the Sales agreement).
- Modsly is obliged to deduct the tax from the Artist’s/Designer’s account and will reduce his/her remuneration payment accordingly. The Service Provider reserves the right to deduct an advance payment towards taxes and other official and administrative fees (i.e. WHT, VAT) or any other fees paid to third parties, that Service Provider is obliged to pay in different countries around the world.
V. ARTIST’S COMMISSION
- For appropriate and verified by Modsly providing by the Artist of the services connected with the delivery of Graphic Designs to the Website, Modsly undertakes to pay commission to the Artist. The Artist’s Commission is the payment for licensing Graphic Designs to Modsly.
- The commission will be published on the Artist’s Account within the period of 24 hours of selling the Product, with a proviso that it will be blocked until the end of the period prescribed for withdrawal from the Sales Agreement by the Consumer.
- The commission is fixed and set up by Modsly. The amount of the commission due to the Artist is indicated in Pricelist.
- The Artist is solely responsible for the provided data during the payment process. The settlement will be lost in case of providing incorrect or invalid data. The Artist waives all and any claims against Modsly in this respect. At the time of pay-out, the Artist commits to provide basic and valid data for identification purposes. The system will verify data within 72 hours. In case of lack or incorrect data provided, The Service Provider reserves the right to withhold payment until receipt of relevant data.
- The Artist is obliged to submit a statement about his tax residence by filling in the form available on the Website to all registered users, at the same time Modsly has the right to request the Artist to provide the Certificate of Tax Residence.. This certificate will confirm that the Artist pays taxes in the country that has issued it. The Service Provider reserves the right to request valid Certificate of Tax Residence in case of its expiry.
- The Artist’s commission regulated in par. 5.1 – 5.5. above will cover any and all claims that the Artist may have during/in connection with/as a result of the cooperation with Modsly in connection with the Website and selling Products.
VI. DESIGNER’S COMMISSION
- For the provision of services connected with providing access to Product Mockups within the Account (via his/her Online Stores, the Market or the Marketplaces), Modsly undertakes to pay to the Designer commission. Designer’s Commission is the payment for licensing Product Mockups to Modsly.
- The commission will be published on the Designer’s Account within the period of 24 hours of selling the Product based on the Product Mockup, with a proviso that it will be blocked until the end of the period prescribed for withdrawal from the Sales Agreement by the Consumer.
- The commission is set up by the Designer according to the price range provided by Modsly.
- The Designer is solely responsible for the provided data during the payment process. The settlement will be lost in case of providing incorrect or invalid data. The Designer waives all and any claims against Modsly in this respect. At the time of pay-out, the Designer commits to provide basic and valid data for identification purposes. The system will verify data within 72 hours. In case of lack or incorrect data provided, The Service Provider reserves the right to withhold payment until receipt of relevant data.
- The Designer is obliged to submit a statement about his tax residence by filling in the form available on the Website to all registered users, at the same time Modsly has the right to request the Designer to provide the Certificate of Tax Residence. This certificate will confirm that the Designer pays taxes in the country that has issued it. The Service Provider reserves the right to request valid Certificate of Tax Residence in case of its expiry.
- The Designer’s commission regulated in par. 6.1. – 6.5. above will cover any and all claims that the Designer may have during/in connection with/as a result of the cooperation with Modsly in connection with the Website.
VII. ACCOUNT REGISTRATION
- The Registration is completed upon the Artist/Designer accepting a registration form available on one of the Website pages, filling in appropriate spaces of the form and clicking an appropriate button; the Registration is effective upon successful completion of a verification process by Modsly, which is followed by an e-mail with a confirmation of Registration sent to the Artist’s/Designer’s address.
- Upon confirmation of successful registration of the Account by Modsly, an Agreement for unlimited period of time is concluded between the Artist/Designer and Modsly.
- The Service Provider may make the Account registration conditional upon authentication of data provided by the User in the course of registration. In particular, Modsly is entitled to verify Account registration applications by requesting the User to send documents to confirm authenticity of the registration application and verifying the data in state administration authorities.
- Following successful registration, the Artist/Designer gains access to the Account, which is in each case provided by Modsly upon entering the e-mail address and password. or using Facebook Login.
During the Registration and while using the Service, the Artist/Designer is obliged to:
- provide true, accurate and current data that is not misleading and does not infringe the rights of third parties,
- update the data provided in the registration form immediately after any changes to that data (data updates are made via the Account),
- keep the password confidential and not to disclose it to others.
- The Artist/Designer has exclusive liability for the contents of the data provided by the Artist/Designer, as well as for the choice of the username and password, including liability for any possible infringement of third party rights in connection with the selection of the username and password. The Artist/Designer also takes exclusive liability for the disclosure of the password to third parties.
- The Artist/Designer may not assign his/her rights and obligations resulting from the Agreement without consent of Modsly.
- The Artist/Designer bear the exclusive liability for activity carried out from their Account.
- Every person who completes the Registration on behalf of an organisational entity with legal capacity (e.g. registered partnership, limited partnership) or a legal person (e.g. limited liability company, joint-stock company), as well as on behalf of a civil law partnership, states and declares that he or she is fully authorised to conclude the Agreement on behalf and in the name of this organisational entity, legal person or civil law partnership.
- The Account may be deleted by the Artist/Designer at any time where an authorised person files a relevant statement of will to Modsly or requests to delete his/her Account. The Artist/Designer may terminate the Agreement in the same manner.
VIII. TERMINATION OF THE SERVICES AGREEMENT
- Each Party shall be entitled to terminate the Agreement without giving the reasons, without prejudice to the rights acquired by the other Party prior to the termination of the Agreement. There is no minimum period during which the Agreement may not be terminated. All Orders based on the Product Mockups by a particular Designer and including Graphic Designs by a particular Artist that are placed before termination will be completed.
- The Agreement is terminated after 14 days from the date of delivery to the Consumer of the last Product with the Graphic Designs or Product Mockup provided by the Artist/Designer. The Account is also deleted upon expiration of the Agreement, subject to the preceding sentence.
- If Modsly wishes to terminate the Agreement, the Artist/Designer shall be notified at the e-mail address given by them during Registration. The termination of the Agreement by Modsly is irreversible.
- Termination of the Agreement by the Artist/Designer is effected by them by deletion of the relevant Account, which involves making a request for its deletion in the Account’s administration panel. All data and the Product Mockups as well as Graphic Designs will be irreversibly and immediately deleted at the time of account removal. Moreover, the Artist/Designer waives all and any claims against Modsly in this respect.
- The Service Provider shall also be entitled to terminate the Agreement with the Artist/Designer with immediate effect if the Artist/Designer breaches the Agreement in a manner which can be considered as gross. In this case, the Account will be deleted immediately after sending the termination notice to the Artist/Designer, without prejudice to the rights acquired by the Parties. However, in the event of termination of the Agreement with an Artist/Designer by Service Provider, Modsly reserves the right to suspend the fulfillment of orders containing Products based on Product Mockups created by Designer or based on such Artist’s Graphic Designs and were submitted before the date of termination. The Artist/Designer waives all and any claims against Modsly in this respect.
- The Service Provider is entitled to cancel commissions described in sec. 5 and 6 above, with respect to the Artist/Designer who has breached para. 10 below. The Artist/Designer waives all and any claims against Modsly in this respect.
- Termination or expiration of the Agreement does not release any Party from the obligation to satisfy the liabilities incurred in the term of the Agreement, unless the Parties agree otherwise.
- As a result of termination of the Agreement or its dissolution otherwise, any information and data provided on the Website in connection with provision of Services for the Artist/Designer will be removed and the Artist/Designer will irretrievably lose access to them.
IX. ONLINE STORES
- Modsly neither creates Online Stores nor supervises them. Only Users shall be responsible for Online stores.
- Online Stores and content of Online Stores shall be subject to the same restrictions as Graphic Designs and may be reported as violating the law or the Terms of Service.
- The User determines the price for which a given Product is to be put up for sale in the Online Store by adding his/her margin assortment to the base price. Modsly does not interfere in any way in the amount of the margin determined. Modsly, with the express consent of the User, reserves the right to change the base price for important reasons, in particular a change of manufacturer. Such a change affects the final price of the product but has no effect on the amount of margin.
- The Online Store with no inserted Products may be removed by Modsly after 30 days from its establishment.
X. COMPLIANCE OF PRODUCTS AND GRAPHIC DESIGNS WITH LAW AND REPORTING OF POTENTIAL VIOLATIONS
The Artist/Designer represents and warrants that:
- he/she holds (e.g. is the owner, licensee or lessee of) the copyrights, related rights, right of publicity, and industrial property rights (e.g. trademark rights) or other necessary rights to Graphic Designs to the extent required to perform the Agreement and to modify, develop and enhance the Product Mockups on the Website, as well as to use them by the Designers in a manner consistent with applicable law and without violation of the rights of third parties,
- he/she has the full power to enter into this Agreement and it does not require the approval or acceptance of any third party (and if required, it has been granted),
- the Graphic Designs do not violate applicable law or the rights of third parties,
- the Graphic Designs made available do not contain any legal or physical defects, errors or failures. Otherwise, the Artist/Designer will promptly take every action permitted by law in order to remedy this state of affairs, and in the absence of a reasonable possibility thereof, the Artist/Designer will cover the associated damage suffered by Modsly.
In particular, it is forbidden to place on the Website any Graphic Designs, comments, descriptions, content, and Accounts that:
- violate the rights of third parties, including the rights of Modsly, Artists or Designers (e.g. are offensive or are a threat directed at other people or could be considered as such),
- violate applicable law,
- contain any indecent content (e.g. profanities, obscene images, or words which are generally considered offensive),
- serve to promote the goods or services of Modsly’s competitors,
- violate trade secret or the Personal Data Protection Act,
- violate provisions of applicable law other than those listed above,
- otherwise violate the provisions of the Terms of Service, social or moral standards (e.g. contain content promoting violence, pornographic content, hateful racial, religious or ethnic slur, or content offensive to religious feelings).
- If any of the content violates the above provisions, point 11 of the Terms of Service shall apply.
XI. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES
- The Service Provider’s statement: Modsly is a community built upon respect for artists and their intellectual property rights as well as the intellectual property rights of third parties. Modsly has a zero-tolerance policy for intellectual property rights infringement. Therefore, we ask our Artists/Designers to remember about that each time they are uploading content to Modsly. Artists/Designers therefore are required to upload works which in no way infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person or third party or violate any law or judicial or governmental order. In simple words stealing other people's works and passing it as their own is against the law and against what Modsly stands and will stand for.
- The User is to no extent entitled to reproduce, record, publicly display or otherwise use the Graphic Designs.
- The Service Provider stipulates that it does not in any way review, monitor or verify the Graphic Designs (before, during or after posting thereof) for compliance with law and the Terms of Service nor for the possibility of violating the rights of third parties by their content.
- Should the Artist, the Designer or any third party become aware of any Graphic Designs, comments, descriptions or other content posted on the Website that violate the provisions of the Terms of Service, the rights of third parties or applicable law, such Artist, Designer or third party must immediately report that fact by contacting the Website at firstname.lastname@example.org or through the Website’s “Report Abuse” functionality.
- The violation report referred to above and sent to email@example.com should contain at least the details of the reporting entity (including full contact details), specify the nature of the violation, and indicate the Graphic Designs, comments, descriptions or other content which the report concerns so that they can be identified on the Website (i.e. provide specific Internet links). The above report should also contain a handwritten or electronic signature of the reporting entity or its representative (in which case the power of attorney should be attached).
- In case of receipt of an official notification or gaining credible information of the illegal nature of any Graphic Designs or any activities associated therewith information (par.10.2. and 10.3. above), Modsly will immediately prevent access to such Graphic Designs and if the report proves to be correct, Modsly will remove the given Graphic Design, content or the Online Store and the Artist/Designer will irretrievably lose access to them.
XII. USE OF THE WEBSITE
The Artist/Designer is obliged, in particular, to:
- use the Website in a way that does not distort its functioning, in particular through the use of certain software or devices,
- refrain from actions such as: sending and/or posting any unsolicited commercial communication on the Website; multiple Registration of the Artist/Designer on the Website; using the Accounts of other Artists/Designers or sharing their Account with other Artists/Designers; taking any information technology actions or any other actions to acquire possession of the passwords of other Artists/Designers,
- use the Website without causing inconvenience to other Artists/Designers and Modsly and with respect for their rights,
- keep the password secret and make every effort to prevent third parties from gaining possession of the password,
- not using the Service for the purpose of any illegal activity,
- refrain from using the Website for any other purpose than to sell or license his/her Graphic Designs and Products.
- Any Accounts not used for a period of more than three (3) months from last login may be removed without notice. Section 8 above applies accordingly.
- The Artist/Designer is obliged to immediately notify Modsly of any violation of her/his rights to the username and/or password, as well as of any case of violation of the principles set out in these Terms of Service, in particular of any violations of the rules relating to the posting of Graphic Designs on the Website.
Notwithstanding any other rights described in the Terms of Service, Modsly may deprive the Artist/Designer of her/his right to use of the Website (by blocking or deleting her/his Account), and may limit her/his access to part or all of the resources of the Website or the Services offered through the Website with immediate effect if the Artist/Designer violates these Terms of Service, and in particular if the Artist/Designer:
- provided details during Registration on the Website which are untrue, inaccurate or outdated, misleading or violate the rights of third parties,
- otherwise behaves contrary to the general principles of using the Internet, in conflict with the objectives of the Website or in a manner detrimental to the good name of Modsly.
- A person who has been deprived of the right to use the Website may not re-register on the Website without the prior consent of Modsly.
- In the course of using the Service, the Artist/Designer is obliged to immediately notify Modsly of any irregularities, faults or interruptions in the functioning of the Website and poor quality of the Service.
- Any irregularities, faults or interruptions in the functioning of the Service or its poor quality may be reported by the Artist/Designer at the following address: firstname.lastname@example.org
Through the Website, Modsly enables the following:
- obtaining of information about the Website,
- help with Registration by the Artist/Designer,
- lodging of a complaint.
- In the case of any possible non-compliance of the Service with these Terms, the User may submit a complaint to the address: email@example.com. The complaint shall be examined by Modsly within 1 (one) month from the delivery of it to Modsly. The User will be promptly informed of the results of this procedure.
- A complaint may be submitted in writing or by other means of remote communication, including by e-mail, unless prevented by technical capabilities. The Service Provider reserves the right to interfere with the Account of the Artist/Designer to the extent necessary to correct the disruption or problem in the functioning of the Account or the Website. The date of submission of a complaint is the date of its receipt by Modsly.
XIV. LIABILITY (not applicable to the Consumers)
- The Artist/Designer agrees to be solely liable for his/her Graphic Designs. The Artist/Designer also agrees to satisfy all claims regarding infringement of the rights or personal rights of third parties associated with making the Graphic Designs available.
- The liability of Modsly to the Artist/Designer is limited to the value of the commission received by the Artist/Designer in respect of performance under the Agreement (until the event giving rise to the Artist’s/Designer’s claim against Modsly).
- The Service Provider does not secure or guarantee any amount of commission to the Artist/Designer nor that some other Artist/Designers makes a competitive Product available to the Users.
The Artist/Designer have the right to claim damages from Modsly with regard to the Agreement on general terms, subject to the following principles: (a) Modsly is liable for any damage being only a direct consequence of culpable actions or omissions of Modsly; (b) Modsly is not liable for lost profits; (c) Modsly is not liable for any damage resulting from unintentional fault; (d) the Service Provider shall not be liable for:
- any technical problems or limitations occurring in the computer hardware, IT system and telecommunications infrastructure used by the Artist/Designer which prevent the Artist/Designer from using the Website and the Service offered via the Website,
- loss of any Graphic Designs from the Account due to hardware or system failure or other circumstances for reasons not attributable to Modsly,
- unavailability of the Website and Online Stores caused by planned or emergency maintenance, circumstances beyond our reasonable control, including unavailability due to users acts, internet service provider failures or delays, failure or malfunction of equipment or systems, force majeure events,
- the content of advertisements posted on the Website by third parties,
- the use of Products, Product Mockups or Graphic Designs by Users (e.g. violation of the Artist’s/Designer’s or third party's copyrights by Users), including the associated potential damage to the Designer, third party or the Artist,
- compliance of Graphic Designs with applicable law,
- any violation of these Terms of Service by User/Artist/Designer.
- The User/Artist/Designer is solely responsible for ensuring technical compatibility between the hardware and IT system used by them in order to use the Service and the Website.
- If the posting of a Graphic Designs by the Artist/Designer on the Website results in a violation of any law or the rights of third parties, including parties benefiting from the copyrights or related rights or industrial property rights under an authorisation from the Artist/Designer or Modsly acting in reliance on the statements made by the Artist/Designer by accepting these Terms of Service, the Artist/Designer shall be required to fully cover the damage suffered by Modsly in connection with such a violation.
XV. PERSONAL DATA
XVI. AMENDMENT TO THE TERMS OF SERVICE
- The Service Provider may amend these Terms of Service at any time.
- The Designer/Artist will be notified on any amendment to the Terms of Service by an e-mail sent to the address indicated at registration of the Account 7 (seven) days before the new Terms of Service come into effect.
- The new Terms of Service will be effective as of the date indicated in their content as the effective date. If the Designer/Artist fails to terminate the Agreement until the said date, he/she shall be deemed to have accepted the Terms of Service in their amended wording.
XVII. FINAL PROVISIONS
- Any disputes between Modsly and the Artist/Designer shall be settled by courts having jurisdiction over the registered office of Modsly.
- Deeming any of the provisions of these Terms of Service invalid or unenforceable in accordance with the law shall not affect the validity or enforceability of the remaining provisions hereof. The invalid provision shall be replaced with a provision which is closest to the objective of the invalid provision and these Terms of Service in general.
- Any matters not provided for herein as well as any dispute arising out of or in connection with this Terms of Service, shall be governed by the laws in force in the territory of the Republic of Poland.
- The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
- These Terms of Service come into force on 7th of December 2018.
It is our goal to create a site that is accessible and useful to as many people as possible. If you ever have any questions about our Service or Terms of Service, please do not hesitate to contact us at firstname.lastname@example.org.