Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Mode Games' Website, located at www.mode-games.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use www.mode-games.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing www.mode-games.com, you agreed to use cookies in agreement with the Mode Games's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Mode Games and/or its licensors own the intellectual property rights for all material on www.mode-games.com. All intellectual property rights are reserved. You may access this from www.mode-games.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from www.mode-games.com
- Sell, rent or sub-license material from www.mode-games.com
- Reproduce, duplicate or copy material from www.mode-games.com
- Redistribute content from www.mode-games.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Mode Games does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Mode Games, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Mode Games shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Mode Games reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Mode Games a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Mode Games; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Mode Games. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Mode Games' logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Privacy Policy
This Privacy Policy describes the information collected by Mode Games PTY LTD (“DDM,” “we,” “us” or “our”) through our mobile applications and website and how we use that information.
We Collect Limited Information with Our Applications.
When you download and use our mobile applications for children, we don’t require you to provide any information other than that which is solely used for the purpose of the experience within the application and we don’t collect any information about you or your device, except we collect:
(i) non-personal information about the duration the mobile application is used and how it is used, such as the screens viewed and actions taken within the mobile applications, which is used solely to enhance and improve our applications; and
When you use our mobile applications designed for adults and elect to utilize the social features of those applications, you may elect to provide us with your email address and other information only as permitted by you. We don’t store, share or disclose any of that information, other than email addresses which are used only to provide the features within those applications.
We Comply with the Children’s Online Privacy Protection Act
Our website and mobile applications comply with the Children’s Online Privacy Protection Act (“COPPA”). We don’t knowingly collect personal information from children under the age of 13 in violation of COPPA, and if in the event that a user identifies himself or herself as a child under the age of 13 through a support request, we will not collect, store or use, and will delete in a secure manner, any personal information of such user.
When You Request Support, You May Send Us Email
We allow users to contact us if they have support questions about use of our mobile applications. If you submit a support request, we may receive your email address and other information you provide related to your support request (“Support Information”). We use Support Information only for the support for the internal operations of our website and Apps as provided under Section 312.2 of the COPPA rules effective July 1, 2013.
Information Sharing and Disclosure
We use Support Information only for the support for the internal operations of our website and Apps as provided under Section 312.2 of the COPPA rules effective July 1, 2013. We don’t rent, sell or share your email address unless we have your express consent and in the following circumstances:
(i) We may share your Support Information with our support providers, but only for the purpose of providing support to you.
(ii) We may share your email address and/or Support Information: (a) to protect the security or integrity of our website and mobile applications, (b) to take precautions against liability; (c) to respond to judicial process, or (d) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and where such information is not used for any other purpose, all in compliance with Section 312.5(c)(6) of the COPPA rules effective July 1, 2013. For email addresses not subject to COPPA, such as email addresses collected through our mobile applications designed for adults, we may share those email addresses on a confidential basis in connection with a merger or acquisition involving our company.
A Note about Push Notifications
For our iOS applications, we may send push notifications if the user opts in to receive them. Apple’s push notification process automatically provides us with a token which is identified to a specific device, enabling notifications to be sent to that device through Apple’s push notification service. The token is used only to send push notifications. The token is not disclosed and is not used for any other purpose or combined with any other information. We send push notifications to communicate information about how to interact with our applications. Notifications can be turned off through the “Notifications” tab within iOS “Settings.”
Cookies
When you visit our website, we may send cookies to your device that uniquely identify your browser. We use cookies to improve the quality of our service by storing user preferences and tracking usage information. Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer.
Links to Third Party Sites
We may provide links and/or connections to third-party web sites or services from our website (we don’t allow links within our mobile applications). We are not responsible for the privacy practices or content of these third-party sites.
Changes to this Privacy Policy
We may amend this Privacy Policy from time to time. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use your email address, we will notify you in advance of posting by email. Such modifications will become effective on the date set forth in the email.
Contact Us
If you have any questions or concerns regarding this Privacy Policy, please send us an email at support [at] mode-games [dot] com