These Terms and Conditions apply to the use of this Website and to the use and purchase of Materials and other goods and services from us.
Please read the following Terms and Conditions carefully. Your use of our website implies that you have read and accepted these Terms and Conditions. We reserve the right to change or modify the terms and conditions without prior notice.
In these Terms and Conditions:
1.1 “Materials” means any materials (including articles, ebooks, videos, newsletters and forum and other content, including any premium subscriptions and associated services) provided / made available through the Website;
1.2 “User Account” has the meaning in clause 2.1;
1.3 “User Content” means any user-generated or supplied content submitted to us, such as comments, feedback, discussion, text, data, files, images, photographs and audiovisual material in any format;
1.4 “We”, “us” and “our” are references to Modern Web, Inc.;
1.5 “Website” means our website located at www.modernweb.com; and
1.6 “You” and “your” are references to you as a user of the Website (whether or not you make a purchase).
2. Registration and access
2.1 A number of Materials and our services require or best operate if you register an account (“User Account”). To be eligible for a User Account you must be 13 years of age or older. We may require proof of identity as a pre-requisite to registration.
2.3 If you are using the Website (and any Materials) on behalf of your employer, you and your employer may be bound jointly and severally in relation to these terms and conditions and your employer will be responsible for your actions. You warrant that you are authorized to agree to these Terms and Conditions on behalf of your employer.
2.4 You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including login and password details. If you suspect unauthorized use of your account or that your password is no longer secure, you must notify us immediately. Without limiting clause 2.1, you agree and acknowledge that in the event we suffer loss or damage as a result of a minor purporting to enter into a transaction with us, we reserve the right to take legal action and seek recompense from the parent or guardian of that minor.
2.5 You must not use another person’s User Account without his/her permission.
3. Intellectual Property
3.1 Copyright and all other intellectual property rights in this Website (including its text, graphics, animations, audio-visual materials, user interfaces, photographs, code, music and artwork) is owned by us. Copyright in Materials is in most cases owned by us and in all other cases licensed (whether explicitly or implicitly) to us or has been licensed to us for use on this website
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act of 1976 and similar legislation throughout the world, and except as expressly authorized under such legislation, by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the Website, any Materials or any substantial part of either. The Website and Materials may not be distributed or mirrored to any other computer, server, website or other medium for publication or distribution. Materials are licensed for your own personal, non-commercial use only.
3.2 If as a user you provide us with any User Content for inclusion on the Website or inclusion in or reproduction on any Materials, you grant us a royalty-free perpetual licence to use and reproduce that content on the Website or Materials as the case may be. However, we shall not be obliged to use, display, retain or keep using, displaying or retaining any User Content so supplied. You warrant that User Content that you provide will not infringe any third party’s intellectual property or other rights.
3.3 The brand “Modern Web”, including any logo version of that trademark, is our trademark and may not be used by you without our prior written consent.
4. Your use of the Website and general obligations
4.1 You are provided with access to and depending on your access levels, may be authorized to download material contained on this Website only for your personal use and subject to the payment of corresponding charges. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.
4.2 You must not do anything that would impose or may impose an unreasonable or disproportionately large load on the Website, nor do anything to circumvent or bypass any measures we may use to prevent or restrict access to the Website.
4.3 You must take your own precautions to ensure that the process which you employ for accessing this Website and any Materials do not expose your computer or other devices to the risk of viruses, malicious computer code or other forms of interference which may cause damage. We do not accept responsibility for any interference or damage to your own computer system or device which arises in connection with your use of this Website or any linked website.
4.4 You agree that you will comply with all laws, including export and import restrictions and regulations that may apply to the use of this Website and the purchase and sale of Materials (to the extent applicable).
5. User Content
5.1 From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Website. If you use these features, you must not:
upload, post, transmit or otherwise make available any content that:
- is defamatory;
- promotes, encourages or provides information about unlawful conduct or activities;
- infringes any third party’s intellectual property rights or breaches confidentiality;
- includes a photograph or other likeness, or personal information of another person without their consent;
- contains pornography, nudity, sexual acts or references;
- incites hatred or discrimination against any person or group of persons;
- contains or is used to disseminate any unsolicited or unauthorized advertising or promotional material;
- misrepresents your relationship with any person;
- is misleading, false or deceptive (whether by representations or omissions);
contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website or Materials.
5.2 We reserve the right to remove any User Content that you may post at any time without notice to you.
6. Descriptions and contents of Materials
6.1 In providing information relating to Materials, we attempt to be as accurate as possible however to the extent permitted at law we do not warrant that descriptions of Materials will be accurate, complete, reliable, current, or error-free. Further Modern Web does not always exercise any editorial control over the content of Materials. Opinions, advice, representations and other information or content expressed or made available by third parties, including providers of content for Materials and other users, are those of their respective authors and not of Modern Web.
7. Purchasing and Payment
7.1 All prices listed on the Website are listed in US Dollars. Prices include GST where applicable. Prices are current at time of display but are subject to change without prior notice.
7.2 Additional terms and conditions may apply to purchases of Materials or other goods or services and to specific portions or features of the Website, including special promotions or other similar features, all of which terms are made a part of these Terms and Conditions by reference. You agree to comply with such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific goods/ services offered on or through the Website, those latter terms shall prevail.
7.3 Once you have placed an order to purchase Materials, and provided that order has been accepted, you will receive an order confirmation via email. Please check this confirmation.
7.4 Payment must be effected in the manner described on the Website (credit card, debit card and any other method indicated such as PayPal) and must be received in full prior to dispatch of or provision of access (as the case may be) to Materials. If paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
7.5 If your payment is not received or is declined by your bank or credit card issuer, we will not hold product against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching or providing access to Materials.
7.6 You acknowledge that despite our reasonable precautions, Materials for sale may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
8. Refunds and returns
8.1 Refund of membership fees: If you purchase a Modern Web Premium Website membership you are entitled to request and be given a refund of any membership fees paid if you are not satisfied within 30 days of the membership payment being made. Thereafter, membership fees for periods purchased in advance are non-refundable and only may be refunded at our sole discretion, except if and to the extent required at law.
8.2 If we receive a chargeback request, your User Account will be suspended pending the outcome of the request.
9.1 To the extent permissible at law this website and all materials are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under United States consumer protection law or other applicable law. Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation (including United States consumer protection law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
9.2 We do not make any representations or warranties that your access to the website and materials will be uninterrupted, timely, secure or error free.
9.3 You accept that information on this website (including materials) is provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free.
9.4 To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any other linked website or materials nor do we accept responsibility for any such loss arising out of your use of or reliance thereon. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of:
Mistakes or inaccuracies on the website or in materials;
Any unauthorized access to or use of secure servers and/or personal information and/or financial information stored on those servers;
Bugs, viruses, trojan horses or other harmful code which may be transmitted to or through our website by a third party; or
Any interruption or cessation of transmission from our website.
9.5 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the website or any materials or other goods/ services purchased through it.
10. Links and advertisements
10.1 This Website may contain links to other websites, including but not limited to those of third party supplier and providers (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
10.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated or implied to the contrary.
10.3 Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.
11.1 You agree to fully indemnify and hold us (and our directors and officers) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
12. Breach of Terms and Conditions / Termination / Suspension of Access
12.1 These Terms and Conditions (and hence your User Account) may be terminated immediately by us on written notice to you if you are in breach of this Terms and Conditions, we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach or the breach is incapable of remedy.
12.2 Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Website and/or Materials, preventing computers using your IP Address from accessing the Website and/or Materials, and contacting your internet service provider to request that your access to the Website be blocked.
12.3 Without limiting the foregoing, you acknowledge that we may terminate the operation (generally) of, and hence your access to, this Website (whether temporarily or permanently) at any time by us without notice. Except as required by law, we will not be liable to you for doing so.
12.4 Following termination or if your User Account is suspended any Materials that remain in your User Account but have not been downloaded prior such termination or suspension will no longer be available.
12.5 Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
13. Waiver, Severance and Assignment
13.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
13.2 If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
13.3 In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms and Conditions.
14. Governing Law
14.1 These Terms and Conditions are governed by the laws in force in the State of Illinois (USA). The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Illinois, and its Courts of Appeal.
15. Force majeure
15.1 We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions if the delay is caused by circumstances beyond our reasonable control, including:
(a) fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
(b) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
(c) a significant demand is placed on our infrastructure which is above the usual level of demand and which results in a failure of our software and hardware to function correctly;
(d) the failure of any third party (including without limitation, any bank or other financial organization) to fulfil any obligations to us; or
(e) any other circumstances or events which are beyond our reasonable control.
16.1 Any notice given under these Terms and Conditions must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
(a) in the case of a notice delivered by hand, when so delivered;
(b) in the case of a notice sent by pre paid post, on the third day after the date of posting;
(c) in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.
17.1 These Terms and Conditions supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these Terms and Conditions and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of these Terms and Conditions.
17.2 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions or part of them.
18. Amendments to Terms and Conditions
18.1 No terms and conditions sought to be imposed by you shall bind us unless we agree to same in writing.
18.2 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon publication on this Website and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Date of last update: October 10, 2016