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Terms and conditions

Welcome to www.modoshop.com (the “Site”).
MODO Eyewear provides this Site and related services subject to the following terms and conditions of use (the “Site Terms”).
By accessing, browsing or using this Site you agree to follow and be bound by these Site Terms and Conditions and all applicable law.

Privacy
We have adopted a Privacy Statement that you should refer to in order to fully understand how we collect and use your information.

Electronic Communications
When you visit this Site, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright
Images of people, places and/or products posted on this Site are either the property of MODO Eyewear, or are used herein with express permission to MODO Eyewear. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of MODO Eyewear and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of MODO Eyewear and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can only be made with the prior written and express authorization of MODO Eyewear. For further information on how you may obtain authorization to use any materials or content on this Site, please contact MODO Eyewear at info@modo.com or 800 223 7610.

Trademarks
All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of MODO Eyewear or its affiliates. MODO Eyewear and its affiliate's trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of MODO Eyewear. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of MODO Eyewear, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MODO Eyewear. All other trademarks, registered trademarks, product names and company names or logos used on this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of MODO Eyewear or its affiliates, nor may you place any meta tags or any other “hidden text” utilizing MODO Eyewear's or its affiliate's names, trademarks, or product names without our express written consent.

License and Site Access
We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any of the contents of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.

Your Account
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. MODO Eyewear will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MODO Eyewear or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify MODO Eyewear immediately of any unauthorized use of your account and/or password(s), or other breach of security.

Matter You May Submit to MODO Eyewear
From time to time MODO Eyewear may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, MODO Eyewear welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to MODO Eyewear must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material. Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to MODO Eyewear will become, upon your submission, the sole and exclusive property of MODO Eyewear and MODO Eyewear shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that MODO Eyewear has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to MODO Eyewear. By submitting any materials of any kind to MODO Eyewear, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to MODO Eyewear does not and will not violate or infringe the rights of any third-parties. MODO Eyewear has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, MODO Eyewear reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by MODO Eyewear necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. MODO Eyewear does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of MODO Eyewear. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by MODO Eyewear or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, MODO Eyewear is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You agree to fully indemnify MODO Eyewear, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimer of Warranties and Limitation of Liability
This site including content is provided on an as is basis without warranties of any kind (expressed or implied) by MODO Eyewear. MODO Eyewear disclaims warranties of any kind (expressed or implied). MODO Eyewear makes no representations or warranties that this site including content is free of errors. MODO Eyewear is not responsible for errors or omissions relating to pricing, text, or any other content on this site. MODO Eyewear makes no warranties that this site or its server(s) are free of harmful components or viruses even if MODO Eyewear has knowledge of possible damages arising. Use of this site is at your own risk.

Termination
Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Site Terms will still apply.

Applicable Law
By accessing, browsing or using this Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and MODO Eyewear or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts located in New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and MODO Eyewear or any of its affiliates.

Site Policies, Modification and Severability
We reserve the right to make changes to this Site, our Privacy Statement, and these Site Terms at any time. If any of these Site Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Entire Agreement
These Site Terms constitute the entire agreement between the user and MODO Eyewear with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Software
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at our corporate office:

MODO Eyewear
594 Broadway, Suite 801
New York, NY 10012
800 223 7610
info@modo.com



Copyright © Modo 2008