Conditions of Use

We run a blog and online store service called Pinball-Mods.com and would love for you to use the services.

Terms of Service:

Updated 3/23/2016

The following terms and conditions govern all use of the Pinball-Mods.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pinball-Mods Privacy Policy) and procedures that may be published from time to time on this Site by Pinball-Mods (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pinball-Mods, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Pinball-Mods.com Account and Site. If you create a comment or review on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with said account. You must not describe your comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pinball-Mods may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pinball-Mods liability. You must immediately notify Pinball-Mods of any unauthorised uses of your account or any other breaches of security. Pinball-Mods will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

    By submitting Content to Pinball-Mods for inclusion on your Website, you grant Pinball-Mods a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. This license allows Pinball-Mods to make publicly-posted content available to third parties selected by Pinball-Mods so that these third parties can analyse and distribute (but not publicly display) your content through their services.

    If you delete Content, Pinball-Mods will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Pinball-Mods has the right (though not the obligation) to, in Pinball-Mods sole discretion (i) refuse or remove any content that, in Pinball-Mods reasonable opinion, violates any Pinball-Mods policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Pinball-Mods sole discretion. Pinball-Mods will have no obligation to provide a refund of any amounts previously paid.


  3. Responsibility of Website Visitors. Pinball-Mods has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, Pinball-Mods does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pinball-Mods disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  4. General Conditions. We reserve the right to refuse service to anyone for any reason at any time.

    You understand that your content/user data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In most cases, we make every effort to protect user data (names, addresses, email, etc) behind SSL encryption; we cannot be held responsible for data breaches.
    Credit card information is never transmitted to us in any form as we use Paypal as our primary vendor. Please see their terms and conditions for details on how they protect your data.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from our Owners.

    You agree to use any products / services from us in a completely legal manner. Pinball-Mods.com will not held liable for misuse of our products by the end user. By purchasing these products from us; you agree to be responsible for the products use in a safe and legal manner.


  5. Services and Pricing. Prices to our product or services are subject to change without notice.
    We reserve the right and at anytime to modify or remove a Service or Product without notice or warning. We cannot and will not be liable to you or any third party for any modification, price change, or discontinuation of this Product/Service. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

  6. Products. Many of our products are available exclusively online thru this website and may have limited quantities and are subject to returns or exchanges per our Return Policy. We have made every effort to display the product(s) as accurately as possible which appear in our store; however, we cannot guarantee that your shopping device is able to display the color accurately.

    We reserve the right to limit the sales of our products to any person, distributor, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis but are not obligated to exercise that right. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited.

    In most cases we offer a warranty on the quality of the products we offer for sale; Please see our warranty conditions here.

    Some of our products are offered for resale at our distributors. In those cases; for liability, the distributors are responsible for technical support and refund requests. We cannot and will not refund a user for any material purchased from a distributor. We do pride ourselves on "customer first"; so if you cannot contact a distributor - we`ll try to assist in a reasonable manner.


  7. Billing Accuracy. We reserve the right to refuse any order - at our discretion for any reason. Usually; We may limit or cancel quantities in the case of low stock situations or in the case of suspected fraud... but we may exercise this option at any time. In most cases; we will make an attempt to contact you via email to discuss the situation with you - so please ensure your email address is accurate with your order. In all cases; any cancellations will be refunded via the Paypal system and will not exceed the purchase price of the item(s).
    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

  8. Optional Tools. We may provide you with access to 3rd party tools which we neither maintain, monitor, or have control. You agree that we provide the tools "as-is" and "as-available" without any warranties, representation, or conditions. Further we do not endorse these tools and shall have no liability whatsoever arising from the use of those tools.

    We may provide software tools to you for use with our products. In most cases we clearly specify the Operating systems and environments at which these tools are expected to operated; however, we cannot ensure these software products will operate with 100% functionality in all situations. Please feel free to contact us with any issues you may have and we will attempt to help you resolve the situation; but we cannot warrant that the product will work for every user in every situation to their expectation(s). Please exercise your right to try the software before purchasing any of our hardware products to ensure it will at least run/execute on your computing device.

    In all cases; our software product warranties match the hardware product warranty; both expire at the same time per that policy.


  9. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Pinball-Mods.com links, and that link to Pinball-Mods.com. Pinball-Mods does not have any control over those non-Pinball-Mods websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pinball-Mods website or webpage, Pinball-Mods does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pinball-Mods disclaims any responsibility for any harm resulting from your use of non-Pinball-Mods websites and webpages.

  10. Copyright Infringement and DMCA Policy. As Pinball-Mods asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pinball-Mods.com violates your copyright, you are encouraged to notify Pinball-Mods.com.

  11. Intellectual Property. This Agreement does not transfer from Pinball-Mods to you any Pinball-Mods or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pinball-Mods. Pinball-Mods.com, the Pinball-Mods.com logo, and all other trademarks, service marks, graphics and logos used in connection with Pinball-Mods.com, or the Website are trademarks or registered trademarks of Pinball-Mods or Pinball-Mods licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pinball-Mods or third-party trademarks.

  12. Advertisements. Pinball-Mods reserves the right to display advertisements.

  13. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Pinball-Mods.com within the designated notice period. Your continued use of Pinball-Mods.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  14. Termination. Pinball-Mods may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pinball-Mods.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  15. Disclaimer of Warranties. The Website is provided “as is”. Pinball-Mods and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pinball-Mods nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  16. Limitation of Liability. In no event will Pinball-Mods, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pinball-Mods under this agreement during the twelve (12) month period prior to the cause of action. Pinball-Mods shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Pinball-Mods Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  18. Indemnification. You agree to indemnify and hold harmless Pinball-Mods, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  19. Mobile Service. Access to this website via a mobile device may incur charges via your carrier`s normal rates and fees, messaging fees or data charges may apply and are your responsibility. Pinball-Mods.com operates this website free of charge to all users and will not surcharge mobile users - we cannot and will not charge your mobile phone any fees.

  20. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

  21. Miscellaneous. This Agreement constitutes the entire agreement between Pinball-Mods and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Pinball-Mods, or by the posting by Pinball-Mods of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pinball-Mods may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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