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Terms & Conditions

Terms & Conditions

OpenCore OÜ, an Estonian corporation, is the provider of the website as well as related service(s). Its primary location of business can be found at Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1.Definitions.

The word "Dispute" means to any claim, dispute, controversy, disagreement, or disagreements among the Parties coming out of, or associated in any way to, these Conditions (or any Terms, supplements, or changes intended by these Terms), such as lacking restriction, any action taken in tort, contract, or otherwise, at equity or at law, or any claimed violation, including, without restriction, any issue concerning with the meaning, effect, reliability, efficiency, dismissal, interpretation, or execution of these Conditions or any Terms contemplated by the Agreement.

All references to "Material Breach" refer to any violation of these terms that, in the circumstances of the non-breaching Party, would reasonably lead one to want the immediate termination of these terms.

All services provided by us, including but not limited to hobbyist software for gamers, news, and entertainment about game modding through our website, are referred to as "Services" in this context.

When we refer to the "Terms" and/or "Agreement," we mean these terms and conditions as they are stated below.

Terms like "us," "we," and/or "our" in relation to "FiveMods" refer to OpenCore OÜ.

Any mention of the "Website" refers to any website that has the domain name fivemods.io, including all of its subdomains (www.fivemods.io, example.fivemods.io, etc.).

When "you" or "User" are mentioned, it refers to the person using the website and/or services.

1.2. Agreement to be Bound; Grant of Permission.

This website's pertinent information, including all features and services (like podcasts, video and photo galleries, publications, and other materials), as well as the Services, are subject to the terms and conditions listed below. It is the User's agreement to be bound by these terms without consent, so please read them carefully before using this website or the services.

In addition to governing your use of the website and/or the Services, the Privacy Policy also applies to these Terms and Conditions.

It is agreed upon by you that all of our vendors will be third-party beneficiaries of these terms and conditions. The other companies will be given the right to directly implement and depend on any aspect of these terms and conditions that benefits them. The Terms will not assist any other party as a third party.

SECTION II: GENERAL PROVISIONS 2.1. Accuracy, Completeness and Timeliness of Information.

If any information made available on the website and/or through the services is inaccurate, incomplete, or out of date, we take no responsibility for it. Without restricting the aforementioned, the AI Game Guide is a bot that depends on other sources that might not be precise, comprehensive, or up to date, or that might not contain the data you need. You understand that the website as well as the Services should not be relied upon or utilized as the sole foundation for decisions without first contacting main, more reliable, more complete, or more current sources of information. Services are only offered for general information.

2.2. Errors in Web Site and/or Services

We do not guarantee that any mistakes in the website and/or services will be fixed.

2.3. Modifications and Changes to Terms and Conditions.

At any moment, in our sole judgment, we may modify, add to, suspend, or remove these Terms and Conditions or other agreements, completely or in part. Any changes, additions, or deletions take effect right away when they are posted on the website. Once the terms and conditions have been modified, added, or eliminated your use of the website and/or continuing use of the services will be considered your acceptance of the changed, added, or deleted material.

2.3. Modifications and Changes to Terms and Conditions.

Any portion of this website or the services it offers may be modified, added to, suspended, or deleted at any moment, in our own sole judgment. All changes, changes, or removals take effect immediately. These changes, additions, or deletions could pertain to the available material, the hours of operation, or the equipment needed to use or access, among other things.

2.5. Access to Website and/or Services.

Despite our best efforts, we cannot guarantee that the website and services will always be accessible, even with planned maintenance downtime. We make an effort to make the website and services available twenty-four (24) hours a day, seven (7) days a week.

We make no guarantees regarding the functionality or accessibility of the website and all of the Services on the device you are using.

2.6. Right of Refusal, Limitation, Discontinuation; and Termination.

For any reason at any time, in our sole choice, we reserve the right to refuse access to the website and/or the services. We reserve the right, in our absolute discretion, to restrict or terminate a user account for any reason. We may try to contact you via the email address, billing address, or phone number you provided when your account was set up in case we change or cancel it; however, failure to do so will not subject you to any liability, such as responsibility for information that was erased as a result of the Account termination.

2.7. Prohibited Uses of Web site and Services.

You consequently agree and acknowledge that you will not use the website and/or the services in any of the following ways:

(a) for any unlawful purpose;

(b) to encourage others to engage in unlawful activity;

(c) to violate any international, governmental, federal, provincial, or state legislation, regulations, laws, or local policies;

(d) to infringe upon or violate our rights to intellectual property or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, discredit, slander, disparage, intimidate, or engage in any unlawful behavior;

(f) submitting information that is inaccurate or deceptive;

(g) uploading or transmitting viruses or any other malicious code which could impact the ability to function or operation of the website;

(h) gathering or tracking other people's personal data;

(i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping;

(j) engaging in any obscene or immoral activity; intention; or

(k) to tamper with or go beyond the website's and/or the services' security measures.

If you use the website or services in violation of any of the prohibited uses, or for any other reason in our sole discretion, we reserve the right to cancel your use of the website and/or the services.

SECTION III: ACCOUNTS, USE OF THE SERVICES

3.1. Online Accounts

It may be possible for users to create a User account (henceforth, "Account") online, which may enable them to receive data from us and/or take use of specific features offered by the website and services. The information you give us will be used in compliance with our Statement of Privacy. You certify and warrant that, to the greatest extent of your knowledge, all the information you submit on the registration page is true, current, and full by registering with us. You pledge to keep the registration data on file as current, full, and accurate as possible by maintaining it and updating it on time. It might be necessary for you to select a password during the registration procedure. You understand and consent that we might use this password to determine who you are. No matter whether you gave permission for such access or use, you are in charge of all use of your account and must make sure that any usage of it complies with all of the terms and conditions stated here

3.2. Multiple Accounts Prohibited

You consent to having just one (1) account and to not trading, selling, or transferring it to another individual or organization.

3.3. Account Guidelines.

Through a number of systems, respond sections, discussion boards, websites, landing pages, social networking outlets, and/or additional interactive functions, users and third parties may be able to communicate on the website and/or through the services. These areas, collectively referred to as "Interactive Areas," may allow users to interact with one another. By using Interactive Areas, you consent to and accept that you will not post, distribute, or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, or unlawful material on the website and/or through the Services.

Shall not use language that harasses or discriminates against users based on their race, religion, nationality, gender, sexual orientation, age, region, handicap, or any other reason. They also shall not threaten or verbally harass other users, use defamatory language, or purposefully interrupt conversations with repeated, pointless, or "spam" messages. Any form of hate speech is subject to an immediate and permanent suspension from the website, services, and/or interactive areas. Users are also prohibited from directly attacking other users. As a clear breach of these terms and conditions, personal assaults are cause for an immediate and permanent termination of your ability to use the website, the services, and/or the Interactive Areas;

Shall not distribute or otherwise publish any material through the Interactive Areas that contains an offer to buy or sell goods or services, advertise, or raise money; shall not upload, post, or otherwise transmit any content that breaks any law or engages in any activity that would be considered a criminal offense or subject one to civil liability; shall not post unsolicited commercial messages (such as spam); and must not upload, post, or send out any content that encourages, explains, or gives instructions on engaging in unlawful action, or that discusses engaging in illegal activity with the intention of doing so; and agrees not to post, upload, or otherwise disseminate any content that doesn't typically relate to the assigned theme or topic of any Interaction Area;

Shall not engage in illegal multi-level marketing, such as pyramid schemes; shall not upload, post, or otherwise transmit any content, software, or other materials that contain a virus or other harmful or disruptive component; shall not interfere with any other User's right to privacy by collecting personally-identifiable data regarding other Users of our Interactive Areas or sharing private information about a Third Party; and shall not pretend to be any individual or organization, including, but not limited to, any of our employees;

Shall not allow or encourage any violations of our policies or these terms and conditions. Shall not cause interference or disrupt the website, services, interactive areas, servers, or networks connected to the website or the interactive areas. Shall not violate any requirements, procedures, policies, or rules of networks connected to the website, services, or interactive areas

Users further agree and acknowledge that we have the right to edit, remove, modify, publish, transmit, and display any profile they create. They also waive any rights to have the material changed in a way that does not suit them.

3.4. Rights in Submissions.

If you post content to an Interactive Area (hereinafter referred to as "Submissions"), you grant us, our partners, and affiliates a worldwide, fully-paid, royalty-free permit to access, modify, openly carry out, openly display, reproduce, and share such submissions in any and all media that is now known or that is developed in the future for storing, indexing, caching, passing on, tagging, marketing, and any other lawful purposes without having to pay you or any third party a fee.

You guarantee that the display, publication, or sharing of any submissions is not and will not infringe upon the rights of any person or entity with regard to privacy, publicity, copyrights, trademarks, patents, contracts, or any other intellectual property rights. You also represent and warrant that you are the owner of all Submissions or that you have a valid license to use them.

3.5. Right to Monitor.

We reserve the right, at our own absolute and exclusive authority, to maintain monitoring over your account.

FEES & PAYMENT

Refund

SECTION V: INTELLECTUAL PROPERTY

5.1. Intellectual Property Rights Not Waived.

These terms and conditions do not provide you a license to use any software; rather, they are an agreement for access to and use of the website and/or services. U.S. and, where suitable, foreign intellectual property laws safeguard the website and services. The Services and this Website are our property and belong to us or our licensors, if any. All ownership rights to the website and services are still held by us. Additionally, we own all of the material ("Materials") that is displayed or transmitted on this website and/or through the services, including but not limited to text, pictures, logos, illustrations, audio clips, video clips, and graphics. These are safeguarded by laws, trademarks, service marks, and other proprietary rights both domestically and internationally.

The Materials carried on the Web site may not be reproduced, copied, published, transmitted, transferred, sold, rented, modified, or used in any other way for commercial purposes. You may also not infringe upon any copyrights or other rights of intellectual property contained in the Materials. Any trademarks, copyrights, or other proprietary notices, or any visual marks and logos, may not be removed from the Materials or altered, nor may you cause them to be removed or altered. For private, non-commercial use only, you may print one copy of any materials that we provide on this website and/or through our services. However, you must not remove or allow to be eliminated any trademarks, copyrights, or other proprietary notices, visual marks, or logos from the materials. Without our prior written consent, you are not permitted to archive or keep any of the content accessible on our website or through the services. Requests for the preservation, republication, or archiving of any portion of the Materials must be made in writing to us, with a clear statement of the intended use and purpose of the Materials.

We reserve all rights not expressly granted under these Terms and Conditions of use. Any requests for permission to archive, retain, or republish any part of the Materials may be sent to [email protected]. You acquire no ownership or a permit at all in the materials other than the limited rights to use the site in accordance with these Terms and Conditions. The materials reached or received from this website must be accessed or downloaded in accordance with the Terms and Conditions of use specified in this Agreement.

5.2. Feedback.

Together with submissions, you can also be able to offer critiques, thoughts, suggestions, and feedback—collectively, "Feedback." If you do so, regardless of whether we asked for the feedback, you give us complete ownership of it. This includes the freedom to use, exploit, duplicate, share, excerpt, publish, distribute, publicly show, publicly perform, create derivative works from, host, index, cache, tag, encode, modify, and modify (including without limitation the ability to adapt to streaming), regardless of whether we asked for it or not.

Downloading, broadcasting, digital, mobile, thumbnail, scanning, or similar technology in any format or media, whether already in use or not, without paying you anything. All of these comments will be handled as non-private information. If it is found that you have moral rights (such as rights of attribution or integrity) in the work you submit, you hereby declare that:

(a) you do not want any personally identifiable information to be used in connection with the work, or in derivative works, upgrades, or updates thereto;

(b) you do not object to the work being published, used, modified, deleted, and exploited without payment to you by us or our licensees, successors, and assigns;

(c) you always waive and agree not to assert or claim any right or title to all of the moral rights of an author in any of the content;

(d) you permanently release us, as well as our licensees. You also give other users permission to retrieve, examine, store, and duplicate the content for their own private purposes.

Despite the aforementioned, you understand that your feedback (henceforth referred to as your "Ideas") may include concepts, ideas, materials, recommendations, suggestions, and the like regarding OpenCore OÜ or its projects, including the Website and Services. Regarding your ideas, you agree that: (a) we receive a lot of submissions from different people, and/or we might have independently developed and/or considered ideas that are similar to yours; (b) our use of any ideas that are similar to yours, whether based on your feedback or submissions, information from third parties, or independently developed or considered, does not imply novelty, priority, or originality.

SECTION VI: Third-Party Advertisements, Promotions, and Links

6.1. Third Party Advertisements and Promotions

On the website and/or the Services, we could occasionally display promotions and adverts from Third Parties. Any correspondence you exchange with other advertisers or that you participate in on their behalf, as well as any terms, conditions, guarantees, or representations pertaining to those interactions, are confidential and only exist between you and that third party. We disclaim all liability and responsibility for any loss or harm resulting from these transactions, including but not limited to the appearance of Third-Party advertisements on the website and/or the Services.

6.2. Use of Third-Party Tools

We might give you access to Third-Party tools that we don't oversee, manage, or have any say over.

It is agreed upon by you that we are giving you access to these tools "as is" and "as available" with no guarantees, representations, or conditions of any kind, nor any endorsement. We will not be held responsible in any way for anything that comes from or is connected to your use of optional third-party instruments.

You use any optional tools made available through the site at your own risk and discretion. You should also make sure that you understand and agree to the terms set forth by the appropriate Third-Party provider(s) before using any tools. In the future, we might additionally provide more features and/or services (such the release of new tools) via the website and/or the services. These Terms and Conditions will also apply to such new features and/or Services.

6.3. Third-Party Links.

Materials from Third Parties may be included in some of the products, services, and content that are made available through our website and/or services.

Links to Third Parties on the website may take you to services and/or websites operated by Third Parties that are not connected to us. We disclaim all duty and responsibility for any contents, products, or services of Third Parties, as well as for inspecting or assessing the content or accuracy of such Third Party materials, websites, or services. Materials from Third Parties may be included in some of the products, services, and content that are made available through our website and/or services.

When you buy or use products, services, resources, content, or engage in any other transactions with Third Parties that you connect with through the services, you assume all risk and liability. Before proceeding with any transaction, please carefully review and ensure that you understand the Third-Party's policies and practices. Complaints, claims, complaints, or questions regarding Third-Party items should be handled to the Third-Party.

SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

7.1. Disclaimer of Warranty; Limitation of Liability

(a) BY USING THE WEBSITE AND SERVICES, YOU AGREE THAT YOU ASSUME ALL RISK. WE DO NOT GUARANTEE THAT USING THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, MOBILE APPLICATION, AND/OR SERVICES, OR REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE WEBSITE AND/OR SERVICES. NEITHER US, OUR AFFILIATES, NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY SUCH WARRANTIES.

(b) THE WEBSITE, SERVICES, AND ANY DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS ARE OFFERED IN ALL CASE ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLEMENTED WARRANTIES, WHICH INCLUDES BUT NOT LIMITED TO, GUARANTIES OF TITLE OR IMPLIED GUARANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE AGAINST INFRINGEMENT, OTHER THAN THOSE. THESE TERMS AND CONDITIONS INCLUDE IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER THE APPLICABLE LAWS. OTHER THAN THOSE IMPLIED BY AND INCAPABLE OF BEING EXCLUDED, RESTRICTED, OR MODIFIED UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT.

(c) NEITHER WE NOR ANYONE ELSE WILL BE RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES AT ALL, WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, UNIQUE, SIGNIFICANT, ACCIDENTAL, PUNITIVE, OR OTHER HARM, INCLUDING BUT NOT LIMITED TO OUTSTANDING, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BODILY HARM, DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, RESULTING OUT OF OR RELATED TO THE USE OF THE WEB SITE AND/OR SERVICES.

(c) FOR ANY UNAPPROVED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION, WE REJECT ALL LIABILITY OF ANY KIND. USE OF THE WEBSITE AND/OR SERVICES CONFIRMS YOUR AGREEMENT TO OUR DISCLAIMER OF SUCH RESPONSIBILITY. YOU SHOULD NOT ACCESS OR USE THE WEBSITE IN ANY OTHER WAY IF YOU DO NOT AGREE.

(e) YOUR QUITTING YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES SHALL BE YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISAPPOINTMENT WITH THE WEBSITE, MOBILE APPLICATION AND/OR THE SERVICES OR ANY OTHER DISSATISFACTION. Certain users may not be able to benefit from any of the above limitations because certain jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages. The aforementioned restrictions will remain in effect after these Terms expire and will benefit us, our affiliates, and their corresponding directors, officers, employees, and agents.

7.2. INDEMNIFICATION

In the event that any of the following occur:

  • your use of the website and/or services;
  • your noncompliance with or breach of this Agreement;
  • your use of third-party services, products, links, advertisements, and/or tools;
  • your violations of any third-party rights, including third-party intellectual property rights;
  • the unauthorized use of the website and/or services by any other person using your information.

You agree to defend, indemnify, and hold us harmless, as well as our affiliates and vendors and their respective directors, officers, Users, and agents, from and against all claims, suits, and expenses, including attorneys' fees.

SECTION VIII: GOVERNING LAW; ARBITRATION

8.1. Governing Law.

The laws of Estonia will apply to the interpretation and enforcement of these Terms, notwithstanding any provisions pertaining to conflicts of law. Unless the binding arbitration provisions of Section 22 apply, you agree to submit to the personal jurisdiction of the courts situated in Tallinn, Estonia, and any cause of action relating to or arising from these Terms, the Web site, and/or the Services must be filed there.

8.2. Arbitration.

The Parties understand that binding arbitration will be the only means of resolving any disputes originating from or related to these Terms, the Website, or the Services. The arbitration will take place in Tallinn, Estonia, using Estonian law and the procedures set forth by the Estonian Chamber of Commerce and Industry's Arbitration Court. The arbitrator's ruling will be final and enforceable against the parties. Any disagreement about the creation, application, enforceability, or interpretation of this agreement, as well as any assertion that all or any portion of it is void or voidable, shall be exclusively resolved by the arbitrator. Notwithstanding the aforementioned, any Party may, in order to preserve the party's rights or property while the arbitration is ongoing, ask any court with competent jurisdiction for an interim injunction or other interim measures.

SECTION IX: MISCELLANEOUS

9.1. Customer Service.

Customer support can be reached at any time at [email protected] If you have any questions, comments, or issues about the website and/or services. All customer support inquiries are our goal to respond to within seventy-two (72) business hours.

9.2. Affiliate Disclosure.

Through the Services, we may connect and promote Third-Party and affiliate items and/or services to which we have a business relationship. Our partnership with Third-Party affiliates may allow us to get a commission on products that users buy.

9.3. Server Location; International Transfer.

We must transmit your information abroad because we are an international business. Specifically, servers in Germany will probably receive and process your information. It's possible that other nations' data protection and other regulations aren't as extensive as your own. Rest assured that we take appropriate measures to guarantee the privacy of your information. You give your consent by using the website and/or services to the methods described in the Privacy Policy for the collection, use, and transfer of your information.

9.4. Authority.

In order for this Agreement to be binding on each Party and enforceable in line with its terms, each Party represents and warrants to the other that it has the complete ability and authority to enter into such an Agreement.

9.5. Waiver.

A right within these Terms may only be waived in writing, with agreement from both parties. A Party may exercise a right at any time in the future; however, a delay in exercising or failure to exercise a right will not be interpreted as a waiver. The rights and remedies set forth herein are cumulative and do not supersede any statutory rights and remedies.

9.6. Force Majeure.

In the event of force majeure, which includes but is not limited to actions taken or orders by any government or public authority, or in the event of any other event beyond our control, such as natural disasters (such as storms, hurricanes, fires, floods, or earthquakes), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes, or disruptions in public utilities (like electricity or telecommunication services), we shall not be obligated to fulfill any obligation. We will make every attempt to inform you of the facts behind the delay and to promptly resume performance, both without undue delay.

9.7. Assignment.

After giving you the notice required by these provisions, we reserve the right to assign and/or transfer these Terms, as well as our rights and duties under them, to any third party. You understand and agree that, in our sole and exclusive judgment, you may not assign or transfer any of its rights under these Terms, nor subcontract or assign the performance of any of its obligations.

9.8. Rights of Third Parties.

Except as specifically stated in these Terms, no third party shall have any rights under these Terms.

9.9. Severability.

The remaining terms of this Agreement will remain in force if any part of it is found to be invalid or unenforceable by applicable law. The invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely reflects the original provision's intent.

9.10. Updates & Effective Date.

These Terms will be in force as of January 17, 2024. We may amend these Terms and Conditions from time to time, therefore we advise you to check them frequently.

SECTION X: INTELLECTUAL PROPERTY

OpenCore OÜ honors other people's intellectual property. You can send us an email at [email protected] to file a DMCA notification if you think your copyright is being violated. The following details must be included in your claim (notice that all information must be supplied in English):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the location of the allegedly infringing content.
  • A description of the copyrighted work that you claim has been infringed, including any registration information.
  • Your address, phone number, and email address