Last Updated: January 12, 2025

Welcome to https://modlyst.com/ (the “Site”). These Terms of Use (“Terms”) govern your access to and use of the Site, its content, features, and the products, services, tools, and applications offered by Modlyst (“Modlyst,” “we,” “us,” or “our”) (collectively, the “Services”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE MODLYST PRIVACY POLICY, AND ANY OTHER GUIDELINES OR POLICIES REFERENCED HEREIN. YOU ALSO AGREE TO RECEIVE NOTICES AND COMMUNICATE WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. Registration

Creating an account is necessary to access specific features and functionalities of the Site. However, if you simply want to browse, registration is not required.

During the registration process, you will need to provide certain contact information, including a valid email address, a username, and a password. You are required to provide accurate and complete information. Modlyst reserves the right to reject or remove user at its sole discretion.

2. Age of Users

Children under the age of 13 are not allowed to use this Service, and parents or legal guardians may not accept these Terms of Use on their behalf. If we discover that a child under 13 has provided or attempted to provide personal information, we will make every effort to permanently delete such information from our records.

By accessing the Services, you confirm and agree that: (1) You are an individual and at least 13 years old; (2) You are of legal age to form a binding contract or have obtained permission from a parent or legal guardian to do so; (3) All registration information you provide is accurate, truthful, and kept up to date; (4) You are legally authorized to access and use the Services and accept full responsibility for your actions and use of the Site; (5) If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

If you are a parent or legal guardian agreeing to these Terms on behalf of a child between the ages of 13 and 18, you accept full responsibility for their use of the Site, including any financial charges or legal obligations they may incur.

3. Non-Commercial Use

The Site and its contents are provided solely for your personal, non-commercial use.

4. Modlyst Privacy Policy

By accessing and using this Site, you consent to the terms outlined in the Modlyst Privacy Policy, which can be reviewed at any time using the link https://modlyst.com/terms located on the Site.

Any personal information you provide to Modlyst, along with data related to your use of the Site, will be processed in accordance with our Privacy Policy.

5. Changes to Modlyst

We reserve the right to modify, discontinue, or remove any content, service, feature, or functionality of the Modlyst Site at any time, with or without prior notice.

6. Appropriate Use of the Site

You are permitted to use the Site only for lawful purposes and in ways that comply with all applicable legal requirements. The use of automated tools, including spiders, “bots,” or any program designed to collect or “scrape” data from the Site, is strictly prohibited.

7. Intellectual Property Rights

All materials available on the Site, including but not limited to text, blogs, graphics, articles, photographs, images, illustrations, videos, and User Submissions, are protected by copyright. You agree to respect all copyright notices, trademark guidelines, and restrictions contained in any content accessed through the Services. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any content or proprietary rights not owned by you, except with the express prior written consent of the respective owner, and in a manner that does not infringe upon any third-party rights.

The Services are protected by copyright as collective works and/or compilations, in accordance with U.S. copyright law and other intellectual property laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, reproducing (except as explicitly permitted under these Terms), creating derivative works from, distributing, performing, displaying, or exploiting any content, software, or materials related to the Services in whole or in part.

8. Amendments to These Terms

We reserve the right to amend or update these Terms of Use at any time. You can check the latest version of terms any time using the page https://modlyst.com/terms

9. Electronic Communication and Consent

By using our Services or sending emails to us, you consent to receiving communications from us electronically. These communications may include emails, notices posted on the Site, and other digital messages. You agree that any electronic communications we send will fulfill any legal requirement for written communication. Furthermore, any such communications will be considered enforceable and binding, including updates or changes to these Terms of Use.

10. Third-Party Websites and Advertisers

The Site may contain links to third-party websites. You acknowledge and agree that we are not responsible for the content or materials provided by these external sites. Additionally, we are not liable for any content, claims, or representations made by our advertisers. Any interactions or transactions you have with third parties or advertisers are solely at your own risk. You agree that Modlyst will not be held responsible for any claims or losses arising from third-party websites or advertisers.

11. Disclaimer of Warranties

Your use of the Modlyst website is at your own risk. The site and its services are provided “as is” without any warranties, whether express or implied. We do not guarantee the accuracy or completeness of the content, and we do not ensure that our services are free of errors. Modlyst is not responsible for any damages or losses arising from your use of the site. You assume all risks related to your use of the services. Some jurisdictions may offer additional consumer rights that cannot be waived by this disclaimer.

12. Limitation of Liability

This clause limits the amount of damages for which Modlyst will be held responsible in the event of an issue, as outlined in Section 11. It sets clear boundaries around Modlyst’s liability, ensuring that Modlyst is not held accountable for damages that are excessive or beyond its control.

13. Agreement Integrity and Severability

This agreement, along with any additional terms, policies, rules, and guidelines posted on the Site, represents the complete and exclusive understanding between you and Modlyst, replacing any prior written or verbal agreements. If any part of these Terms is found to be invalid or unenforceable, that part will be interpreted in a way that aligns with the law and as close as possible to the original intent of both parties. The rest of the agreement will remain intact and fully enforceable.

14. Termination of Services

Modlyst reserves the right to modify, suspend, or discontinue any part or all of the Services at its discretion, at any time, without notice. You also have the right to cease using the Services at any point. Modlyst shall not be held liable for any loss or inconvenience resulting from your inability to access or use the Services.

15. DMCA Notice

Modlyst respects the intellectual property rights of others. If you believe that any content on our site infringes upon your copyright, please submit a DMCA notice to us with the necessary details as required by law. We will review the notice and take appropriate action, including the removal of infringing content, in accordance with the Digital Millennium Copyright Act (DMCA).

16. Product Authenticity

At Modlyst, we maintain a strict policy against the sale of counterfeit goods and comply with all relevant regulations governing counterfeit merchandise. While the brands showcased on our platform are not officially partnered with Modlyst, we fully cooperate with any brand efforts to identify and address the source of counterfeit products, including providing the contact information of sellers found to be offering counterfeit items.

17. Return and Refund Policy

Modlyst works with various retail partners, each of which has its own return and refund policy. As Modlyst does not handle returns, refunds, or exchanges, any inquiries regarding these matters should be directed to the respective retailer’s customer service. For detailed instructions on returns or refunds, please refer to the return policy directly on the retailer’s website.