Please read these terms carefully. We reserve the right to add, delete or otherwise modify portions of these terms at any time, so please check back regularly. These terms and conditions also apply to the use of our mobile application available on [iPhone or Android] devices.

Last updated Nov 30, 2014.

Access

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Site without notice. Mode will not be liable if for any reason the Site is unavailable at any time or for any period.

Term

These terms and conditions, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Site. You may terminate your use of or registration to the Site at any time, for any reason, and Mode may terminate your use of or registration to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these terms and conditions and the Privacy Policy

Compliance

By using the Site, you represent, warrant and covenant that (a) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (b) you shall make timely and satisfactory payment for any products or services purchased by you on or in connection with the Site and (c) all registration information, including, without limitation, payment information (including credit card and debit card information), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or Mode suspects that such information is untrue, inaccurate, not current or incomplete, Mode has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use by you of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

User Registration

In order to access and use certain content, features, or functionality of the Site including, without limitation, placing an order or reviewing your customer account, we shall require you to register for the Site and have a unique username and password combination (the " User Credentials ") and provide certain additional information, which may include, without limitation, your name, address and email address (collectively, a " User Account").

Disclaimer

The Site has been prepared for the purpose of being a platform for storing and sharing photos and other data and for providing information about Mode. Mode makes no representation or warranty of any kind including as to the completeness or accuracy of any of the information the Site contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Mode makes no commitment, and disclaims any duty, to update any of the information on the Site.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, representations warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Liability

The Site is provided on an "as-is", "as-available" basis and we shall have no liability for any direct, indirect or consequential loss or damages incurred by any user in connection with this Site or in connection with the use, inability to use, or results of the use of this Site, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise.

You agree to defend, indemnify and hold Mode and its respective partners, members, contributors, organizers, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers (collectively, the "Company Indemnitees") harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Site or (b) your breach or violation of these terms. Mode reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MODE AND THE COMPANY INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, THE SITE MATERIAL, THE SITE SERVICES, THE USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

Intellectual Property

Unless otherwise noted, the Site as well as the content and layout of the Site are the exclusive property of Mode or are used with permission and may not be reproduced or distributed, in whole or in part, without the prior written consent of Mode, except for personal (and not commercial) display and use.

Links to Other Materials

Some of the links available to you through the Site will allow you to leave the Site. Such external internet sites and their content are not under the control of Mode, and Mode makes no representations and disclaims all liability with respect to such sites and materials. The links are provided only for your convenience, and their inclusion does not constitute nor imply approval or endorsement by Mode of the sites or their content. You may not provide hyperlinks to the Site without the prior written consent of Mode.

Entire Agreement

These terms and conditions, together with the Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Mode concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These terms and conditions cannot be changed or terminated orally. If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these terms of use shall be deemed amended to the minimum extent necessary to make them legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these terms of use; however, no action arising out of these terms of use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

Jurisdiction and Applicable Law

The courts of the Province of British Columbiawill have exclusive jurisdiction over any claim arising from, or related to, a visit to this website. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, interpreted and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.