Terms of Use

Terms of Use

The following document outlines the terms of use of the Model Space Design Locale website. Before using any Model Space Design Locale services, you are required to read, understand, and agree to these terms.

DESCRIPTION OF SERVICE

Model Space Design Locale (“Model Space”, “we”, “us” or “our”) provides a platform via its website to a community of registered users (“users” or “you”) to engage in a variety of activities, including to upload and display photographs, videos, and PDFs (“Visual Content”) share text-based information, comments, opinions and ideas. The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.

ACCEPTANCE OF TERMS

BY USING THE SERVICES, YOU AGREE, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO ABIDE BY AND BE LEGALLY BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS. YOU MUST, FOR YOURSELF AND ON BEHALF OF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS.

MODIFICATION OF TERMS

Model Space Design Locale maintains the right to amend or replace the terms at any moment, at its sole discretion. If the alterations constitute a significant change to the Terms, Model Space Design Locale will issue a notification on the Site. What constitutes a material change shall be evaluated solely at the discretion of Model Space Design Locale. You are responsible for assessing and familiarizing yourself with any such changes. By utilizing a Service or accessing Visual Content, you indicate your agreement to the Terms as updated.

In addition, when utilizing specific features of the Services, you must comply with any posted guidelines, restrictions, or rules that apply to such Services.

Your access to and use of the Site and our Services may be occasionally interrupted due to equipment failure, Site maintenance or repair, or any other reason within or beyond our control. Model Space Design Locale maintains the right, at its sole discretion and without prior notice, to stop or terminate the availability of the Site, any Service, or any Visual Content at any time. Model Space Design Locale may also, without notice or responsibility, place limits on specific features and Services or restrict your access to portions or the entirety of the Site and the Services. The Site should not be utilized or relied upon for storing your Visual Content, and you should preserve your own copies of all Visual Content placed on the Site.

REGISTRATION

As a condition of using the Services, you must create an account with Model Space Design Locale and choose a password and username, as well as provide other registration details. Your registration information must always be correct, comprehensive, and up-to-date. Failure to do so constitutes a violation of the Terms, which may result in the immediate termination of your access to the Services by terminating either your email access or your account. The Model Space Design Locale Privacy Policy governs any personal information that you provide to the organization.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to the rights of a person or entity other than you without their permission, or a name that is offensive, vulgar, or otherwise obscene

You are responsible for maintaining the secrecy of your password and are solely responsible for all activities that occur via your Model Space Design Locale account as a result of someone else using your password.

Services are accessible to authorized representatives of legal entities and persons who are at least 14 years old and have parental or legal guardian permission to visit the Site. If you have permitted a minor to use the Site, you are liable for the minor’s online conduct and any repercussions resulting from the minor’s usage of the Site. Parents and legal guardians are cautioned that the Site may include offensive Visual Content, such as nudity and violence.

The Services are intended for usage by a) persons who own Visual Content and b) companies that represent Visual Content owners, such as architecture/design firms, illustrators, photographers, galleries, agencies, reps, distributors, and other market intermediaries. If you are the owner of Visual Content but not the author, you are not permitted to post content for promotional purposes.

USER CONDUCT

All Visual Content posted or otherwise submitted to the Site, and any comments or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) are the sole responsibility of the account holder from which such Communications originate, and you agree that you, and not Model Space Design Locale, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through the Site. Model Space Design Locale does not monitor user-submitted Content and therefore cannot guarantee its accuracy, integrity, or quality. You acknowledge that your use of the Site may expose you to Content that is offensive, indecent, or otherwise objectionable.

As a condition of using the Services, you agree not to use them for any purpose that is unlawful or prohibited by these Terms, or for any other purpose that Model Space Design Locale did not intend. As an example, and not as a limitation, you agree not to use the Services in the following ways:

  1. To abuse, harass, threaten, impersonate, or intimidate any person;
  2. To post or transmit, or cause to be posted or transmitted, any material that is libelous, defamatory, obscene, pornographic, abusive, offensive, or profane, or that violates the copyright or other rights of any person;
  3. To speak abusively or offensively with Model Space Design Locale representatives or other users;
  4. For any purpose (including posting or viewing Content) that is prohibited by the local laws where you use the Services;
  5. Post or send, or cause to be posted or sent, any Communication planned or intended to obtain a user’s password, account information, or private information from any Model Space Design Locale user;
  6. To create or distribute unsolicited “spam” to any individual or URL;
  7. To falsely impersonate or misrepresent an individual or identity
  8. To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, in which case you may post such Content with attribution to the copyright owner and a link to the source of the Content;
    Except for reading RSS feeds, you agree not to access the Site with any robot, spider, scraper, or other automated methods without our express written permission. In addition, you agree not to: I take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) circumvent any measures we may use to prevent or restrict access to the Site.
  9. To advertise to or solicit any user to buy or sell any third-party items or services, or to contact, advertise to, solicit, or sell to any user without their prior express consent;
  10. To promote or sell Visual Content of a third party without their express permission; or
  11. To sell, assign, or transfer your profile in some other manner.

To report a suspected abuse of the Site or a violation of the Terms (other than copyright infringement, which is addressed under “COPYRIGHT COMPLAINTS” below), please send an email to info@modelspaceph.com

You are solely responsible for any interactions with other Site users, including any messages exchanged via Model Space Design Locale’s instant messaging feature. Model Space Design Locale retains the right, but has no obligation to evaluate disputes between you and other users. This includes the right to review messages exchanged through Model Space Design Locale’s messenger service based on any reports Model Space Design Locale receives alleging the violation of these Terms through the use of Model Space Design Locale’s messenger service, including, but not limited to, reports of alleged harassment, indecency, and offensive messages.

If the Services or Site are used in any way that violates the Terms, Model Space Design Locale may, but is not obliged to, suspend or terminate your account, disable your access to the Site, and/or take any other action it deems suitable to handle the problem, at its sole discretion.

VISUAL CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION IN THE SERVICE

Please carefully read this section before posting, uploading, or otherwise submitting Visual Content to the Site. By submitting Visual Content to the Site, you grant Model Space Design Locale a worldwide, non-exclusive license to use the Visual Content and license Visual Content through its distributors, and you represent and warrant to Model Space Design Locale that the Visual Content is either owned by you or that you are authorized to represent or distribute the Visual Content, and that Model Space Design Locale is free to publish, distribute, and use the Visual Content in accordance with these Terms without obtaining pecuniary compensation.

In exchange for Model Space Design Locale’s permission to use the Services, you agree to the following:

You acknowledge that:

  • All Visual Content contributed to your account must be your own photographs, videos, illustrations, or renderings;
  • By posting Visual Content to the Site, you grant Model Space Design Locale a non-exclusive or exclusive, worldwide, transferable, fully paid license to use, distribute, reproduce, edit, adapt, publicly perform, and publicly display such Visual Content in conjunction with the Services. Subject to the terms of any license provided by an authorized Model Space Design Locale distributor, this license will continue for the duration that the Visual Content is displayed on the Site and will terminate automatically upon the removal of the Visual Content from the Site.
  • The license granted to Model Space Design Locale includes the right to use Visual Content in whole or in part for promotional purposes and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided that such Visual Content is attributed in accordance with the required credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate.

Model Space Design Locale has the right to change, alter, and update photo names, descriptions, tags, metadata, and other accompanying information for all Visual Content, as well as the right to submit Visual Content to third parties and authorized agents for the creation of tags for Visual Content;

Model Space Design Locale offers no promise or warranty that Visual Content uploaded to the Site will not be copied illegally without your permission. Model Space Design Locale does not restrict the capacity of users and visitors to the Site to copy Visual Content posted on the Site, and you hereby authorize Model Space Design Locale to allow such copying; and

The ownership or other rights in the Visual Content, including any intellectual property rights or other proprietary rights associated with the Visual Content, are retained by you or the owner of the Visual Content that you represent unless otherwise specified in a separate agreement with Model Space Design Locale.

You represent and warrant that:

  • You are the owner or authorized representative of the owner of all rights, including all copyrights, to all Visual Content that you submit to the Site;
  • You have the full authority and right to enter into this agreement and to grant Model Space Design Locale the rights in the Visual Content granted herein, and that no additional permissions or payments are required from any other person in connection with Model Space Design Locale’s use of the Visual Content as contemplated herein.
  • By contributing Visual Content to Model Space Design Locale, you are not infringing or breaching any agreements with third parties; and
  • The Visual Content does not slander or violate the copyright, moral rights, publicity rights, privacy rights, or any other right of any individual, nor does it violate any law or judicial or governmental order.
  • You have no right to terminate the licenses given hereunder, nor to seek, obtain, or enforce any injunctive or other equitable remedy against Model Space Design Locale; you expressly and irrevocably renounce all such rights in favor of Model Space Design Locale.

COPYRIGHT COMPLAINTS

Model Space Design Locale is respectful of others’ intellectual property rights. Our policy is to respond expeditiously to any claim that Content submitted on the Site infringes the copyright or other intellectual property rights of any person (“Infringement”). Model Space Design Locale will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action in accordance with applicable intellectual property laws and these Terms where it believes an Infringement has occurred, such as removing or disabling access to the allegedly infringing Content and/or terminating accounts and access to the Site.

To notify Model Space Design Locale of a possible infringement, you must submit a written notice to the attention of “Copyright Infringement” at info@modelspaceph.com and provide a description of the claimed infringement that is specific enough to permit Model Space Design Locale to make a determination. Please be aware that you may be held liable for damages (including expenses and lawyers’ fees) if you falsely assert that any Content infringes upon your intellectual property rights.

If we remove or prohibit access to Content in response to a notification of Infringement, we will make reasonable efforts to contact the user who originally uploaded the removed or disabled Content. If you believe that your Content does not infringe, you may send a counter-notification to Model Space Design Locale at info@modelspaceph.com with the subject line “Copyright Infringement Counter Notification.” You must include sufficient information on your counter notice for Model Space Design Locale to make a reasonable determination. Please be aware that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your Content does not infringe on the copyrights of others.

LINKS

The Services may provide links to other websites or resources, or third parties may provide such links. You acknowledge and agree that Model Space Design Locale is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and is not responsible or liable for any such content, advertising, products, or other materials. You also acknowledge and agree that Model Space Design Locale is not responsible or liable, directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use of or reliance on such content, products, or services accessible on or through any such site or resource.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Model Space Design Locale, its affiliated and associated companies, and its authorized distributors, as well as their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns, of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity that you have ever had, now have, or may have in the future.

You agree to indemnify and hold harmless Model Space Design Locale, its affiliated and associated companies, and its authorized distributors, as well as their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns, from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees. Model Space Design Locale reserves the right, at its own expense, to take the exclusive defense and control of any matter that you would otherwise be responsible for indemnifying.

TRADEMARKS

Model Space Design Locale, modelspaceph.com, and other Model Space Design Locale graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or registered trademarks of Model Space Design Locale. The trademarks and trade dress of Model Space Design Locale may not be used in conjunction with any product or service without Model Space Design Locale’s prior written approval. The graphics and icons provided in the Model Space Design Locale icon pack may be used by partners and third party sites to provide suitable linkages to the Model Space Design Locale Site so long as they are utilized in accordance with Model Space Design Locale’s requirements.

TERMINATION

Model Space Design Locale may immediately terminate or suspend any and all Services and/or your Model Space Design Locale account for any reason, including, but not limited to, a violation of the Terms. Upon termination of your account, you will instantly lose access to the Services. If you would like to cancel your Model Space Design Locale account, simply stop using the Services (subject to termination provisions specific to Premium Accounts). All provisions of the Terms that, by their nature, should survive termination shall survive termination, including, but not limited to, terms regarding ownership and rights, warranties, warranty disclaimers, indemnification, and liability limitations.

Prior to account termination, it is your responsibility to remove all Visual Content from your account and/or Premium Account. Model Space Design Locale will automatically remove all Visual Content posted to your account upon account termination.

WARRANTY DISCLAIMER

THE SITE AND SERVICES ARE USED AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS, WHEN AVAILABLE.” MODEL SPACE DESIGN LOCALE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MODEL SPACE DESIGN LOCALE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD (D) THE UNAVAILABILITY OF THE SITE OR SERVICES IN WHOLE OR IN PART, (E) YOUR USE OF THE SITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR SERVICES.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER MODEL SPACE DESIGN LOCALE NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. MODEL SPACE DESIGN LOCAL SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MODEL SPACE DESIGN LOCALE’S ENTIRE LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO PHP 50,000.00.

YOU AND MODEL SPACE DESIGN LOCALE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY YOU FURTHER AGREE THAT NO ACTION MAY BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ACTION WITHOUT THE PRIOR WRITTEN CONSENT OF MODEL SPACE DESIGN LOCALE AND ALL PARTIES TO SUCH ACTION.

MISCELLANEOUS

The Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, as applicable without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.

Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Philippine International Center for Conflict Resolution to be held in Manila. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

Indemnification of Model Space Design Locale

You agree to defend, indemnify, and hold Model Space Design Locale, its affiliates, and its sponsors, partners, and other co-branders harmless from and against any and all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use of the Services by you or any third party. Model Space Design Locale reserves the right, at its own expense, to take the exclusive defense and control of any matter that you would otherwise be responsible for indemnifying.

General

These Terms represent the entire agreement between the parties and supersede any earlier or contemporaneous written or oral agreements about the subject matter of these Terms. These Terms will not be construed or interpreted in accordance with any rule of construction indicating that ambiguities must be resolved against the writing party. If one or more of these terms are deemed invalid, unlawful, or unenforceable in any way, the validity, legality, and enforceability of the other provisions shall not be altered or damaged in any way. Any contradiction between these Terms in English and these Terms in any other language shall, to the extent permissible by law, be resolved by reference to the English version. The failure to enforce or waiver by any party of the other party’s default or breach shall not be construed as a waiver of any prior, subsequent, or other default or breach.

March13, 2023; 9:50AM