TERMS & CONDITIONS

MODEKA ART ONLINE

EFFECTIVE DATE FOR NEW USERS: JANUARY 01, 2020

THESE ARE THE CONDITIONS OF USE OF MODEKA ART SPACE–WHICH APPLY TO ALL SERVICES OFFERED VIA THE  WEBSITE. WE ADVISE THAT YOU READ THESE CONDITIONS OF USE CAREFULLY SO THAT YOU KNOW YOUR RIGHTS AND OBLIGATIONS IF YOU USE THE SERVICES. BY USING THE SERVICES IN ANY WAY WHATSOEVER, YOU DECLARE YOU ARE AWARE OF AND AGREE TO THESE CONDITIONS OF USE.

  1. Definitions

In these conditions of use, the terms below are defined as follows:

  1. “Content”: all text, graphics, photos, audio, music, videos, audiovisual combinations, interactive elements, computer software, scripts, games and all other materials which are published on or via the Website, or which can be downloaded or uploaded by a user, regardless of whether these are editorial or commercial in nature;
  2. “Services”: all services that are made available via the Website, including the accessing of the Website, the downloading and uploading of Content, the acquisition of a licence to virtual items, as well as all other services offered on the Website;
  3. “Third-party services”: the Services that are offered on the Website by a third party;
  4. “User Content”: all Content that is provided to Modeka Art Space by a user of the Services or which is uploaded to the Website
  5. “Website”: the website of Modeka Art Space.
  1. Account/Profile
  1. In order to use the Services, you must apply for your own account in the manner described on the Website. Modeka Art Space can decide at its own discretion whether to provide you with an account.
  2. You guarantee Modeka Art Space that the information you provide to Modeka Art Space, including your personal details such as name and email address, is complete, truthful and accurate. You consent to Modeka Art Space’s storing and using your data in connection with the management of your account. See our Privacy Statement.
  3. If you are younger than eighteen (18) years old, you must have permission from your parent or guardian to create an account. By accepting these conditions of use, you guarantee that you are eighteen (18) or older or have permission from a parent or guardian to create an account.
  4. You may not create an account in another person’s name unless the other person has given you permission to do so.
  5. You are personally responsible for keeping your account password secret from others and you may not give other people access to the Services using your account. You are liable for all actions performed via your account. If and as soon as you suspect that your account or identity is being used unlawfully, you must immediately notify Modeka Art Space. In that event Modeka Art Space is authorised to take all measures it deems necessary to protect its Website and other users of the Services and you are required to cooperate fully with these measures.
  6. You may terminate your account at any time by using the procedure described in the help section.
  7. Only natural persons and legal entities (companies and developers) may create profiles. Other profiles will be removed
  1. Use of the Services
  1. You guarantee Modeka Art Space that you are authorised to use the Services and to act in accordance with these conditions of use. You also guarantee Modeka Art Space that you will comply with the obligations in these conditions of use at all times and that you will obey all laws and regulations applicable to use of the Services.
  2. You are permitted to use the Services exclusively via your own account.
  3. Without prejudice to the other provisions of these conditions of use, your use of the Services may not:
    1. be based on untruths and/or be misleading;
    2. infringe the rights of Modeka Art Space or third parties, including copyrights, related rights, trademark rights or any other intellectual property rights or rights related to privacy protection;
    3. be in violation of any law, regulation, by-law or other applicable regulations;
    4. contain any viruses, Trojan horses, worms, bots or other software which could damage a computerised work or data, render such work or data unusable or inaccessible, delete or appropriate such work or data or be intended to get around any technical measures to protect the Website or Modeka Art Space computer systems;
    5. be aimed at securing unauthorised access to the Website, computer systems and/or databases of Modeka Art Space;
    6. be of a commercial nature, unless Modeka Art Space has given written permission for this; or
    7. be in any other way unlawful towards Modeka Art Space and/or a third party.
  4. You are fully, independently and solely responsible for all use you make of the Services. You are liable to Modeka Art Space for any use of the Services that is not in accordance with the provisions of these conditions of use and you indemnify Modeka Art Space against all third-party claims in relation to such.
  5. Modeka Art Space does not perform any editorial, substantive, technical or other type of monitoring of User Content when using the Services.
  1. Intellectual property rights
  1. All (intellectual) property rights to the Content, including copyrights, trademark rights, database rights and trade name rights are held exclusively by Modeka Art Space and/or its licensor(s).
  2. Under the conditions stipulated in these conditions of use, Modeka Art Space grants you a limited, personal, revocable, non-exclusive right which may not be sub-licensed or transferred, to use the Content for private purposes in the manner and format that this Content is provided on the Website. It is explicitly prohibited to download, copy, alter or publish Content or use it for direct or indirect commercial purposes or in any other way than as described above, unless Modeka Art Space or the particular right holder has given explicit permission for this.
  3. Nothing stated in these conditions of use or on the Website is intended to transfer any intellectual property rights or grant you any intellectual property rights. The use you may make of the Content is limited to what is described in these conditions of use.
  4. It is prohibited to remove, render illegible, conceal or alter notices or statements relating to intellectual property rights.
  1. User Content
  1. Under the conditions stipulated in these conditions of use, you retain in principle the copyrights and other intellectual property rights that belong to you in relation to the User Content which you make available to visitors of the Website via the Website.
  2. By making User Content available to Modeka Art Space (which in these conditions of use refers to, among other things: uploading User Content), you automatically grant Modeka Art Space a worldwide, non-exclusive, royalty-free, transferable licence (with the right to sublicence), which is not limited in time, for any use, re-use, reproduction, dissemination, creation of derivative works, display and performance of this User Content or parts thereof, for any purpose and in any way whatsoever, also for the benefit of the Services, as well as permission to store the User Content in (electronic) files.
  3. The licence referred to in article 5.2 ends at the moment that you or Modeka Art Space removes the particular User Content from the Website.
  4. You acknowledge and agree to the fact that the User Content which you make available to Modeka Art Space will be used by other users of the Services. Modeka Art Space accepts no liability whatsoever for compliance with these conditions of use by users of the Services. You acknowledge that there is also the possibility that the User Content you make available to Modeka Art Space may be used by third parties in a manner that is in violation of or not provided for in these conditions of use. Modeka Art Space is not liable for actions by third parties in violation of these conditions of use or in breach of any statutory provision or for any other unlawful action by third parties in relation to the User Content made available by you.
  5. By making User Content available to Modeka Art Space, you guarantee that:
    1. you are authorised to make this User Content available in accordance with these conditions of use and that you are authorised to grant the licence as referred to in article 5.2;
    2. the User Content that you make available does not break any law and does not infringe any third-party rights, including contractual rights, intellectual property rights, or privacy rights, and is not otherwise unlawful towards third parties or Modeka Art Space;
    3. you are not limited by any incompetence, restriction or injunction in relation to your right to act in accordance with these conditions of use and/or to make User Content available; and
    4. you are exclusively responsible for all licences, reporting and payment obligations to any third party, including but not limited to collective copyright organisations, in connection with the use of the User Content which you make available as referred to in these conditions of use.
  6. You are personally fully liable for the User Content you make available. Modeka Art Space is not liable for the consequences of any use of this User Content in accordance with these conditions and you indemnify Modeka Art Space against any third-party claims in that respect. All costs incurred and damaged suffered by Modeka Art Space in any way related to such claims will be compensated by you.
  7. Modeka Art Space reserves the right to remove or block User Content or otherwise render it inaccessible if it is in violation of the provisions of these conditions of use or if necessary without report of reasons.
  1. Prohibited User Content
  1. This article contains a non-exhaustive list of User Content which you may in no event make available via the Website (in which respect it applies that exclusively Modeka Art Space has discretion in deciding whether particular User Content is permitted or not):
    1. User Content that is discriminatory with respect to appearance, race, religion, gender, culture, origin, or may otherwise be considered hurtful;
    2. User Content that incites violence against or harassment of another person or persons;
    3. User Content which results in or results from the exploitation or abuse of others;
    4. User Content which in Modeka Art Space’s opinion is immoral or distasteful, violent or which contains a link to pornographic material or pornographic websites or which contains pornographic or erotic material;
    5. User Content in which the personal details of underage persons are requested and/or in which the personal details of other people are made available;
    6. User Content which commits or promotes illegal activities;
    7. User Content which infringes upon intellectual property rights, privacy rights or any other rights of Modeka Art Space or third parties;
    8. User Content involving chain letters, junk mail or spam and/or passwords or other information that can be traced to persons being requested for commercial or illegal purposes;
    9. User Content which involves commercial activities for which prior written permission from Modeka Art Space has not been obtained, such as advertisements, lotteries, competitions or pyramid games;
    10. User Content containing a photo or image of another person without his/her permission;
    11. User Content which is in violation of any law, regulation, by-law, other applicable regulation or these conditions of use.
  2. Modeka Art Space reserves the right to inform the competent investigative authorities about User Content that is in breach of public order or otherwise in violation of the law.
  1. Paid Services
  1. An agreement for the purchase of a paid Service is established the moment you place the order under resolutive condition of acceptance by Modeka Art Space. If an order is not accepted, Modeka Art Space will notify you of this within ten (10) working days of receipt of your order.
  2. The Service will be provided at the moment Modeka Art Space has received the amount listed on the Website for the Service and takes effect for the term reported for the particular Service on the Website. If you opt for payment by automatic debit, the agreement will be tacitly renewed for an indefinite period after the expiration of this term.
  3. After tacit renewal of the agreement in accordance with article 8.2, you agree to another term, but may cancel the agreement with due observance of a notice period of one month before the term ends. Modeka Art Space will notify you at least six (6) weeks before the term ends and is bound to tacit renewal.
  4. If you do not wish to purchase a paid Service for any reason whatsoever, you can dissolve the agreement within 14 days of entering into the agreement by sending an email via the contact form, unless the Service has already been provided with your permission within those 14 days. The particular invoice amount will be credited back to your account within 30 days after receipt of the email, to the extent Modeka Art Space had already received it.
  1. Content, availability and stopping of Services
  1. The Services are made available on an ‘as is’ basis. Despite the constant care and attention devoted by Modeka Art Space to the content and composition of the Services, it gives no guarantees with regard to the completeness, accuracy or reliability thereof, nor does Modeka Art Space guarantee that the Services will be available at all times and without interruption, disruptions or errors, that defects will be repaired at all times or that the Website and server on which it is held are free from viruses or other contagious or harmful files. You agree that Modeka Art Space is not liable for damage to or loss of your computer, data or computer and telecommunication systems as a result of the use of the Services.
  2. In supplement to the other (legal) means at Modeka Art Space’s disposal, Modeka Art Space has the right at all times, without report of reasons and without prior explanation, to (temporarily) limit, suspend or terminate the provision of one or more Services to you, to temporarily or permanently stop or delete your account, remove your User Content and/or issue a warning, in particular but not exclusively if:
    1. you act in violation of these conditions of use;
    2. Modeka Art Space believes that your actions could cause damage or liability to yourself, other users or Modeka Art Space.
  3. This will not make Modeka Art Space liable in any event.
  4. If your use of a paid Service is terminated for any reason whatsoever, you are not entitled to a refund of any amounts paid (in advance). In such cases, any amounts already paid revert to Modeka Art Space.
  1. Privacy
  1. By using the Services, you become bound by our Privacy Statement.
  2. If you provide User Content using the privacy setting ‘public’, this means that every visitor of the Websites has access to that User Content.
  1. Third-party services
  1. The Website contains both Services provided by Modeka Art Space and Services provided by third parties or links to third-party websites. The inclusion or availability of third-party Services on the Website does not imply that Modeka Art Space has approved or verified these Services. Modeka Art Space is not responsible for these third-party Services or any use thereof by users of the Website. Nor is Modeka Art Space responsible for (the content of) third-party websites to which reference is made on the Website via hyperlinks or otherwise.
  2. The applicable terms and conditions of these third parties apply to these third-party Services, in supplement to these conditions of use. By using the particular Service, you agree to these conditions.
  1. No Warranties
  1. THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF Modeka Art Space’S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
  2. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
  3. Modeka Art Space takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Site or Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
  4. Modeka Art Space is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.
  1. Indemnification
  1. You agree to defend, indemnify, and hold Modeka Art Space harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or Services or your use of the Site and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Modeka Art Space arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.
  1. Limitation Of Liability
  1. IN NO EVENT SHALL Modeka Art Space, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  1. Changes
  1. Modeka Art Space has the right to change the Services and these conditions of use at any moment, without notifying the users. The amended conditions of use take effect at the moment they are published on the Website. It is therefore a good idea to consult these conditions of use regularly.
  1. Other provisions
  1. If one or more provisions from these conditions of use are void or are annulled, the remaining provisions remain fully in force.
  2. Philippine law applies to these conditions of use. Any disputes that may arise from this agreement will be submitted to the competent court in the Philippines to the exclusion of any other.