Môdern Space Gallery Terms of Service
TERMS OF SERVICE
Effective Date: August 4, 2026
Last Updated: August 4, 2026
Welcome to Môdern Space Gallery
Welcome to Môdern Space Gallery ("Môdern Space Gallery," "MSG," "we," "our," or "us").
These Terms of Service ("Terms") govern your access to and use of our website located at www.modernspacegallery.com (the "Website"), along with any products, services, digital content, artificial intelligence ("AI") features, software, mobile experiences, applications, downloadable resources, newsletters, community features, and future services offered by Môdern Space Gallery (collectively, the "Services").
Please read these Terms carefully before using our Services.
By accessing or using any part of the Website, creating an account, uploading content, purchasing products, downloading digital materials, interacting with our AI-powered tools, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree with these Terms, you must discontinue use of the Website immediately.
Our Mission
Môdern Space Gallery is a technology-driven home design and shopping platform dedicated to helping users discover beautiful interiors, quality furnishings, home décor, lifestyle inspiration, and AI-assisted design recommendations.
Our Services may include, without limitation:
- AI-powered interior design tools
- AI-generated room visualizations
- AI mood boards
- Style quizzes
- Space planning tools
- Product recommendation engines
- Home décor inspiration
- Educational articles
- Buying guides
- Curated collections
- Affiliate product recommendations
- Digital products and downloadable resources
- Newsletters
- User accounts
- Community features
- Vendor marketplace services (when available)
- Additional products and services introduced in the future.
Our Services are continually evolving. Features may be modified, added, suspended, or discontinued without prior notice.
1. Acceptance of These Terms
These Terms constitute a legally binding agreement between you and Môdern Space Gallery.
By using our Services, you represent and warrant that:
- You are at least eighteen (18) years of age or the age of majority in your jurisdiction.
- You have the legal capacity to enter into a binding agreement.
- You will comply with all applicable laws and regulations while using our Services.
- Any information you provide is truthful, accurate, and current.
If you are using the Website on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Changes to These Terms
Technology evolves rapidly, and our Services will continue to expand.
Accordingly, we reserve the right to update, modify, revise, or replace these Terms at any time, in our sole discretion.
When material changes are made, we will update the "Last Updated" date appearing at the top of these Terms. In some circumstances, we may also notify registered users by email or through notices displayed on the Website.
Your continued use of the Services after revised Terms become effective constitutes your acceptance of those revised Terms.
If you disagree with any modification, your sole remedy is to discontinue use of the Services.
3. Definitions
For purposes of these Terms:
"Account" means a registered user account created through our Website.
"AI Services" means all artificial intelligence-powered tools, features, software, assistants, image generation systems, recommendation engines, chat experiences, quizzes, planning tools, and future AI technologies made available by Môdern Space Gallery.
"Content" means all text, graphics, photographs, images, artwork, videos, logos, software, code, illustrations, databases, layouts, designs, blog articles, buying guides, downloadable resources, AI-generated content, and all other materials available through the Website.
"User Content" means any content submitted by users, including photographs, room images, measurements, comments, reviews, ratings, design preferences, style selections, prompts, uploaded files, messages, or other information.
"Digital Products" means downloadable materials offered through the Website, including ebooks, planners, templates, checklists, guides, workbooks, digital downloads, and future digital offerings.
"Vendor" means any third-party seller or business offering products or services through the Website now or in the future.
4. Eligibility
You may use our Services only if doing so complies with all applicable laws.
You may not use the Services if:
- Your access has previously been suspended or terminated by Môdern Space Gallery.
- You are prohibited from using our Services under applicable law.
- You intend to use the Services for unlawful, fraudulent, deceptive, or malicious purposes.
We reserve the right to refuse access to any person or organization at any time and for any lawful reason.
5. Scope of Our Services
Môdern Space Gallery provides a combination of editorial content, educational resources, shopping inspiration, AI-assisted recommendations, affiliate product referrals, and digital experiences designed to help users make informed home and lifestyle decisions.
Unless expressly stated otherwise, nothing on the Website constitutes:
- licensed interior design services;
- architectural services;
- engineering services;
- construction services;
- legal advice;
- financial advice;
- tax advice;
- investment advice;
- professional purchasing advice; or
- any other licensed professional service.
All information provided through the Website is intended solely for informational and inspirational purposes.
Users remain solely responsible for evaluating whether any recommendation, product, layout, color palette, furnishing, measurement, or purchasing decision is appropriate for their own circumstances.
For projects involving structural modifications, electrical work, plumbing, HVAC systems, permitting requirements, or construction, users should consult appropriately licensed professionals before relying on any information provided through the Services.
6. Future Expansion of Services
Môdern Space Gallery intends to continually introduce new technologies, features, and services.
Future Services may include:
- AI Design Assistants
- Augmented Reality Experiences
- Virtual Room Staging
- Smart Home Integrations
- Vendor Marketplaces
- Premium Memberships
- Subscription Services
- Professional Consultations
- Educational Courses
- Community Forums
- Design Challenges
- Creator Programs
- Affiliate Partnerships
- Advertising Opportunities
- Business Directories
- Additional AI tools
- Mobile Applications
- APIs
- Software Integrations
These Terms automatically apply to all future Services unless separate terms are expressly provided.
7. Supplemental Policies
Your use of the Services is also governed by additional policies published by Môdern Space Gallery, which are incorporated into these Terms by reference, including our:
- Privacy Policy
- Cookie Policy
- AI Transparency & Responsible Use Policy
- AI Acceptable Use Policy
- Affiliate Disclosure
- Digital Products & Downloads Policy
- User Content Policy
- Accessibility Statement
- DMCA/Copyright Policy
- Return and Refund Policy
- Shipping Policy (where applicable)
- Vendor Marketplace Terms (when applicable)
In the event of a conflict between these Terms and a supplemental policy, the supplemental policy shall govern only with respect to the subject matter it specifically addresses.
8. User Accounts
Certain features of the Services may require you to create an account.
When creating an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Keep your password confidential.
- Restrict access to your login credentials.
- Notify Môdern Space Gallery immediately of any unauthorized use of your account or suspected security breach.
You are solely responsible for all activities occurring under your account, whether or not authorized by you.
We reserve the right to suspend, restrict, or terminate accounts that violate these Terms or otherwise present security, legal, or operational risks.
9. Artificial Intelligence ("AI") Services
Môdern Space Gallery offers, or may in the future offer, AI-powered features designed to assist users with home decorating, product discovery, style inspiration, organization, planning, visualization, educational content, and related experiences.
These AI Services may include, but are not limited to:
- Interior design assistants
- Room visualization tools
- AI-generated mood boards
- Furniture and décor recommendations
- Color palette suggestions
- Shopping assistants
- Product comparison tools
- Space planning features
- Style quizzes
- Virtual staging
- AI-generated text
- AI-generated images
- Conversational assistants
- Personalized recommendations
- Other AI-powered features introduced from time to time.
By using any AI Service, you acknowledge and agree that AI-generated outputs are created using automated technologies and may contain inaccuracies, omissions, outdated information, or recommendations that are not appropriate for your specific circumstances.
AI outputs should be viewed as informational and inspirational only and should not replace your own judgment or the advice of qualified professionals.
10. AI Limitations
Artificial intelligence is an evolving technology.
Accordingly, you acknowledge and agree that:
- AI-generated recommendations are not guaranteed to be accurate.
- AI may misunderstand user prompts.
- AI-generated measurements may be incorrect.
- Furniture recommendations may not fit your space.
- Product availability may change without notice.
- Paint colors may appear differently due to lighting, displays, finishes, or manufacturing differences.
- AI-generated room renderings are conceptual and may not reflect real-world results.
- AI recommendations should be independently verified before making purchasing, remodeling, construction, or installation decisions.
Môdern Space Gallery does not guarantee that AI-generated content will meet your expectations or intended use.
11. No Professional Design or Construction Advice
The Services do not constitute professional interior design, architectural, engineering, structural, construction, electrical, plumbing, HVAC, or building code advice.
Nothing generated by our AI systems or published on the Website should be interpreted as professional guidance.
Users remain solely responsible for ensuring that any renovation, installation, furniture placement, remodeling project, or home improvement activity complies with applicable laws, safety requirements, building codes, homeowners' association rules, lease restrictions, and manufacturer instructions.
Whenever appropriate, users should consult qualified professionals before proceeding with projects affecting health, safety, structural integrity, or regulatory compliance.
12. User Inputs
Our AI Services may allow you to submit information, including:
- Room photographs
- Floor plans
- Measurements
- Design preferences
- Budgets
- Style selections
- Written prompts
- Uploaded images
- Furniture preferences
- Color preferences
- Other information you voluntarily provide.
You represent and warrant that:
- You own or have the legal right to submit such information.
- Submission of such information does not violate any law or third-party rights.
- You will not submit confidential information that you are not authorized to disclose.
- You understand that submitted information may be processed through third-party technology providers that assist in delivering our AI Services.
13. Ownership of User Content
You retain ownership of all User Content you submit to Môdern Space Gallery.
However, by uploading or submitting User Content through the Services, you grant Môdern Space Gallery a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to:
- Host
- Store
- Process
- Analyze
- Display
- Reproduce
- Modify (only as necessary to provide the Services)
- Generate AI outputs
- Improve user experience
- Detect fraud or misuse
- Maintain platform security
This license exists solely for the purpose of operating, improving, maintaining, and providing the Services.
Except as described in our Privacy Policy, Môdern Space Gallery does not claim ownership of your uploaded room photographs or other User Content.
14. AI-Generated Outputs
Subject to applicable law and any rights of third-party technology providers, Môdern Space Gallery grants users a limited, non-exclusive, revocable license to use AI-generated outputs created specifically for their personal, non-commercial use.
Unless otherwise expressly permitted in writing, users may not:
- Sell AI-generated designs.
- Resell AI-generated images.
- Commercialize AI-generated mood boards.
- Claim ownership of Môdern Space Gallery's proprietary AI systems.
- Copy AI workflows.
- Reverse engineer prompts.
- Train competing AI systems using outputs generated through our Services.
- Remove copyright notices or proprietary markings.
Nothing in these Terms transfers ownership of Môdern Space Gallery's proprietary technology, software, algorithms, prompts, workflows, datasets, or intellectual property.
15. Acceptable Use
You agree to use the Services responsibly and lawfully.
You agree that you will not:
- Violate any applicable law.
- Interfere with the operation of the Website.
- Upload malicious software.
- Introduce viruses or harmful code.
- Attempt unauthorized access to any account or system.
- Circumvent security measures.
- Harvest user information.
- Scrape Website content using automated tools without authorization.
- Use bots to overload the Services.
- Copy substantial portions of Website content.
- Misrepresent your identity.
- Impersonate another person or business.
- Submit false reviews.
- Engage in fraudulent purchasing activity.
- Attempt to exploit vulnerabilities in AI systems.
- Use prompt injection techniques to bypass safeguards.
- Generate unlawful or harmful content using our AI tools.
- Use the Services to infringe the intellectual property rights of others.
- Interfere with other users' enjoyment of the Services.
We reserve the right to investigate suspected violations and take any action we deem appropriate, including suspension or termination of access.
16. Prohibited AI Uses
Without limiting the foregoing, you specifically agree not to use any AI Service provided by Môdern Space Gallery to:
- Generate illegal content.
- Produce fraudulent documents.
- Infringe copyrights or trademarks.
- Create deceptive product listings.
- Generate spam.
- Harass or intimidate others.
- Produce discriminatory or hateful content.
- Attempt to identify confidential system prompts.
- Circumvent AI safeguards.
- Probe, benchmark, or stress-test our AI systems without authorization.
- Develop competing AI models using our Services.
- Upload content you do not have permission to use.
Violation of this section may result in immediate suspension or permanent termination of your account without prior notice.
17. Reservation of Rights
Môdern Space Gallery reserves the right, at any time and in its sole discretion, to:
- Modify or discontinue AI features.
- Limit access to certain Services.
- Introduce subscription tiers.
- Restrict excessive usage.
- Establish usage limits.
- Remove content.
- Suspend or terminate accounts.
- Investigate suspected misuse.
- Cooperate with lawful requests from governmental authorities.
- Protect the security, integrity, and reputation of the Services.
Nothing in these Terms obligates Môdern Space Gallery to continue offering any specific feature or functionality.
18. Product Recommendations and Shopping Services
Môdern Space Gallery provides curated home, lifestyle, furniture, décor, and related product recommendations designed to help users discover products that may align with their preferences, needs, and design goals.
Our recommendations may be generated through:
- Editorial research
- User preferences
- AI-powered recommendation tools
- Product information provided by third parties
- Customer feedback
- Reviews and ratings
- Trends and design analysis
- Affiliate partnerships
- Other internal or third-party technologies
While we strive to provide accurate and helpful recommendations, Môdern Space Gallery does not guarantee that any recommended product will meet your expectations, preferences, budget, space requirements, or intended use.
Users are responsible for independently reviewing product details, specifications, dimensions, materials, warranties, return policies, safety information, and manufacturer instructions before purchasing.
19. Affiliate Relationships and Product Links
Môdern Space Gallery participates, or may participate, in affiliate marketing programs and partnerships with third-party retailers, brands, and service providers.
This means that we may earn a commission or referral fee when users click certain links or make qualifying purchases through our recommendations.
Affiliate relationships may include, but are not limited to:
- Retail marketplaces
- Furniture retailers
- Home décor brands
- Technology providers
- Home improvement companies
- Other merchants and service providers
Affiliate compensation does not guarantee placement, ranking, recommendation, or inclusion of any specific product.
Our goal is to provide valuable information, inspiration, and recommendations based on factors such as product quality, user interest, availability, aesthetics, functionality, reviews, and relevance.
For additional information regarding our affiliate relationships, please review our Affiliate Disclosure.
20. Third-Party Products and Services
Môdern Space Gallery may provide links, recommendations, integrations, or references to products and services offered by third parties.
Third-party products and services are not owned, controlled, or operated by Môdern Space Gallery unless expressly stated otherwise.
We are not responsible for:
- Product quality
- Product defects
- Manufacturer warranties
- Shipping delays
- Inventory availability
- Pricing changes
- Returns
- Refunds
- Customer service provided by third parties
- Third-party policies
- Accuracy of third-party information
Any purchase made through a third-party retailer is governed solely by that retailer’s terms, policies, and agreements.
Users should direct questions, disputes, warranty claims, or return requests to the applicable seller or manufacturer.
21. Pricing, Availability, and Product Information
Although we make reasonable efforts to provide accurate information, product details displayed on the Website may occasionally contain errors or become outdated.
Information that may change includes:
- Product prices
- Discounts
- Availability
- Inventory status
- Product descriptions
- Images
- Specifications
- Shipping estimates
- Manufacturer information
Prices and availability may change at any time without notice.
Môdern Space Gallery does not guarantee that products displayed on the Website will remain available or that prices shown will match the final price charged by a third-party retailer.
Users should confirm all purchase information directly with the applicable seller before completing a transaction.
22. Purchases Through Môdern Space Gallery
Certain products or services may be purchased directly through Môdern Space Gallery.
When purchasing directly from us, you agree to:
- Provide accurate billing and shipping information.
- Authorize payment using a valid payment method.
- Pay all applicable charges, taxes, and fees.
- Review product descriptions before purchase.
We reserve the right to refuse, cancel, or limit orders for any lawful reason, including:
- Suspected fraud
- Pricing errors
- Inventory limitations
- Payment issues
- Abuse of promotional offers
- Violation of these Terms
If an order is canceled after payment has been processed, we will issue any applicable refund according to our Refund Policy.
23. Digital Products and Downloads
Môdern Space Gallery may offer digital products, including:
- Ebooks
- Guides
- Templates
- Checklists
- Workbooks
- Design resources
- Educational materials
- Downloadable files
- Other digital content
By purchasing a Digital Product, you receive a limited, personal, non-transferable license to access and use the Digital Product for your own personal purposes.
Unless expressly authorized by Môdern Space Gallery, you may not:
- Resell Digital Products.
- Share Digital Products with others.
- Upload Digital Products to third-party websites.
- Distribute copies.
- Modify and sell derivative works.
- Claim ownership of Digital Products.
- Use Digital Products for commercial purposes.
All Digital Products remain the intellectual property of Môdern Space Gallery unless otherwise stated.
Due to the nature of digital goods, purchases may be subject to limited refund eligibility as described in our Digital Products & Downloads Policy and applicable law.
24. Subscriptions and Membership Services
Môdern Space Gallery may introduce subscription-based services, memberships, premium features, or paid access programs in the future.
Subscription services may include:
- Premium AI tools
- Advanced design features
- Exclusive content
- Member benefits
- Vendor services
- Business tools
- Educational resources
If subscription services become available, additional terms regarding:
- Pricing
- Billing cycles
- Automatic renewal
- Cancellation
- Refunds
- Usage limitations
may apply and will be presented before purchase.
By subscribing, you authorize Môdern Space Gallery or its payment providers to charge applicable fees according to the subscription terms presented at checkout.
25. Marketplace and Vendor Services
Môdern Space Gallery may expand to include a marketplace allowing third-party vendors, designers, brands, manufacturers, or sellers to offer products or services.
If marketplace functionality becomes available:
- Vendors are independent third parties.
- Vendors are responsible for the accuracy and legality of their listings.
- Vendors are responsible for product fulfillment, warranties, and customer obligations unless otherwise stated.
- Môdern Space Gallery does not guarantee vendor performance.
- Môdern Space Gallery may remove listings or suspend vendors that violate marketplace requirements.
Additional Vendor Marketplace Terms will apply to participating sellers.
26. Intellectual Property Ownership
All content and materials available through the Services, including but not limited to:
- Website design
- Branding
- Logos
- Trademarks
- Graphics
- Images
- Written content
- Blog articles
- Buying guides
- Product collections
- AI workflows
- AI prompts
- Software
- Algorithms
- Databases
- Layouts
- Digital products
- Educational materials
- Marketing materials
are owned by or licensed to Môdern Space Gallery and are protected by applicable intellectual property laws.
Except as expressly permitted in these Terms, you may not:
- Copy
- Reproduce
- Modify
- Distribute
- Publish
- Sell
- License
- Create derivative works from
- Reverse engineer
- Exploit
any portion of the Services without prior written permission from Môdern Space Gallery.
27. Limited License to Use the Website
Subject to your compliance with these Terms, Môdern Space Gallery grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website for lawful personal purposes.
This license does not grant you ownership rights in any Website content, technology, or intellectual property.
Any unauthorized use automatically terminates this license.
28. Copyright Policy
Môdern Space Gallery respects the intellectual property rights of others and expects users of the Services to do the same.
Users may not upload, post, transmit, distribute, or otherwise make available any material that infringes the copyrights, trademarks, patents, trade secrets, publicity rights, privacy rights, or other proprietary rights of any person or entity.
If you believe that material available through the Services infringes your intellectual property rights, please submit a notice in accordance with our DMCA/Copyright Policy.
Upon receipt of a valid notice, Môdern Space Gallery may, in its sole discretion:
- Remove or disable access to the allegedly infringing material;
- Notify the user responsible for the content;
- Request additional information;
- Restore content upon receipt of a valid counter-notice where appropriate; and
- Suspend or terminate accounts of repeat infringers.
Nothing in this section limits any other rights or remedies available to Môdern Space Gallery under applicable law.
29. Trademarks
"Môdern Space Gallery," our logos, branding, slogans, graphics, and other distinctive brand elements are trademarks or trade dress owned by or licensed to Môdern Space Gallery.
You may not use our trademarks, logos, branding, domain names, social media identifiers, or other proprietary brand assets without our prior written permission.
Nothing contained within the Services grants any license or right to use our trademarks except as expressly provided in these Terms.
30. Third-Party Websites and Services
The Services may contain links to third-party websites, products, applications, advertisements, or services that are not owned or controlled by Môdern Space Gallery.
Your interactions with third-party providers are solely between you and the applicable third party.
Môdern Space Gallery does not endorse or assume responsibility for:
- Third-party websites;
- Third-party content;
- Privacy practices;
- Security practices;
- Products;
- Services;
- Business practices;
- Advertisements; or
- Availability of third-party platforms.
Your use of third-party services is governed by the applicable third party's terms and privacy policies.
31. Website Availability
We strive to provide reliable access to the Services; however, uninterrupted availability cannot be guaranteed.
The Website may occasionally become unavailable due to:
- Scheduled maintenance;
- Software updates;
- System upgrades;
- Security enhancements;
- Internet outages;
- Third-party service interruptions;
- Cybersecurity incidents;
- Technical failures; or
- Circumstances beyond our reasonable control.
Môdern Space Gallery is not liable for temporary interruptions, delays, or unavailability of the Services.
32. Suspension and Termination
We reserve the right to suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we reasonably believe that:
- You have violated these Terms;
- You have violated applicable law;
- Your conduct threatens the security or integrity of the Services;
- Your actions interfere with other users;
- Fraudulent or unauthorized activity is suspected;
- Continued access presents legal or operational risk to Môdern Space Gallery.
Termination does not limit any rights or remedies available to Môdern Space Gallery.
Sections of these Terms that, by their nature, should survive termination—including provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, arbitration, governing law, and dispute resolution—will remain in effect.
33. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MÔDERN SPACE GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- TITLE;
- ACCURACY;
- COMPLETENESS;
- RELIABILITY;
- AVAILABILITY; AND
- UNINTERRUPTED OPERATION.
WITHOUT LIMITING THE FOREGOING, MÔDERN SPACE GALLERY DOES NOT WARRANT THAT:
- THE SERVICES WILL OPERATE WITHOUT INTERRUPTION;
- ERRORS WILL BE CORRECTED;
- AI-GENERATED OUTPUTS WILL BE ACCURATE;
- PRODUCT RECOMMENDATIONS WILL BE SUITABLE;
- WEBSITE CONTENT WILL ALWAYS BE CURRENT;
- THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR
- THE RESULTS OBTAINED FROM USING THE SERVICES WILL MEET YOUR EXPECTATIONS.
YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES.
34. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MÔDERN SPACE GALLERY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
WITHOUT LIMITING THE FOREGOING, MÔDERN SPACE GALLERY SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM:
- AI-generated recommendations;
- Decorating or design decisions;
- Furniture fit or placement;
- Color variations;
- Product defects;
- Shipping delays;
- Manufacturer recalls;
- Third-party retailer actions;
- Data loss;
- Business interruption;
- Unauthorized access to your account despite reasonable security measures;
- Website downtime; or
- Reliance upon information available through the Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO MÔDERN SPACE GALLERY FOR THE APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN THOSE JURISDICTIONS, THESE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
35. Indemnification
You agree to defend, indemnify, and hold harmless Môdern Space Gallery, its owners, officers, employees, contractors, affiliates, licensors, successors, assigns, and service providers from and against any claims, demands, damages, liabilities, judgments, losses, costs, expenses, or reasonable attorneys' fees arising out of or relating to:
- Your use of the Services;
- Your User Content;
- Your violation of these Terms;
- Your violation of applicable law;
- Your infringement of any intellectual property or other rights of a third party; or
- Your misuse of AI features or other Services.
Môdern Space Gallery reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. You agree to cooperate fully in the defense of such matters.
36. Force Majeure
Môdern Space Gallery shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from causes beyond our reasonable control, including but not limited to:
- Natural disasters;
- Fire;
- Flood;
- Earthquakes;
- Severe weather;
- War;
- Terrorism;
- Civil unrest;
- Labor disputes;
- Government actions;
- Utility failures;
- Internet outages;
- Cyberattacks;
- Epidemics or pandemics; or
- Failures of third-party technology providers.
During such events, our obligations will be suspended for the duration of the event and resumed as soon as reasonably practicable.
37. Governing Law
These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles.
Nothing in these Terms limits any consumer protection rights that may not be waived under applicable law.
38. Agreement to Arbitrate
To the fullest extent permitted by applicable law, you and Môdern Space Gallery agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court, except for:
- Claims eligible for small claims court;
- Actions seeking temporary or preliminary injunctive relief;
- Claims relating to intellectual property rights; or
- Any matter that applicable law requires to be heard by a court.
Arbitration shall be conducted by a mutually agreed-upon arbitration provider under its applicable rules.
The arbitration shall take place in Tulsa County, Oklahoma, unless the parties mutually agree to another location or remote proceedings where permitted.
The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration provision.
Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator or required by applicable law.
39. Class Action Waiver
To the maximum extent permitted by law, you and Môdern Space Gallery agree that all claims shall be brought solely in an individual capacity.
Neither party shall participate as:
- A plaintiff;
- A claimant;
- A class representative;
- A class member; or
- A private attorney general
in any purported class action, consolidated proceeding, representative action, or collective arbitration.
If this Class Action Waiver is determined to be unenforceable, then only that specific portion shall be severed, and the remaining Terms shall remain in full force and effect.
40. Electronic Communications
By using the Services or communicating with Môdern Space Gallery electronically, you consent to receive communications from us electronically, including by:
- Email;
- Website notices;
- Account notifications; or
- Other electronic means.
You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
41. Privacy
Your privacy is important to us.
Our collection, use, disclosure, storage, and protection of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand how your information may be collected and used.
42. Reservation of Rights
Except for the limited rights expressly granted under these Terms, Môdern Space Gallery reserves all rights, title, and interests in and to the Services.
Nothing contained within these Terms shall be interpreted as granting any ownership interest, license, or other rights except as expressly stated.
Failure by Môdern Space Gallery to enforce any provision of these Terms shall not constitute a waiver of any right or provision.
43. Assignment
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without our prior written consent.
Môdern Space Gallery may assign or transfer these Terms, in whole or in part, without restriction, including in connection with:
- A merger;
- Acquisition;
- Sale of assets;
- Corporate restructuring;
- Financing transaction; or
- Operation of the business.
These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
44. Severability
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law.
The remaining provisions of these Terms shall continue in full force and effect.
45. No Waiver
No waiver of any provision of these Terms shall be deemed a continuing waiver or a waiver of any other provision.
Any waiver must be in writing and signed by an authorized representative of Môdern Space Gallery.
46. Entire Agreement
These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Môdern Space Gallery regarding your use of the Services.
These Terms supersede all prior or contemporaneous agreements, communications, representations, and understandings relating to the Services.
47. Contact Information
If you have questions regarding these Terms or the Services, you may contact us using the contact information provided on our Website.
Website:
www.modernspacegallery.com
Contact Page:
https://www.modernspacegallery.com/pages/contact
Business Name:
Môdern Space Gallery
Email Address: customerservice@modernspacegallery.com.
48. A Final Word
Thank you for visiting Môdern Space Gallery.
Our goal is to create an inspiring, trustworthy, and innovative platform where users can confidently explore home design ideas, discover quality products, and benefit from thoughtfully developed AI-powered experiences.
As our platform evolves, we remain committed to transparency, responsible innovation, user privacy, and providing valuable resources to help transform living spaces with confidence and creativity.
By continuing to use our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
We appreciate the opportunity to be part of your home design journey.
© Môdern Space Gallery. All rights reserved.