Terms of Use

We are Modeseum (‘Company’, ‘we’, ‘us’, or ‘our’).

We operate the website https://modeseum.com (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).

You can contact us by email at support@modeseum.com.

These Legal Terms constitute a legally binding agreement made between you and Modeseum concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA.

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, as well as the trademarks, service marks, and logos contained therein.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Your submissions and contributions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission.

The Services may invite you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services (‘Contributions’). You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

You are responsible for what you post or upload, and we may remove or edit your Content if, in our reasonable opinion, it is harmful or in breach of these Legal Terms.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Services for any illegal or unauthorised purpose; and (6) your use of the Services will not violate any applicable law or regulation.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

At this time Modeseum does not offer paid purchases or subscriptions. If this changes in the future, this section will be updated before those features launch.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• systematically retrieve data or other content without written permission from us;
• trick, defraud, or mislead us or other users;
• circumvent, disable, or otherwise interfere with security-related features of the Services;
• use the Services in a manner inconsistent with applicable laws or regulations;
• upload or transmit viruses, spam, or other harmful material;
• engage in automated use of the system or unauthorised scraping;
• impersonate another user or person;
• interfere with, disrupt, or create an undue burden on the Services;
• copy or adapt the Services' software except as permitted by law;
• make any unauthorised use of the Services for revenue-generating or competing purposes.

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites.

When you create or make available any Contributions, you thereby represent and warrant that:

• your Contributions do not and will not infringe the proprietary rights of any third party;
• you have the necessary licences, rights, consents, releases, and permissions to use and to authorise us and other users to use your Contributions as contemplated by the Services and these Legal Terms;
• your Contributions are not false, inaccurate, or misleading;
• your Contributions are not unlawful, harassing, threatening, abusive, defamatory, obscene, or otherwise objectionable;
• your Contributions do not otherwise violate any provision of these Legal Terms or any applicable law or regulation.

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Private Data Carve-Out. Notwithstanding the broad licence granted above, if you use features explicitly designated as private, including private collection entries, private wantlists, private notes, and private owner-uploaded photos, our licence to those private Contributions is limited to hosting, storing, processing, backing up, and making them available to you and as otherwise necessary to operate, secure, maintain, and comply with law in connection with the Services. We will not publish, publicly display, or otherwise make those private Contributions available to other users unless you choose to change their status to public or instruct us to do so.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the criteria set out in these Legal Terms, including that your reviews should be based on firsthand experience, should not contain abusive, discriminatory, or illegal content, and should not contain false or misleading statements. We may accept, reject, or remove reviews in our sole discretion.

Modeseum does not currently offer a mobile application. If that changes in the future, this section will be updated before any mobile app is launched.

The Services may contain links to other websites and content belonging to or originating from third parties. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites or Third-Party Content accessed through the Services.

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, take appropriate legal action against users who violate the law or these Legal Terms, restrict access to or disable Contributions, remove files and content that are excessive in size or burdensome to our systems, and otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you understand that your data may be transferred to and processed in the United States and other countries where we or our service providers operate.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including for breach of these Legal Terms or of any applicable law or regulation.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times.

We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

These Legal Terms are governed by the laws of South Australia and the Commonwealth of Australia.

Nothing in these Legal Terms limits any rights you may have under the Australian Consumer Law.

Before filing a formal claim, you agree to first contact us at support@modeseum.com and attempt to resolve the dispute informally in good faith.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

The Services are provided on an “as is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages, subject to rights that cannot be excluded under applicable law.

You agree to defend, indemnify, and hold us harmless, including our affiliates and personnel, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the Services, breach of these Legal Terms, or violation of the rights of a third party.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. We may maintain backups and recovery measures as part of ordinary operations, but you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at support@modeseum.com.