Modern Spaces LLC (Modern Spaces or Modern Spaces) provides online real estate resources and services pertaining to the city of New York, NEW YORK (NYC), available through the Modern Spaces WEBSITE located at www.modernspacesnyc.com. Interaction with Modern Spaces regarding classified online property listings, NYC real estate related information, and various email and mailing list services, (collectively considered ("Modern Spaces SERVICES") are subject to the following Terms of Services (ToS). When engaging with Modern Spaces SERVICES in any capacity, YOU, the USER, agree to comply with all policies outlined in the ToS. If you are not in agreement with any policies outlined in the ToS, simply discontinue all use of Modern Spaces SERVICES.

Modern Spaces reserves the right to modify and update the ToS at any time, with sole discretion, without notice, and all modifications will take effect immediately upon posting.

You can find the latest version of the ToS here: www.modernspacesnyc.com/terms_of_service.php

Any inquiries concerning the ToS can be emailed to info@modernspacesnyc.com

SUBMISSIONS & CONTENT

All postings, emails, texts, images, video, feedback, or other materials (collectively considered SUBMISSIONS) posted to the Modern Spaces WEBSITE or transmitted through all Modern Spaces SERVICES are the sole responsibility of the party from whom the SUBMISSION was generated, or posted.

In posting any SUBMISSIONS on the Modern Spaces WEBSITE, you agree:

  • to assume full responsibility for the entirety of your SUBMISSION (Modern Spaces does not alter or modify any portion of your SUBMISSION, but will simply reject it if it does not comply with the ToS. No explanation is required, though one may be granted);
  • to allow your SUBMISSION on the Modern Spaces WEBSITE to be hyperlinked via other Third Party sites, according to the guidelines outlined in the ToS;

All interactions with content generated by Modern Spaces (CONTENT) and SUBMISSIONS are at your risk only. While Modern Spaces attempts to verify basic information contained within SUBMISSIONS, Modern Spaces does not guarantee the authenticity or accuracy of any information contained within the CONTENT or SUBMISSIONS. It is incumbent upon the USER to evaluate the validity of the information contained within the CONTENT and SUBMISSION and bear all risks associated with use of said information.

In addition, the Modern Spaces WEBSITE contains links to other websites which are unaffiliated with Modern Spaces, via CONTENT posted by Modern Spaces, as well as links posted by Modern Spaces USERS in their respective SUBMISSIONS. Modern Spaces makes no warranty as to the accuracy or validity of any information contained in these Third Party Listings.

YOU agree to assume all risk and related responsibility while or as a result of interacting with the Modern Spaces WEBSITE, and indemnify and hold harmless Modern Spaces for any loss or damage incurred by interaction with Modern Spaces CONTENT, SUBMISSIONS, and Third Party websites linked via the Modern Spaces WEBSITE.

Modern Spaces reserves the right, with sole discretion, to refuse or remove from all Modern Spaces SERVICES, any SUBMISSION that violates any policy outlined within the ToS, without any obligation to explain or verify.

ACCESS TO Modern Spaces SERVICES

Modern Spaces grants all USERS free and open access to view all CONTENT and SUBMISSIONS on the Modern Spaces WEBSITE. Modern Spaces retains the right, with sole discretion, to determine how the CONTENT and SUBMISSIONS on the Modern Spaces WEBSITE are displayed and accessed. Modern Spaces will not alter or edit the content of the SUBMISSION.

USERS can hyperlink to all pages on the Modern Spaces WEBSITE, provided the link does not portray Modern Spaces, Modern Spaces USERS, or other Modern Spaces affiliates in a negative, derogatory, or otherwise offensive manner. In addition, hyperlinks to the Modern Spaces WEBSITE are not permitted as endorsement to Third Party products or services, or for any other commercial use.

ACCOUNT PRIVILEGES

Modern Spaces offers the ability to register with the Modern Spaces WEBSITE for a MY Modern Spaces account (registered USERS are collectively considered Modern Spaces USERS). Modern Spaces grants to Modern Spaces USERS only, the ability to post Property Listings and other SUBMISSIONS directly onto the Modern Spaces WEBSITE, to be viewed and responded to directly by all USERS.

Account privileges are granted by Modern Spaces exclusively to individual (non-commercial) or business USERS, and granted specifically to the subscribing Modern Spaces USER only. Account privileges are non-transferable.

Modern Spaces permits you, the Modern Spaces USER, to hyperlink to your SUBMISSION on the Modern Spaces WEBSITE, from other external websites, for noncommercial uses only. The number of such external hyperlinks to your SUBMISSION cannot exceed fifty (50).

Modern Spaces retains the right to determine, with sole discretion, if a Modern Spaces USER is violating the ToS, and reserves the right to UNSUBSCRIBE and/or BAN the USER from posting SUBMISSIONS on the Modern Spaces WEBSITE.

EMAIL COMMUNICATION WITH Modern Spaces USERS

Modern Spaces uses email as a primary mode of communication with Modern Spaces USERS, and your email address will become the ‘MY Modern Spaces account username. As a registered MY Modern Spaces account holder, you grant Modern Spaces the permission to communicate with you via email regarding your account, your Property Listing, system messages, service announcements & updates, and other messages related to administration of the Modern Spaces WEBSITE.

In addition, you allow other USERS of the site to contact you via a ‘Send Email link on the Property Listing, regarding your posting. Your email address will not be displayed, instead the USER will complete a form, submit it to the Modern Spaces WEBSITE, and Modern Spaces will forward you the email.

PROPERTY LISTINGS

In posting Property Listings (and all other SUBMISSIONS) to the Modern Spaces WEBSITE, you agree:

  • that you are legally authorized within the state of NEW YORK, to represent the property with regard to the lease or sale transaction you are intending to create (Legal authorization arises in the form of legal property ownership, or expressed verbal or written authorization by the legal Property Owner or legally authorized Agent, such as a Broker, Management Company, Lawyer, or authorized Other Party within the State of New York.);
  • not to post any imagery, text or other materials that violates copyright law or license agreements, and that if it discovered that material has been posted which violates copyright law and/or license agreements, Modern Spaces reserves the right, with sole discretion and without explanation, to remove the SUBMISSION immediately;
  • not to submit imagery that is pornographic, represents the likeliness of any actual person, or can be reasonably deemed irrelevant to the marketing of a property for sale or lease;
  • to comply with the Fair Housing Act, by not stating in any SUBMISSION, a discriminatory preference based on sex, race, color, national origin, familial status, handicap, or religion; or that violates any local or state laws that prohibit discriminatory practices on the basis of these or other characteristics;
  • not to submit a false Property Listing, or to knowingly submit any information contained within a Property Listing that is false or untrue, or cannot verify the validity of;
  • to submit accurate contact information;
  • to allow the Property Listing, or any portion of it, to be searched, copied, downloaded, printed and otherwise referred to by Modern Spaces USERS;
  • that Modern Spaces retains the sole authority to choose the manner in which the Property Listing is searched, accessed and interacted with by USERS;
  • to disclose the full property address of the Property Listing to Modern Spaces, though you can opt not to display the address to USERS;
  • that though you can opt not to display the property address to users on your Property Listings posting, Modern Spaces assumes absolutely no responsibility for protecting against the discovery of the property address, and you agree to indemnify and hold harmless Modern Spaces from any loss or damage incurred by the discovery of the property address by a USER, even if disclosure is accidentally allowed via a technical error with the Modern Spaces WEBSITE;
  • to allow Modern Spaces and USERS to create hyperlinks to your SUBMISSION via Third Party websites, according to the guidelines of the ToS;
  • that Modern Spaces shall have the right to use Property Listings and other SUBMISSIONS submitted to the Modern Spaces WEBSITE for any purpose, including without limitation, for publication of all or part of said SUBMISSION on Third Party websites, according to the guidelines of the ToS.

LISTINGS REVIEW

All Property Listings and SUBMISSIONS in general, will be screened for approval prior to appearing on the Modern Spaces WEBSITE. Modern Spaces retains the right, but not the obligation to review any listing submitted to the Modern Spaces WEBSITE by a USER. Property Listings will be screened with regard to their compliance with the ToS. If approved, they will become live on the Modern Spaces WEBSITE. If rejected, the USER who submitted the rejected posting will receive a notification of rejection. Modern Spaces retains the right, but not the obligation, to explain the reason(s) for Listing rejection.

UNSOLICITED EMAIL (SPAM)

Modern Spaces prohibits the use of the Modern Spaces WEBSITE or Modern Spaces SERVICES to generate or send unsolicited commercial email (SPAM). You agree not to use the ‘SEND AN EMAIL or ‘EMAIL A FRIEND functions on the Modern Spaces WEBSITE, or other email tools on the Modern Spaces WEBSITE or Modern Spaces SERVICES, to send SPAM, or any other content intended as commercial advertisement, or for any other purposes that violate the ToS.

PRIVACY STATEMENT

Modern Spaces has drafted a Privacy Statement to explain how your information is used and collected.

The Privacy Statement can be found at: www.modernspacesnyc.com/privacy_statement.php.

Your interaction with the Modern Spaces WEBSITE and Modern Spaces SERVICES in any capacity signifies acknowledgement and agreement to the Privacy Statement.

You agree that Modern Spaces may, with sole discretion, may preserve and/or disclose the content of your SUBMISSION, your account information, including email address and other contact details, and other available information, if required to do by law or subpoena, or in the good faith belief that such disclosure is reasonably necessary to: enforce the ToS, comply with the legal process; respond to claims of copyright infringement by Third Parties; to protect the rights of other USERS and Modern Spaces.

REAL ESTATE AGENTS

If you are a licensed NY State Real Estate Agent (Agent refers to Broker and Salesperson) posting Property Listings, you agree to comply with all disclosure requirements as outlined in New York State Real Estate License Law Article 12a. In short, you agree to assume all responsibility for the legalities of marketing a property listing for lease or sale in the state of New York.

When registering for an Modern Spaces account as a licensed NY Real Estate Broker or Salesperson, your unique license number is required to post a listing.

Licensed Real Estate Agents in other US states, but not New York, are not authorized to post Property Listings representing NYC Real Estate, unless they are the legal Property Owner of the marketed property, representing as the Property Owner.

VIOLATIONS OF THE ToS

Please report any violations of the ToS, by flagging the posting for review, or by emailing to: abuse@modernspacesnyc.com

TERMINATION OF SERVICE

You agree that Modern Spaces, with sole discretion, has the right to delete or revoke your account privileges, and terminate your MY Modern Spaces account without limitation, immediately and without notice, for any reason, especially but not limited to, if it is deemed that you have violated the ToS. In addition, you agree not to attempt to register for another MY Modern Spaces account, using the previous or any other email addresses as your username, if you have been banned or unsubscribed from the service.

OWNERSHIP AND PROPRIETARY RIGHTS

Modern Spaces retains all rights, title and interest in the Modern Spaces WEBSITE and Modern Spaces SERVICES technology, including but not limited to: Email Alerts, Mailing Lists, Database, and all underlying technology and data. You agree not to, or allow others to: dismantle, copy, reverse engineer, merge, disclose, merge or transfer the underlying source code of the Modern Spaces WEBSITE or structure of Modern Spaces SERVICES technology, or delete or alter copyright notices or author attributes.

The CONTENT transmitted via the Modern Spaces WEBSITE and Modern Spaces SERVICES are protected to the full extent permitted by law. All CONTENT transmitted via the Modern Spaces WEBSITE and Modern Spaces SERVICES are protected by copyright as a collective work, pursuant to copyrights laws, and international conventions. Any reproduction or redistribution of any portion of CONTENT on the Modern Spaces WEBSITE or Modern Spaces SERVICES is prohibited without the express written consent of Modern Spaces.

Modern Spaces does not claim ownership of SUBMISSIONS by USERS, however, by posting SUBMISSIONS, you automatically grant, and you represent and warrant that you have the right to grant, to Modern Spaces the full rights to copy, and redistribute SUBMISSIONS via Third Party websites and other media, including print, at the sole discretion of Modern Spaces. Modern Spaces will not modify or alter the content of the SUBMISSION.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied onto Modern Spaces in a way that constitutes copyright infringement, please provide Modern Spaces copyright agent with the following information:

  • Your physical or electronic signature;
  • Your address, telephone number, and email address;
  • A description of the copyrighted material that has been infringed upon, and where it is located on the Modern Spaces WEBSITE;
  • A statement by you that you have a good-faith belief that the disputed us is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that the above information in your Notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

Notices of Copyright Infringement can be sent to: Copyright Agent, Modern Spaces, 853 Broadway, Suite 1116, New York, New York, 10003.

The above outlined procedure is for exclusively notifying Modern Spaces that your copyrighted material has been infringed.

WARRANTY DISCLAIMERS

THE Modern Spaces WEBSITE AND Modern Spaces SERVICES ARE PROVIDED ON AND AS IS OR AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THE Modern Spaces WEBSITE AND Modern Spaces SERVICES ARE ENTIRELY AT YOUR OWN RISK. Modern Spaces MAKES NO PROMISES, RESPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ALL FUNCTIONS OF THE Modern Spaces WEBSITE AND Modern Spaces SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Modern Spaces DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ACCESSED VIA LINKS ON THE Modern Spaces WEBSITE AND Modern Spaces SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. Modern Spaces DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Modern Spaces WEBSITE AND Modern Spaces SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY and INDEMNITY

IN NO EVENT SHALL Modern Spaces BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF BUSINESS PROFIT, LOSS OF USE OR DATA, OR INTERUPTION OF BUSINESS, AND REGARDLESS IF Modern Spaces HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE ToS, OR FROM ANY ASPECT OF YOUR USE AND INTERACTION WITH THE Modern Spaces WEBSITE AND ALL Modern Spaces SERVICES, WHETHER THE DAMAGES ARISE FROM INABILITY TO ACCESS THE Modern Spaces WEBSITE OR Modern Spaces SERVICES, USE OR MISUSE OF THE Modern Spaces WEBSITE OR Modern Spaces SERVICES, OR THE INTERUPTION, SUSPENSION, MODIFICATION OR TERMINATION OF THE Modern Spaces WEBSITE OR Modern Spaces SERVICES.

Modern Spaces (and its officers, affiliates, employees, and agents) shall not be liable for any damages whatsoever arising from your use of, or interaction with the Modern Spaces WEBSITE and Modern Spaces SERVICES, and you agree to INDEMNIFY Modern Spaces (and its officers, affiliates, employees, and agents), and hold harmless Modern Spaces (and its officers, affiliates, employees, and agents) from and against any and all costs and damages, including but not limited to, attorneys fees and court costs, made by any Third Party due to or arising out of any SUBMISSION to the Modern Spaces WEBSITE, use of Modern Spaces SERVICES, violation of the ToS, breach of any representations and warranties herein, or violation of the rights of another.

GOVERNING LAW

The ToS, and Modern Spaces SERVICES, shall be governed by the laws of the State of New York, with out reference to conflict of law principles. You and Modern Spaces hereby agree to submit to the exclusive jurisdiction of the courts located with the county of New York, New York for the adjudication of any disputes or claims arising out of and/or related to the ToS. The failure of Modern Spaces to exercise or enforce any provision in the ToS shall not constitute a waiver of such provision. If any provision of the ToS is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be removed from the ToS, which shall remain in full force and effect.

ASSIGNMENT

The ToS constitutes a binding agreement between you and Modern Spaces, and the rights herein or any rights hereunder may not be assigned, sublicensed, or otherwise transferred by you without the prior written consent of Modern Spaces, which retains the right to withhold consent with sole discretion.

ENTIRE AGREEMENT

The provisions in the ToS constitute the entire agreement between you and Modern Spaces and supercede all understandings, whether oral or written, between you and Modern Spaces LISITINGS with respect to the subject matter of the ToS.

NOTICES

All Notices to Modern Spaces can be sent to 853 Broadway, Suite 1116, New York, New York 10003.

FEEDBACK

Feedback regarding the ToS, the Modern Spaces WEBSITE and Modern Spaces SERVICES can be emailed to feedback@modernspacesnyc.com.