The Customer must accept the following “Customer Terms and Conditions” when using thefashionhaven website, the shoot builder and when registering and signing up with thefashionhaven as a user of the website. thefashionhaven is Diego Santangelo Srls, Limited Liability Company. The registered address is Via San Giovanni Maggiore Pignatelli 29, 80134 Naples, Italy. info@thefashionhaven.it

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

1 Binding Agreement. Description thefashionhaven – (or “thefashionhaven”, “we”, “us” or “our”) provides and makes available its website located at www.thefashionhaven.it (the Site) together with its mobile services thefashionhaven together with the Site, the service”). Your use of the Service is subject to the Terms and Conditions contained in this Agreement (“CTC”). When you choose to use this service, you agree to all policies and procedures set forth in the Service between you and thefashionhaven. By accessing, browsing, making purchases or otherwise using the Service, you acknowledge that you have read, understood and agree to be bound by these GTC. If you do not accept the terms and conditions of this CTC, you may not access, browse or use the Service. As further described below, this CTC requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
1 Changes to these GTC. You understand and agree that thefashionhaven may change this CTC at any time without notice; provided that thefashionhaven will use its best efforts to provide you with advance notice of any material changes. You can read the current and effective version of this CTC at any time by selecting the appropriate link on thefashionhaven website. The revised CTCs will be effective upon posting. Any use of the Service after that date will constitute acceptance of such amended terms and conditions. If any changes to this CTC are not acceptable to you, your sole remedy is to cease accessing, browsing, purchasing and using the Service. The terms of this CTC will govern all updates provided by thefashionhaven that replace and/or supplement any part of the Service, unless such update is accompanied by a separate license or revised CTC, in which case the terms of such license or CTC revised rule.
1.4 Privacy Policy. Your access to and use of the Service is also subject to thefashionhaven’s Privacy Policy, available here.
1.5 Eligibility. The service is not intended for persons under the age of 18 or for any users previously suspended or removed from the service by thefashionhaven. If you are under the age of 18, you must not use or access the Service at any time in any manner. The service is intended only for professionals or business entities. By using the Service, you represent that you are at least 18 years of age. If you are using the Service on behalf of a company, entity or organization (collectively, “Organization”), you represent and warrant that (i) you are an authorized representative of such Organization; (ii) have the authority of such Organization to be bound by the following;
• Make a purchase at checkout on this website. Create an account and use the website to complete checkout and pay for thefashionhaven service. They are authorized to enable and organize the movement/courier of the organization’s assets globally. These goods are especially samples of clothing, apparel and accessories.
• Accept all other terms and conditions, i.e. Privacy Policy, Limited Liability and Disclaimer, Model Use and Image Release Agreement. And you agree to be bound by this CTC and the corresponding booking confirmation form.

2. THE SERVICE

2.1 Description. The Service – provided that a customer registers and uses thefashionhaven website service and then agrees to the following agreements, namely Privacy Policy, Limited Liability and Disclaimer, Model Usage and Image Release Agreement. Acceptance of these agreements allows such user (“Customers”) to search and “purchase” fashion models to be photographed/videographed in customers clothing according to customer references selected during the checkout process. The service offered is,
• Selection and reservation of Models/Talents
• Photo studio and equipment for the Model/Talent photo shoot
• Hairdresser and make-up artist
• Styling Artist and the supply of selected styling accessories during the checkout process
• Photographer/videographer services in a studio or outdoor location as specified
• Photo digital assistant.
• Courier service for the collection and delivery of the customer’s clothing, accessories to be photographed/videographed on the selected model
2.2 Customers. Customers can browse the photographic portfolio of Models/Talents through thefashionhaven Service. Customers can also use the service to filter to find the best model/talent for their piece of clothing to be photographed or videographed. If a Client wishes to purchase the Model or the Talent, the Client may do so by following the booking process on the Website Service up to the final stage of check-out and then pay for the selected “product”.

3. REGISTRATION

3.1 Login credentials. To use the Website Service, you must log in through the Website Service and register for an account with the Service (an “Account”). To create an account, you must provide your correct name, email address and/or social media account information and other information that helps verify your true identity.
3.2 Account Security. You are responsible for maintaining the security of your Account and are fully responsible for all activities that occur through the use of your credentials. You agree to notify thefashionhaven immediately if you suspect or become aware of any unauthorized use of your login credentials or any other breach of security in connection with your Account. thefashionhaven will not be liable for any loss or damage arising from the unauthorized use of your credentials.
3.3 Accuracy of Information. By creating an account and proceeding through the checkout process, you agree to provide true, accurate, current, and complete information as prompted on any registration, information, product, contact, or product information form requested by thefashionhaven. With particular attention to your tax code, company registration number and tax code, EIN or VAT number. You also agree to promptly update information about yourself and the organization and, as necessary, to keep it current and accurate.
3.4 We reserve. The right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without notice, suspend or terminate your Account if there is any activity on your Account which, in our sole discretion, would or may be a violation of this CTC, or a violation or violation of the rights of any third party or any applicable law or regulation, including, but not limited to, trademark rights, rights of author or rights of privacy or publicity. If messages sent to an email address provided by you are returned as undeliverable, thefashionhaven reserves the right to close your account with or without notice and without any liability to you or any third party. We also reserve the right to read your helpdesk/contact form messages with or without your permission or prior knowledge.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 License. The Service is licensed, not sold, to you solely for use under the terms of this CTC. thefashionhaven reserves all rights not expressly granted to the user. Subject to your full and continued compliance with the terms and conditions of this GTC, thefashionhaven grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for the purpose of searching for Models/Talent and licensing their rights to the image for a certain period of use according to the Agreement on model use and image release.
4.2 Content. Except for User Materials (as defined below), content made available on or through the Service, including, without limitation, any text, graphics, photos, software, and interactive features or encoding may be copyrighted or other intellectual property and proprietary rights of thefashionhaven or thefashionhaven’s third party licensors or suppliers (the “thefashionhaven Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any manner without the express prior written permission of the copyright owner of such materials or as otherwise specified in this GTC or permitted by the features of the Service.
4.3 You may not modify any material obtained from the Service unless you have obtained prior express written permission from the applicable copyright owner. You must obtain permission for all other uses of materials made available on or through the Service from thefashionhaven or the copyright owner in advance and in writing. thefashionhaven exclusively holds all design, database and compilation rights and other intellectual property rights in and to the Service, whether registered or unregistered in each case, and related goodwill.
4.4 Trademarks. thefashionhaven trademarks, service marks and logos (the “thefashionhaven Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of thefashionhaven. Other product and service names found on the Service may be trademarks or service marks owned by third parties (the “Third Party Marks” and, collectively with thefashionhaven Marks, the “Trademarks”). Nothing on the Service or in this CTC should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Service without thefashionhaven’s prior written consent for each individual use. You may not use the Trademarks to disparage thefashionhaven or the applicable third party, the products or services of thefashionhaven or a third party, or in any way (using commercially reasonable judgment) that may damage goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without thefashionhaven’s prior written consent. All goodwill generated by the use of any thefashionhaven Trademark will solely benefit thefashionhaven.
4.5 Restrictions. You may not sell, transfer, assign, license, sublicense or modify thefashionhaven Content and you may not reproduce, display, publicly perform, create a derivative version, distribute or otherwise use thefashionhaven Content in any way for any audience or purpose commercial. The use or posting of any of thefashionhaven Content on any other website or in a networked computer environment for any purpose is expressly prohibited. Furthermore, you may not even attempt to derive the source code of, modify or create derivative works, any updates, or any part thereof (except to the extent and only to the extent that any of the above restrictions are prohibited by applicable law). If you violate any part of this CTC, your right to access and/or use thefashionhaven Content and Service will automatically terminate and you must immediately destroy any copies you have made of thefashionhaven Content.
4.6 Customer Brand. The Customer accepts that thefashionhaven may use your name and brand logo as a customer reference and may publicly disclose and advertise the fact that you are using thefashionhaven platform and services.

5. PURCHASES, RESERVATIONS AND PAYMENTS.

5.1 thefashionhaven has the right, but not the obligation, at its sole discretion, to refuse or eliminate any purchase/reservation that it reasonably deems to violate these CTC or be otherwise illegal, inappropriate or incorrect.
5.2 Cancellation. Customers may cancel purchases booked through the Service at their sole discretion. As agreed in the Model Use and Image Rights Release Agreement.
5.3 Deletion of Talent/Model. In the event that the Model/Talent cancels or is unable to shoot at any point after payment, thefashionhaven will use the second (2nd) or third (3rd) choice model selections. If these are unavailable or there is an unknown material problem with the completion of the shoot, we will refund your payment in full, excluding any bank or merchant charges.
5.4 Methods of payment. All payments must be made by PayPal, debit/credit card or any other means expressly accepted and made available during the checkout process by thefashionhaven. Manual transfers by wire transfer or wire transfer are also accepted.
5.5 Right to refuse. The finalization of your reservation in all cases where thefashionhaven’s Payment Processors will not be able to accept your payment or will refuse it due to the limits of your jurisdiction or for any other reason are at thefashionhaven’s discretion.
5.5 Evaluate. Currency is limited to USD, EUR or GBP.
5.6 Taxes. Customers are responsible for paying their own taxes. VAT, according to local law, will be added to the fees billed to you, if applicable.
5.7 Billing. At the time of the charge, the Payment Processor will send you a receipt. thefashionhaven will also send you an itemized invoice for your records.
5.8 Fraudulent Sources. The payment processor may not release the money if the source of the funds is suspected to be fraudulent. Any payments made with fraudulent funds (e.g. cloned or stolen credit cards) will be canceled immediately and you will have to pay the amount due.
5.9 Chargebacks. You agree not to make chargebacks or cancel any payment made to thefashionhaven. You acknowledge and agree that thefashionhaven will recover any chargebacks or reverse payments that may be imposed on funds paid to thefashionhaven through the platform.
5.10 You agree that no joint venture, partnership, employment or agency relationship exists between you and thefashionhaven as a result of this CTC or your use of the Service.
You expressly agree to the Privacy Policy, Limited Liability and Disclaimer, Model Usage, and Image Release Agreement.

6. USER MATERIALS

6.1 License to Your Materials. Customer Materials, information and data, logos, images, Model/Talent materials are collectively “User Materials”. By posting your User Materials to the Service, you hereby grant thefashionhaven (and its assigns, nominees, successors, licensees and sublicensees), for the sole purpose of displaying your User Materials free of charge to other users, a license unlimited, assignable, sublicensable, revocable, royalty-free, fully paid-up worldwide and during the Term of Terms and Conditions to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a direct-to-the-public basis, create works derived from, and otherwise use and exploit (collectively, “Use”) all User Materials uploaded to or provided through the Service in any media and format now known or hereafter developed.
6.2 Representations and Warranties. thefashionhaven’s use of your User Materials (or any portion thereof) as permitted in the GTC(A) will infringe, misappropriate, or violate the rights of any party or entity, including patents, copyrights, trademarks , trade secrets, moral rights of others, rights of publicity, rights of privacy, or other intellectual property rights or proprietary rights, (B) constitute or result in defamation, libel, libel, or violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretapping laws or other similar restrictions on non-consensual recording, or otherwise), or (C) require thefashionhaven to obtain licenses or make payments of any amount to third parties worldwide.

7. LIMITATION ON USE OF THE SERVICE

Restrictions. By using the Service, you agree not to:
7.2 Take any action that places an unreasonable load on the infrastructure of the Service;
7.3 Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service
7.4 Attempt to decipher, decompile, disassemble or reverse engineer any software that comprises or composes the Service;
7.5 Remove or alter any material posted on the Service, or associated sites, by thefashionhaven or any other person or entity;
7.6 Frame or link to any material or information available on the Service;
7.7 Alter, deface, mutilate or otherwise circumvent any approved software through which the Service is made available;
7.8 Use trademarks, service marks, design marks, logos, photographs or other content belonging to thefashionhaven or obtained from the Service;
7.9 Access, tamper with or use non-public areas of the Service, the computer systems and infrastructures of thefashionhaven (and its hosting company) or the technical delivery systems of thefashionhaven suppliers;
7.10 Harass, abuse, harm or support or incite harassment, abuse or harm to another person or group, including thefashionhaven employees;
7.11 Provide false personal information to thefashionhaven;
7.12 Create a false identity or impersonate any other person or entity in any way;
7.13 Create a new account with thefashionhaven without the express written consent of thefashionhaven, if thefashionhaven has previously disabled your account;
7.14 Solicit, or attempt to solicit, personal information from other Users;
7.15 Restrict, discourage or prevent any person from using the Service, disclose personal information about a third person on or obtained from the Service without that person’s consent, or collect information about users of the Service;
7.16 Use the Service to send emails or other communications to individuals who have requested not to send them communications;
7.17 Gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to any other computer or website connected or connected to the Service;
7.18 Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program which may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
7.19 Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
7.20 Violate any applicable national, federal, state or local law or regulation or the terms of this agreement; or
7.21 Assist or permit any person to engage in any of the activities described

8. EXTERNAL SITES

8.1 Third Party Websites. The FashionMama website and/or App may contain links to third-party websites (“External Sites”). These links are provided for your convenience only and not as an endorsement by us of the content of such external sites. The content of such external sites is developed and provided by others. You should contact the site administrator or webmaster for such external sites if you are unsure about such links or any content on such external sites. thefashionhaven is not responsible for the content of any linked external sites and makes no representations regarding the content or accuracy of any materials on such external sites. You must take precautions while downloading files from any websites to protect your computer from viruses and other destructive programs. If you decide to access any external site, you do so at your own risk.

9. ANSWERS

9.1 Feedback. While our people work continuously to develop and evaluate the ideas and features of our products, we pride ourselves on paying close attention to the interests, feedback, comments and suggestions we receive from the user community. If you choose to contribute by submitting thefashionhaven or our employees any ideas for products, services, features, changes, improvements, content, enhancements, technologies, content offerings (such as audio, images, games, or other types of content), promotions, strategies , or product/feature names, or any related literature, graphics, computer code, diagrams, or other materials (collectively “Feedback”), so regardless of what the accompanying notice may say, the following terms will apply, so that future misunderstandings can be avoided. Consequently, by submitting feedback to thefashionhaven you agree that:
(I). thefashionhaven is under no obligation to review, consider or implement your Feedback, or to return all or any portion of any Feedback to you for any reason;
(ii). Feedback is provided on a non-confidential basis and thefashionhaven is under no obligation to keep any Feedback submitted confidential or to refrain from using or disclosing it in any way; And
(iii). You irrevocably grant thefashionhaven perpetual and unrestricted permission to reproduce, distribute, create derivative works from, modify, publicly perform (including through the public base), publicly communicate, make available, publicly display and otherwise use and exploit the Feedback and its derivatives for any purpose and without restriction, free of charge and without attribution of any kind, including by creating, using, selling, offering for sale, importing and promoting commercial products and services incorporating or incorporating Feedback, whether in whole or in part, and whether as expected or as modified.

10. DISPUTE RESOLUTION

10.1 Mandatory Arbitration. Please read carefully. It affects your rights. You and thefashionhaven and our respective parent companies, subsidiaries, affiliates, predecessors in interest, successors, authorized assigns and any other party on whose behalf you access the service agree to arbitration (except for matters which may be brought to the dispute courts small claims), as an exclusive form of dispute resolution, except as provided below, for all disputes and claims arising out of or relating to this CTC or the Service. Arbitration is more informal than a court case. Arbitration uses a neutral arbitrator rather than a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by the courts. Arbitrators can award the same damages and awards that a court can award.
10.2 Amicable Settlement Attempt. A party wishing to seek arbitration must first send to the other, via an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”) or, in the absence of a mailing address provided by you to thefashionhaven, by any other method available to thefashionhaven, including email. The notice to thefashionhaven must be addressed to thefashionhaven. Jalan Pantai Pererenan 98C, Pererenan, Bali 80361 – Indonesia. Attn: Chief Executive Officer (the “Address of the Arbitration Notice”). The notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific remedy requested (the “Claim”). If you and thefashionhaven do not reach an agreement to resolve the claim within thirty (30) days of receiving notice, you or thefashionhaven may initiate an arbitration proceeding as set forth below.
a.ii. Arbitration Proceedings.
a.ii.1) Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or validity thereof, the monetary value of which the claim is between $5,000 and $100,000, must be filed to the Chartered Institute of Arbitrators (CIArb) and resolved by final and binding arbitration in accordance with the rules of the Business Arbitration Scheme. Judgment on any award made under this provision may be entered in any court of competent jurisdiction.
a.ii.2) Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or validity thereof, the monetary value of which the claim is in excess of $100,000, shall be filed with the Chartered Institute of Arbitrators (CIArb) and resolved by final and binding arbitration in accordance with the CIArb Arbitration Rules. Judgment on any award made under this provision may be entered in any court of competent jurisdiction.

11. MISCELLANEOUS.

11.1 Final Provisions. This CTC, its annexes and the policies contained herein are governed by the internal substantive laws of Indonesia without regard to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and courts of Indonesia. You agree that no joint venture, partnership, employment or agency relationship exists between you and thefashionhaven as a result of this CTC or your use of the Service. The user also acknowledges that, by sending user material and data, no confidential, fiduciary, contractually implied or other relationship is created between the user and thefashionhaven except pursuant to this CTC. If any provision of this GTC is held invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this GTC, which will remain in full force and effect.
11.2 The FashionMama’s failure to act or enforce any provision of this CTC will not be interpreted as a waiver of that provision or any other provision of this CTC. No waiver will be effective against thefashionhaven unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed to between thefashionhaven and you, this CTC constitutes the entire agreement between you and thefashionhaven relating to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, between the parties relating to the subject of this document. The section titles are provided for convenience only and will have no legal meaning. This GTC will inure to the benefit of our successors and assigns. You may not assign this CTC or any of the rights or licenses granted herein, directly or indirectly, including sale, merger, change of control, enforcement or otherwise, without thefashionhaven’s prior written consent. This means that in the event that you have any devices on which you have installed the App, for example for sale or as a gift, you are responsible for deleting the App from your mobile device prior to such provision. thefashionhaven may assign this CTC, including all of its rights hereunder, without restriction.

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