Welcome to FashionHarp located at https:// FashionHarp.com (the “Website”). This Website is Powered by Nubistudio (“Agency”, “we”, “our” or “us”).YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at +447638698274 between the hours of 9:30a-6:00p EST otherwise email us at email@example.com
“As internet users and photo sharers ourselves, we have provided you with terms and conditions that we would sign on to ourselves.”In other words: “You own everything that is yours, online”
Acceptance of Terms
FashionHarp reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, FashionHarp will notify you by Posting an announcement on the site. What constitutes a material change will be Determined at FashionHarp’s sole discretion. You shall be responsible for reviewing and becoming Familiar with any such modifications. Using any service or viewing any content following Notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Description of Service
FashionHarp.com is a public access general purpose portfolio hosting and model scouting web site, as well as, a community for models, agencies, independent scouts, photographers, makeup artists, stylists and industry professionals. FashionHarp.com provides a hosting service for person to person display, marketing, and communication on a professional level between models, agents, scouts, photographers, makeup artists, stylists, and industry professionals.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of FashionHarp. FashionHarp reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. FashionHarp may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with FashionHarp and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your FashionHarp account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your FashionHarp account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.
The Services are for use by individuals who are models, agencies, independent scouts, photographers, makeup artists, stylists and industry professionals. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.
To fully use the services you need to create your own account, without violating other peoples rights.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not FashionHarp are entirely responsible for all Content that you post, or otherwise submit to the Site. FashionHarp does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by FashionHarp. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any FashionHarp user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts for the purpose of voting for or against users’ photographs or images;
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person;
- To sell or otherwise transfer your profile;
- To report a suspected abuse of the Site or a breach of the Terms (other thanrelating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to FashionHarp at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. FashionHarp reserves the right, but has no obligation, to monitor disputes between you and other users.
You cannot use our site to post pornographic material, harass people, send spam, negatively vote on all photos, and do other crazy stuff. Be reasonable and responsible, don’t do anything stupid and you’ll be fine.
Content submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. In consideration of FashionHarp’s agreement to allow you to post Content to the Site and FashionHarp’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with FashionHarp as follows:
You acknowledge that:
By uploading your photographic, video or graphic works to FashionHarp you retain full rights to those works that you had prior to uploading.
The license granted to FashionHarp includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to FashionHarp by you;
FashionHarp uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Not with standing this, FashionHarp makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. FashionHarp does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize FashionHarp to permit users and visitors to the Site to make such low resolution copies of your Content; and
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
You have the full and complete right to enter into this agreement and to grant to FashionHarp the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by FashionHarp of the Content as contemplated herein; and
The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against FashionHarp all of which such rights are hereby expressly and irrevocably waived by you in favour of FashionHarp.
Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and will not sell your photos without your permission.
FashionHarp respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. FashionHarp will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site. To notify FashionHarp of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable FashionHarp to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content.
If you feel that your Content is not infringing, you may provide FashionHarp with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable FashionHarp to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys fees) if you materially misrepresent that your Content is not infringing the copyrights of others. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
We respect copyright. If anything is wrong, please send an email with all the details to email@example.com
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FashionHarp has no control over such sites and resources, you acknowledge and agree that FashionHarp is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FashionHarp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Some people may post links; we are not responsible for those links.
We are not liable if something goes really wrong. Always have a backup of your photos.
FashionHarp, fashionharp.com and other FashionHarp graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of FashionHarp. FashionHarp’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FashionHarp. The images and icons available in the FashionHarp icon pack may used by partners and third party sites in connection with providing appropriate links to the FashionHarp Site.
Please respect our trademarks and brands.
FashionHarp may terminate or suspend any and all Services and/or your FashionHarp account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your FashionHarp account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account FashionHarp will automatically remove all Content posted to your account.
We can stop providing services at any time. You can stop using your account or close it at any time as well.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind FashionHarp in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FashionHarp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FashionHarp’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. FashionHarp may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the Italian laws,
as if made within Italian between two residents thereof, and the parties submit to the exclusive jurisdiction of Italian courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.